TITLE IX: GENERAL REGULATIONS


                                 Chapter

 

                                           90.     UNIFORM ADDRESS NUMBERING SYSTEM

 

                                           91.     PUBLIC POOL AND BATHING BEACH

 

                                           92.     RIGHT-OF-WAY PERMIT PROCEDURES

 

                                           93.     TEMPORARY RESTRICTIONS; CLOSURE OF HIGHWAYS

 

                                           94.     ANIMAL CONTROL

 

                                           95.     FAIR HOUSING

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CHAPTER 90: UNIFORM ADDRESS NUMBERING SYSTEM


Section

 

      90.01     Purpose

      90.02     Grids established

      90.03     Administrative officer; assignment of addresses

      90.04     Standards for posting address numbers

      90.05     Enforcement

 

      90.99     Penalty




§ 90.01 PURPOSE.


      (A)  The purpose of this chapter is to establish a uniform numbering system for the systematic numbering of addresses for houses and structures located within the jurisdictional area of the County Plan Commission.


      (B)  The numbering of houses and other structures in an orderly and systematic manner will make the location for the houses and structures more expeditious in cases of fire emergencies, in situations involving immediate need for medical attention for family members or occupants of a building, and in instances where police protection may be required. An orderly and systematic numbering process will also enhance the delivery of goods and services, as well as increase the efficiency of operations such as postal delivery.

(1983 Code, § 1-16-1)



§ 90.02 GRIDS ESTABLISHED.


      (A)  The uniform numbering system is generally based on the Lyman system by assignment of 1,000 addresses per mile. Even-numbered addresses shall be


assigned on the north and west sides of roads and odd-numbered addresses shall be assigned on the south and east sides of roads.


      (B)  The grid system to be used is to be constructed on a north, south, east and west basis using the existing base roads in the county highway system, with each mile portion of roadway becoming a “block” for uniform numbering purposes.


             (1)  The road numbering system begins in the Town of Brownstown at the corner of Sections 11, 12, 13 and 14, Township 5 North, Range 4 East.


             (2)  Base road north shall be that portion of county roadway that lies along the section line extending north from the aforesaid intersection to the Bartholomew County line.


             (3)  Base road south shall be that portion of county roadway that lies along the section line extending south from the aforesaid intersection to the Washington County line.


             (4)  Base road east shall be that portion of county roadway that lies along the section line extending east from the aforesaid intersection to the Jennings County line.


             (5)  Base road west shall be that portion of county roadway that lies along the section line extending west from the aforesaid intersection to the Lawrence County line.


      (C)  The new system shall utilize the current official county road numbers and add to them a prefix with a numerical location followed by a letter indicating the general direction the road runs from the base road.



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      (D) The current addressing scheme of the City of Seymour and of the Towns of Brownstown, Crothersville and Medora shall be taken into account for areas adjoining each incorporated area.

(1983 Code, § 1-16-2)



§ 90.03 ADMINISTRATIVE OFFICER;

ASSIGNMENT OF ADDRESSES.


      (A)  The County Building Commissioner shall act as the Administrative Officer (hereinafter referred to as “Administrative Officer”) in charge of issuing addresses to houses and structures in compliance with this chapter. The Administrative Officer shall issue numbers to all new houses or structures, renumber houses and structures whenever it becomes necessary to do so in the implementation of the uniform system, and cause the numbering of all existing homes or structures which are not numbered to be numbered in accordance with the provisions of this chapter. Barns, sheds and outbuildings not used for a habitation or business shall not be numbered.


      (B)  The Administrative Officer may establish written guidelines to use in implementing this chapter and may amend the guidelines from time to time, subject to prior approval of the Board of Commissioners of the county.


      (C)  The Administrative Officer may, if he or she deems proper and necessary for the implementation of the uniform numbering system, assign numbers to houses or structures that are situated on private streets or roads within the jurisdictional area of the County Plan Commission.


      (D) From the effective date of this chapter, the numbering of all houses and structures located on lots or parcels of land abutting public streets or roads within the jurisdictional area of the County Plan Commission shall be accomplished in conformity with the uniform numbering system as herein described. At the time of the issuance of any permit for the construction of a house or structure, a number shall be assigned by the Administrative Officer to the house or structure as herein provided. The number shall be


included on the permit, and no permit authorizing the occupancy of a house or structure shall be issued and no final inspection of a building performed for the purpose of permitting its occupancy shall be deemed complete unless the house or structure displays, at the time of inspection, the officially assigned number in full compliance with the standards of this chapter.


