Chapter 1.01
CODE ADOPTION
Sections:
1.01.090 Conflicting ordinances.
Article II. Title 7
1.01.110 Title 7 of code adopted.
1.01.120 Effective date of Title 7.
1.01.130 Additions or amendments to Title 7.
1.01.140 Copies of Title 7 on file.
Code reviser’s note: The Whitestown Municipal Code (WMC) was originally adopted by Ords. 1984-05 and 1985-04. This version of the WMC reorganizes the original version and incorporates subsequently adopted ordinances and resolutions. The reorganized WMC is for ease of reference only. It does not amend, revise, or supersede any ordinance, resolution, or the original WMC. If any provision of the reorganized WMC conflicts with or is inconsistent with any ordinance, resolution, or the original WMC, the ordinance, resolution, or the original WMC shall be controlling. Bracketed text (“[example]”) within the reorganized WMC indicates that an editorial change was made for ease of reference. The bracketed text does not revise, amend, or supersede any ordinance, resolution, or the original WMC.
Article I. Titles 1 through 6
1.01.010 Code adopted.
Titles 1 through 6 of a New Town Code, inclusive, are hereby adopted and enacted as a part of the Town Code of Whitestown, Indiana, and shall be treated and considered as a new and original comprehensive ordinance which shall supersede all other general and permanent ordinances passed by the town board on or before January 1, 1984, except such as by reference thereto are expressly saved from repeal or continued in force and effect for any purpose. [Ord. 1984-05 § 1]
1.01.020 Effective date.
All provisions of such code shall be in force and effect from and after ____, in accordance with WMC 1.01.010, and all ordinances of a general and permanent nature of the town of Whitestown enacted on final passage on or before ____ and not in such code or recognized and continued in force by reference therein are hereby repealed from and after the effective date of such code, except as herein provided, except such ordinances containing subjects not covered herein. [Ord. 1984-05 § 2]
1.01.030 Effect of repeal.
Any repeal implied hereby shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance which is repealed by the ordinance codified in this chapter. [Ord. 1984-05 § 3]
1.01.040 Amendments.
Any and all additions or amendments to such code, when passed in such form as to indicate the intention of the town board to make the same a part thereof, shall be deemed to be incorporated in such code so that reference to the “Town Code of Whitestown, Indiana” shall be understood and intended to include such additions and amendments. [Ord. 1984-05 § 4]
1.01.050 Code on file.
Three copies of such code shall be kept on file in the office of the town clerk-treasurer, preserved in looseleaf form. It shall be the express duty of the town clerk-treasurer or someone authorized by that officer to insert in their designated places all amendments or ordinances which indicate the intention of the town board to make the same a part of such code when the same have been printed or reprinted in page form, and to extract from such code all provisions which may from time to time be repealed by the town board. This copy of such code shall be available for all persons desiring to examine the same and shall be considered the official Town Code of Whitestown, Indiana. [Ord. 1984-05 § 5]
1.01.060 Penalties.
In case of the amendment of any such code for which a penalty is not provided, the general penalty as provided in WMC 1.05.100 shall apply to the section as amended or in case such amendment contains provisions for which a penalty, other than the aforementioned general penalty, is provided in another section in the same chapter, the penalties so provided in such other section shall be held to relate to the section so amended, unless such penalty is specifically repealed therein. [Ord. 1984-05 § 6]
1.01.070 Violations.
Except as otherwise provided by state law, wherever in the code adopted by the ordinance codified in this chapter, or in any other ordinance of the town, or rule or regulation promulgated by an officer or agency thereof under the authority invested by law or ordinance, any act is prohibited or is made or declared to be unlawful or an offense or the doing of any act is required, or the failure to do any act is declared to be unlawful, where no specific penalty is provided therefor, the violation of such provision of said code, ordinance, rule or regulation is hereby declared to be a misdemeanor and shall be punished by a fine not exceeding $1,000.00. Every day any violation of said code, or any such ordinance, rule or regulation shall continue shall constitute a separate offense. In any prosecution based upon this section it shall be necessary to allege only the first day with respect to which any forfeiture is assessable, and upon conviction, the offender shall be assessed for that day and each day subsequent thereto with respect to which it is proven and found that such person did commit such violation. [Ord. 1984-05 § 7]
1.01.080 Tampering with code.
It shall be unlawful for any person, firm or corporation in the town to change or amend by additions or deletions, any part or portion of such code, or to insert or delete pages or portions thereof, or to alter or tamper with such code in any manner whatsoever which will cause the law of the town of Whitestown to be misrepresented thereby. Any person, firm or corporation violating this section shall be punished as provided in WMC 1.01.070. [Ord. 1984-05 § 8]