      (E)  Houses and structures that were numbered prior to the effective date of this chapter shall be renumbered in order that the same may comply with the uniform numbering system and so that the numerical harmony throughout an area or areas is substantially achieved. The County Building Commissioner shall authorize those changes.


      (F)  The Administrative Officer shall provide a uniform system of notification of the issuance of numbers or the renumbering of houses and structures. Notification shall be made reasonably ahead of impending changes so as to allow interested groups and agencies to plan and to prepare for proposed changes. The Administrative Officer shall keep accurate records and shall, from time to time, prepare and make available to the County Commissioners a report of the status of the implementation of the uniform numbering system. In the assignment of house numbers, the Administrative Officer shall use his or her best judgment and shall carefully consider and evaluate all contingencies and shall, with due regard to the sensitive nature of the job assigned to it, be considerate of the citizens of the county.

(1983 Code, § 1-16-3)



§ 90.04 STANDARDS FOR POSTING ADDRESS

NUMBERS.


      (A)  On or after February 1, 1992, the owner or occupant of a house or structure located within the jurisdictional area of the County Plan Commission shall post officially assigned numbers in a location providing easy identification from the abutting street or road. The official number shall be placed attached to the mailbox (in accordance with postal regulations) or on a post or outside light, or on any prominent place on the house or structure so that the number is






Uniform Address Numbering System5



identifiable. Provided, however, that if a building is not visible from a road or if a building is more than 200 feet from a road, the number shall be displayed at the entrance to the access road or driveway to the building by means of a separate marker or on a mailbox.


      (B)  The number shall be a minimum of three inches in height and made of durable, weatherproof material. The color of the number must stand out from its background.

(1983 Code, § 1-16-4)



§ 90.05 ENFORCEMENT.


      (A)  The Board of Commissioners may institute a suit for injunction in the courts of the county to restrain any person, firm or corporation who shall take down, alter, deface, destroy or conceal any number assigned to or placed upon any building in compliance with this chapter, or who shall place or substitute or permit to be placed or substituted upon any building an erroneous or improper number not in compliance with this chapter, or who shall allow to be retained upon any building an erroneous or improper number not in compliance with this chapter.


      (B)  The Board of Commissioners may institute a suit for mandatory injunction directing a person, firm or corporation to correct any violation of the provisions of this chapter or to bring about compliance with the provisions of this chapter.


      (C)  If the Board of Commissioners is successful in any such suit, the defendant or respondent shall bear the costs of the action, including reasonable attorney’s fees.

(1983 Code, § 1-16-6)




§ 90.99 PENALTY.


      Any person, firm or corporation owning or occupying a building who shall fail to number the building or who shall fail to maintain the number of


the building as provided in this chapter shall be deemed to have violated the provisions of this chapter and shall be fined a sum of not less than $25 nor more than $100 for each day’s violation.

(1983 Code, § 1-16-5)





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CHAPTER 91: PUBLIC POOL AND BATHING BEACH



Section

 

      91.01     Purpose

      91.02     State law incorporated by reference

      91.03     Definitions and exclusions

      91.04     Permits

      91.05     Operation

      91.06     Inspections

      91.07     Construction

      91.08     Appeals procedures

 

      91.99     Penalty




§ 91.01 PURPOSE.


      This chapter contains provisions regulating the construction, maintenance and operation of public and semi-public swimming pools and wading pools, bathing beaches and hot tubs and spas requiring permits and providing penalties for violations thereof.

(1983 Code, § 3-49-1)



§ 91.02 STATE LAW INCORPORATED BY

REFERENCE.


      All of the terms and conditions of 675 I.A.C. Art. 17, Bulletin PWS 6 and State Department of Fire Prevention and Building Safety Rule 675 I.A.C. 20-1.1 and the Ten State Rule of Recommended Standards for Bathing Beaches and any amendments thereto regarding the licensing and operation of a pool, spa or bathing beach are hereby incorporated by reference.

(1983 Code, § 3-49-2)




§ 91.03 DEFINITIONS AND EXCLUSIONS.


      For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.


      BATHER. Any person using the facility and adjoining area for the purpose of therapy, relaxation, recreation and other related activities.


      DEPARTMENT. The State Department of Health.


      HEALTH OFFICER. The duly appointed Health Officer of Jackson County, Indiana or his or her authorized agent or representative of the Environmental Health Division of Jackson County Health Department.


      PERSON. Any individual, partnership, co-part-nership, firm, company, corporation, association, joint stock company trust, estate or municipality or its legal representative agent.


      POOL FACILITY. Public swimming pool, public wading pool, public bathing beach, public recreational water slide flumes, public hot tubs, semi-public swimming pools, semi-public wading pool, semi-public bathing beaches, semi-public hot tubs, semi-public spas, unless otherwise specifically indicated.


      PRIVATE. Any swimming or wading pool, bathing beach, recreational water slide flume, spa or hot tub located on private property and under the


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control of a homeowner, the use of which is restricted to members of the family or their invited non-paying guests.


      PUBLIC BATHING BEACH. Any body of water not contained within a structure, chamber or tank for swimming, diving or recreational bathing. This includes natural lakes, artificial lake impoundment, pond, rivers and streams and similar outdoor facilities, which are partially natural in character, together with buildings, equipment and appurtenances pertaining thereto, irrespective of whether a fee is charged for the use thereof.


      PUBLIC SPAS and PUBLIC HOT TUBS. Pools designed for recreational or therapeutic use and for physiological and psychological relaxation.


      PUBLIC SWIMMING POOL. Any structure, basin, chamber or tank containing a body of water for swimming, diving or recreational bathing which is operated by a concessionaires, owner, lessee, operator or permittee, irrespective of whether a fee is charged for use. The term PUBLIC SWIMMING POOL includes auxiliary structures including, but not limited to dressing and locker rooms, toilets, showers, furniture and fixtures, playgrounds and spectator areas adjacent to and associated with the pool, and other areas and enclosures that are intended for use by bathers or for storage of maintenance supplies and/or equipment. Nothing in this chapter shall be construed as applying to any swimming pool maintained by an individual for the sole use of his or her household and non-paying guests.


      PUBLIC WADING POOL. A small pool for use by children for bathing which:


             (1)  Is designed and constructed for a turnover rate of at least one turnover per hour;


             (2)  Has a maximum depth of two feet;


             (3)  Has operation functions similar to a swimming pool; or



             (4)  Is operated by a concessionaire, owner, lessee, operator or permittee irrespective of whether a fee is charged for use.


      RECREATIONAL WATER SLIDE FLUME. A recreational device designed to provide a descending ride into a splash down pool at the base of the slide and in which low friction on the slide bed or flume is achieved in all designs by providing a flowing water stream.


      SEASONAL PUBLIC SWIMMING POOL. Pools operated only during the months of May, June, July, August and September.


      SEMI-PUBLIC. Pools of restricted access such as pools at apartment complexes, motels, hotels, condominiums, subdivisions, mobile home parks and other similar short or long term living units as well as country clubs, swimming clubs, schools and other similar units. They shall be treated as public swimming pools.


      TURNOVER TIME. The period of time (usually in hours) required to circulate a volume of water equal to the pool capacity.


      YEAR-AROUND SWIMMING POOL. Any public swimming facility that operates year-round or at any time other than May, June, July, August and September as defined by SEASONAL PUBLIC SWIMMING POOLS.


      UNDEFINED TERMS. Words not specifically defined in this chapter shall have the common definition set forth in a standard dictionary.

(1983 Code, § 3-49-3)



§ 91.04 PERMITS.


      (A)  Permit required from County Health Department.


             (1)  It shall be unlawful for any person to operate a public or semi-public pool facility in the






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county who does not possess a valid permit from the Health Officer.


             (2)  The permit shall be posted in a conspicuous place on the premises of the pool facility.


             (3)  Only persons who comply with the applicable requirements of this chapter shall be entitled to receive and retain such a permit.


             (4)  The permits are non-negotiable and not transferable. Application for and pertinent fees shall be submitted to the County Health Department prior to the opening of the pool facility.


             (5)  Permits shall be issued for the calendar year when, in the judgement of the Health Officer, the pool facility is in full compliance with all requirements of this chapter.


      (B)  Revoked permit. No permit or renewal thereof shall be denied or revoked on arbitrary or capricious grounds.


      (C)  Permit fees.


             (1)  Issuance. The fee for the issuance of a pool operator’s permit, or a bathing beach permit, may be fixed and charged by the County Board of Health in accordance with § 110.02 of this code of ordinances.