1.01.090 Conflicting ordinances.
All ordinances or parts of ordinances in conflict herewith or with the code adopted hereby are, to the extent of such conflict, hereby repealed. [Ord. 1984-05 § 9]
1.01.100 History notes.
The town board hereby declares that the presence of a history note, such as [a reference to any previously adopted ordinance] at the end of any section of the code adopted by the ordinance codified in this chapter is a declaration and determination by said town board of the town of Whitestown, Indiana, that said section is a restatement or reenactment of a previously enacted ordinance, and that each such section shall be deemed to be reordained by the passage of said code. [Ord. 1984-05 § 10]
Article II. Title 7
1.01.110 Title 7 of code adopted.
Title 7 of the Town Code, inclusive, is hereby adopted and enacted as a part of the Town Code of Whitestown, Indiana, which shall repeal all traffic ordinances passed by the town board, except such as by reference thereto are expressly saved from repeal or continued in force and effect for any purpose. [Ord. 1985-04 § 1]
1.01.120 Effective date of Title 7.
All provisions of Title 7 to said code shall be in full force and effect from and after July 10, 1985, in accordance with WMC 1.01.110, and all traffic ordinances of a general and permanent nature of the town of Whitestown enacted on final passage on or before June 1, 1985, and not in Title 7 or recognized and continued in force by reference therein are hereby repealed from and after the effective date of such Title 7, except as herein provided, except such ordinances containing subjects not covered herein. [Ord. 1985-04 § 2]
1.01.130 Additions or amendments to Title 7.
Any and all additions or amendments to such Title 7, when passed in such form as to indicate the intention of the town board to make the same a part thereof, shall be deemed to be incorporated in Title 7 so that reference to the “Town Code of Whitestown, Indiana” shall be understood and intended to include such additions and amendments. [Ord. 1985-04 § 3]
1.01.140 Copies of Title 7 on file.
Three copies of the Town Code including Title 7 shall be kept on file in the office of the town clerk-treasurer or someone authorized by that officer to insert in their designated places all amendments or ordinances which indicate the intention of the town board to make the same a part of such code when the same have been printed or reprinted in page form, and to extract from such code all provisions which may from time to time be repealed by the town board. This copy of such code shall be available for all persons desiring to examine the same and shall be considered the official Town Code of Whitestown, Indiana. [Ord. 1985-04 § 4]
1.01.150 Penalties.
In case of the amendment of any such code for which a penalty is not provided, the general penalty as provided in WMC 1.05.100 shall apply to the section as amended or in case such amendment contains provisions for which a penalty, other than the aforementioned general penalty, is provided in another section in the same chapter, the penalties so provided in such other section shall be held to relate to the section so amended, unless such penalty is specifically repealed therein. [Ord. 1985-04 § 5]
1.01.160 Violations.
Except as otherwise provided by state law, wherever, in Title 7 adopted by the ordinance codified in this section, or in any other ordinance of the town, or rule or regulation promulgated by an officer or agency thereof under the authority invested by law or ordinance, any act is prohibited or is made or declared to be unlawful or an offense or the doing of any act is required, or the failure to do any act is declared to be unlawful, where no specific penalty is provided therefor, the violation of such provision of said code, ordinance, rule or regulation is hereby declared to be a misdemeanor and shall be punished by a fine not exceeding $1,000.00. Each day any violation of said Title 7, or any such ordinance, rule or regulation shall continue shall constitute a separate offense. In any prosecution based upon this section it shall be necessary to allege only the first day with respect to which any forfeiture is assessable; and upon conviction, the offender shall be assessed for that day and each day subsequent thereto with respect to which it is proven and found that such person did commit such violation. [Ord. 1985-04 § 6]
1.01.170 Unlawful amendments.
It shall be unlawful for any person, firm or corporation in the town to change or amend by additions or deletions, any part or portion of such Title 7, or to insert or delete pages or portions thereof, or to alter or tamper with such code in any manner whatsoever which will cause the law of the town of Whitestown to be misrepresented thereby. Any person, firm or corporation violating this section shall be punished as provided in WMC 1.01.160. [Ord. 1985-04 § 7]
1.01.180 History notes.
The town board hereby declares that the presence of a history note, such as a reference to any previous adopted ordinance at the end of any section of the code adopted by the ordinance codified in this chapter is a declaration and determination by said town board of the town of Whitestown, Indiana, that said section is a restatement or reenactment of a previously enacted ordinance, and that each such section shall be deemed to be reordained by the passage of said code. [Ord. 1985-04 § 9]