             (2)  Late penalty. All permit fees shall be payable on or before May 1 of the year intended for licensure, and shall be subject to the addition of a late penalty charge of 50% of the permit fee if submitted after June 15 of that year. The late penalty charge will not apply to pool facilities that were not in operation the previous year.


             (3)  Exemption from fees. Tax supported pool facilities of the government shall be exempt from payment of any fees set by this chapter; however, those units must comply with all other provisions of this chapter. Private pools are exempt from all fees and inspection.



             (4)  Initial installation, remodel and repair permits. Permits for initial installation, repairs, alterations or extensions of a pool facility and operating necessities including, but not limited to, associated accessories such as lockers, toilets and showers shall be granted upon proper application and approval by the County Health Department.


      (D) Renewal of permit.


             (1)  Re-submittal required. Complete application for renewal of permit must be submitted at least 30 days prior to the expiration date of the expiring permit, and comply with all of the conditions set forth in this chapter.


             (2)  Evaluation of renewal. Evaluation of an operating permit renewal application will be based on the quality of operation during the period of previous permit. If the standards specified in this chapter have been met, the permit will be reissued.


                   (a)  Evaluation will be based on reports of all inspections made during the evaluation period. No permit shall be renewed if the facility holding that permit has not been substantially in compliance with this chapter.


                   (b)  No permit shall be renewed if, on more than half of the inspections, the operation did not meet requirements of this chapter.


      (E)  Suspension of permit. Any permit issued under this chapter may be temporarily suspended by the Health Officer without notice or hearing for a period of not to exceed 60 days, for any of the following reasons:


             (1)  Unsanitary or other conditions which in the Health Officer’s opinion endanger the public’s health; and/or


             (2)  Interference with the Health Officer or any of his or her authorized representatives in the performance of their duties.


      (F)  Reinstatement of permit. Any person whose permit has been suspended may at any time make






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application to the Health Officer for the reinstatement of his or her permit.


      (G)  Exclusions. It is further provided that the prohibitions contained in this chapter shall have no application to persons engaged solely in activities that are primarily for personal, family or household purposes.

(1983 Code, § 3-49-4) Penalty, see § 91.99



§ 91.05 OPERATION.


      (A)  Minimum requirements. All pool facilities shall comply with the minimum requirements specified by the State Department of Health as now provided in state law and the minimum requirements of the State Fire Prevention and Building Safety Rule 675 I.A.C. 20 or as may be hereafter changed or amended. Those regulations and any changes and amendments thereto which may be hereafter adopted or promulgated by the state are incorporated by reference herein and made a part hereof. The Indiana Code will supercede the Ten State Rule for Bathing Beaches for bathing beaches upon its adoption.


      (B)  Requirements for bathing beaches. All bathing beaches shall comply with the minimum requirements specified in the Ten State Rule, or as the State Department of Health may change or amend hereafter.


      (C)  Requirements for spas and hot tubs. All public spas and hot tubs shall comply with the minimum requirements specified in the Bulletin PWS 6 by the Environmental Protection Agency, or the minimum requirements specified by the State Department of Health as may be hereafter changed or amended.


      (D) Required water tests. Operators of pool facilities and bathing beaches shall arrange for the collection and bacteriological examination of at least one sample of swimming water in the pool/beach facility per week whenever the facility is open for use. The sample shall start at least one week prior to the opening of the pool/beach facility. Results of the sampling shall be reported to the County Health Department before the next week’s water sample is


taken. The penalties for failure to meet these requirements are suspension and closure.

(1983 Code, § 3-49-5)



§ 91.06 INSPECTIONS.


      (A)  Frequency of inspections. The County Health Officer or his or her authorized agent or representative of the Environmental Health Division shall be responsible for inspections. Once per operating season, a thorough inspection shall be conducted to determine compliance with this chapter by all pool facilities and bathing beaches. More frequent inspections may be made when the Health Officer or his representative deems it necessary. A written inspection report shall be given to the pool/beach operator at the time of the inspection.


      (B)  Authority to inspect and to copy records.


             (1)  Access to all areas. The County Health Officer or his or her duly appointed agent bearing proper identification shall be permitted to enter upon all areas for the purpose of inspection, observation and sanitary testing as is necessary to carry out the provisions of this chapter.


             (2)  Authority to copy records. The person operating the facility shall, upon request, permit the Health Officer or his or her duly authorized representative, to collect evidence and copy records relative to the enforcement of this chapter.


      (C)  Procedure when violations are noted. If during the inspection of any facility, if the Health Officer discovers the violation of any of the requirements in § 91.05 above, he or she shall issue a written order listing the violations to the proprietor or, in his or her absence, to the person in charge, and fixing a time within which the proprietor shall abate and remedy the violations. A copy of the written order shall be filed with the records of the County Health Department.


      (D) Final inspection. If, upon a follow-up inspection, the Health Officer finds that the provisions of this chapter which were in violation on the previous






Public Pool and Bathing Beach11



inspection and for which a written notice was issued, remain in violation, the Health Officer may issue a written order to the permittee of the pool facility, to appear for a hearing at a certain time, no later than ten days from the date of the last inspection and at a fixed place in order to show cause why the permit issued under the provision of § 91.04 above should not be revoked by administrative enforcement.


      (E)  Revocation of permit. Upon a hearing before the Health Officer, or his or her duly appointed representative, if the permittee fails to show cause why the facility does not endanger health, the Health Officer shall revoke the permit and promptly give written notice of that action to the permittee. The Health Officer shall maintain a permanent record of his or her proceedings filed in the office of the Environmental Health Division of the County Health Department. The revocation shall remain in effect until the violations are corrected.


      (F)  Temporary revocation of permit. Any permit issued under this chapter may be temporarily suspended by the Health Officer without notice or hearing for a period not to exceed 30 days for any of the following reasons:


             (1)  Unsanitary, unsafe or other conditions which in the Health Officer’s judgment endangers the public’s health;


             (2)  Conditions which in the Health Officer’s judgment pollute the environment; or


             (3)  Interference with the Health Officer in the performance of his or her duties; provided, however, that upon written application from the permittee served upon the Health Officer within 15 days after the suspension, the Health Officer shall conduct a hearing upon the matter, after giving to the suspended permittee at least five days’ written notice, of the time, place and purpose of the hearing, provided further that any such suspension order shall be issued by the Health Officer in writing, and served upon the permittee by leaving a copy at his or her pool facility or by delivery of the order by registered or certified mail to the address of the permittee of the pool facility.



      (G)  Extension of compliance. The Health Officer may, if he or she determines that any person, who is otherwise not in compliance with the order to comply within the time requirements, has acted in good faith and has made a commitment (in the form of contracts or other securities) of necessary resources to achieve compliance, grant an extension of the date referred to in division (C) above to a date which will achieve compliance at the earliest time possible, but not later than six months from the original date of compliance.

(1983 Code, § 3-49-6)



§ 91.07 CONSTRUCTION.


      (A)  Requirements. The requirements of 675 I.A.C. Art. 17 and the State Department of Fire Prevention and Building Safety Rule 675 I.A.C. 20-1.1 and the Ten State Rule of Recommended Standards for Bathing Beaches are hereby incorporated by reference as part of this chapter and all pool facilities and bathing beaches shall be designed, constructed and maintained in accordance with the terms and provisions of that code.


      (B)  Approval of plans. The County Health Department must approve plans and specifications for pool facilities and their location. The plans and specifications submitted for approval shall have been prepared by or under the supervision of a professional engineer or architect legally registered in the state, be certified by him or her and bear his or her official seal.


      (C)  Substandard construction. Pool facilities operating at the time this chapter becomes effective that are not in compliance with the standards set forth in this chapter will be allowed to operate until December 31, 2001. Pools with substandard construction will not be issued a permit to operate until the improvements are inspected and approved by the Health Officer. The penalties for failure to meet these requirements are suspension and closure.


      (D) Maintenance. Pool facilities that fail to maintain safe and sanitary construction will be allowed a reasonable opportunity and time to bring the pool operation into compliance with this section as determined by the Health Officer or his or her duly






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appointed representative. Maximum time limit for abating substandard conditions is six months.

(1983 Code, § 3-49-7)



§ 91.08 APPEALS PROCEDURES.


      (A)  Grant a hearing. If an applicant is denied a permit, the Health Officer shall grant a hearing on the matter, provided that the applicant files in the office of the Health Officer, within ten days after receiving notice that the permit has been denied, a statement on the reasons the permit should not have been denied. Upon receipt of the petition and statement, the Health Officer shall set a time and place for a hearing on the petition and shall give the applicant written notice thereof.


      (B)  Modifies decision. After the hearing, the Health Officer shall sustain, modify or withdraw the decision to deny the permit, depending upon his or her findings as to compliance with the provisions of this chapter. If the Health Officer sustains or modifies the decision to deny the permit, it shall be deemed to be an order.

(1983 Code, § 3-49-9)




§ 91.99 PENALTY.


      Whenever, on the basis of the information available, the Health Officer finds that any person is in violation of any provisions of this chapter, the Health Officer may enforce this chapter in the following manner.


      (A)  Civil action. The Health Officer is authorized to commence a civil action for the appropriate relief, including:


             (1)  A permanent or temporary injunction for any violation; and/or


             (2)  Civil penalties of not more than $500 for the first offense (day); of not more than $1,000 for the second offense (day) and not more than $1,000 for each subsequent offense (day) thereafter. Each day, after the expiration of the time limit for abating


unsanitary condition, and completing improvements to abate those conditions where compliance with such an order by the County Board of Health, or by the duly appointed Health Officer or his or her representative, has not been met, shall constitute a distinct and separate offense. Any action under this chapter may be brought in the County Circuit Court or the County Superior Court and may be brought by the County Attorney or by another attorney of the choosing of the Health Board.


      (B)  Assessment of costs. In addition to any fines as set forth above, any person found to be in violation of any provision of this chapter, shall be assessed all costs and expenses of the investigation and shall, in addition, be liable for all reasonable attorney’s fees and costs incurred by the County Health Department in enforcing this chapter.

(1983 Code, § 3-49-8)




 


CHAPTER 92: RIGHT-OF-WAY PERMIT PROCEDURES



Section


General Provisions

 

      92.01     Purpose

      92.02     Definitions

      92.03     Application for permit; form; fees

      92.04     New application; when required

      92.05     Parties to application

      92.06     Drawings and information required

      92.07     Construction and materials standards

      92.08     Standards and design requirements

      92.09     Commercial applications; attestation

      92.10     Performance bonds


Specific Provisions

 

      92.25     Drainage requirements

      92.26     Authorization to proceed; objections

      92.27     Inspections; revocation of permit

      92.28     Noncompliance of permits without bonds

      92.29     Notice of start of construction

      92.30     Traffic control

      92.31     Prohibited hours of work

      92.32     Display of permit

      92.33     Term of permit; extension; cancellation

      92.34     Liability during construction

      92.35     Interference with structures on right-of-way

      Appendix A:  Right-of-Way Permit

      Appendix B:  Bond and/or Permit Fee Waiver

Cross-reference:

      Temporary restrictions and closures of highways,

        see Chapter 93 of this code of ordinances




GENERAL PROVISIONS



§ 92.01 PURPOSE.


      (A)  The county is authorized to determine and establish requirements and restrictions concerning the use of and/or construction upon the highway rights-of-way of the county as may be necessary to provide for the drainage of the highway preservation of the highway and the safety and convenience of traffic on the highway.


      (B)  A written permit application for utilization other than that already allowed by law shall be considered by the county and, if in accordance with properly established regulations and requirements, a permit shall be granted subject to appropriate conditions and provisions contained therein.


      (C)  All work on the permit shall be performed to the satisfaction of the county.

(1983 Code, § 5-84-1)



§ 92.02 DEFINITIONS.


      For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.


      ACCESS. A location which allows vehicular and/or pedestrian traffic to cross the highway right-of-way line and is positioned at the connection of a driveway with the approach at the right-of-way line.


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      APPLICANT. A person, partnership, company, corporation, association or agency making application for a permit to perform work on an approach.


      APPLICATION. A formally prepared request for a permit which is presented by an applicant on a permit form to the county seeking permission to perform work on highway right-of-way.


      APPROACH. A way or place improved for vehicular or pedestrian traffic on the highway right-of-way which joins the pavement edge of the highway with a driveway or pedestrian walkway.


      AUXILIARY LANE. A portion of the roadway adjoining the traveled way for parking, speed change, turning, storage for turning, weaving, truck climbing or for other purposes.


      COMMERCIAL APPROACH. An approach which joins the highway with a driveway to private property used for commercial purposes and to public property.


      COUNTY. Jackson County, acting directly or through its duly authorized officers and agents.


      CROSSOVER. A paved or graded crossing in the highway median, which allows vehicles to cross or to turn across the highway.


      DRIVEWAY. A way or place not on the county right-of-way which is used for vehicles.


      EXPIRATION DATE. The last calendar day that the valid permit is in effect and that the approach must be in compliance with all conditions of the permit.


      HIGHWAY. Any roadway under the jurisdiction of the county that is designated as a county road.


      ISSUE DATE. A calendar day that the permit is granted to the applicant.


      PERMIT. A legal document in which the county gives written permission to an applicant to perform work on the highway right-of-way.



      PERMITTEE. The applicant following the issuance of a permit by the county.


      PRIVATE APPROACH. An approach which joins the highway with a driveway to private property having a residence, barn, private garage or other improvements and is ordinarily used only by the owner or occupant of the premises, guests and necessary service vehicles.


      RIGHT-OF-WAY. All land under the jurisdiction of and whose use is controlled by the county.


      SHOULDER.


             (1)  The portion of the highway right-of-way contiguous with the traveled way for accommodation of stopped vehicles, for emergency use, and for lateral support of roadway base and surface courses.


             (2)  It is measured from the edge of pavement for traveled way or, if present, auxiliary lane to the intersection of the SHOULDER and fill or ditch slopes.


      TRAFFIC. Pedestrians, ridden or herded animals, vehicles and other conveyances either singly or together while using any highway for purposes of travel.


      TRAFFIC CONTROL. Devices such as signs, barricades, pavement markings and signalization used to direct traffic in safe orderly use of the highway.


      TRAVELED WAY. The portion of roadway used for the movement of traffic, excluding shoulders and auxiliary lanes.


      UNAUTHORIZED USE. A use which has been constructed, reconstructed, altered or modified; which remains incomplete, or has become substandard for any reason, such as change in land use; that is not approved or authorized to exist in its present condition, under present traffic pattern, by the county.

(1983 Code, § 5-84-2)







Right-of-Way Permit Procedures15



§ 92.03 APPLICATION FOR PERMIT;

FORM; FEES.


      (A)  Application to the county for a permit to utilize any county highway or highway right-of-way, to cut any curb along a highway or to construct anything on a highway shall be made on the form as prescribed by the county.


      (B)  The form and accompanying documentation shall be submitted containing as many copies as may be prescribed by the county. Reasonable fees for processing permits shall be the sum of $50, to be paid at the time of the application.

(1983 Code, § 5-84-3)



§ 92.04 NEW APPLICATION; WHEN

REQUIRED.


      (A)  Relocation, alteration or remodeling of an access, approach and/or crossover, or any change in the character of the use of rights-of-way shall be considered the construction of a new access, approach or crossover and an application for a permit shall be required.


      (B)  The granting or denial of the application shall be governed by the same regulations and judged by the same standards as an application for a permit for a wholly new utilization.


      (C)  The application shall include immediately proposed and future work affecting all locations adjacent to use.

(1983 Code, § 5-84-4)



§ 92.05 PARTIES TO APPLICATION.


      (A)  All applications for permits shall be made in the name of all interested parties.


      (B)  All persons having any interest, including but not limited to lessees and optionors and contractors, if appropriate, shall join with the fee simple holder in the application.


      (C)  All those persons shall join in the application, shall sign and consent to the conditions of the application, and shall be bound equally thereafter by the conditions of the permit which may be issued to the permittee.

(1983 Code, § 5-84-5)



§ 92.06 DRAWINGS AND INFORMATION

REQUIRED.


      (A)  All applications for permits shall be accompanied by clear drawings.


      (B)  One set of drawings shall accompany all copies of the application form.


      (C)  Information to be shown on drawings shall include the following, as applicable:


             (1)  Driveway(s) and approach(es), includ-ing dimensions for width, length, angle of inter-section, radii and any other measurement necessary to show the geometries of the driveway(s) and approach(es) drawn to an engineer’s 20 or 30 scale;


             (2)  Rate of slope or grade of pavement for approach(es) and driveway(s);


             (3)  Type of approach and driveway pavement material (stone, concrete or bituminous pavement including depths of lifts);


             (4)  Existing drainage patterns and structures, including size and kind;


             (5)  New drainage patterns, including the effect on downstream county facilities and private property, and structures including size, kind, invert pipe elevations and inlet elevations;


             (6)  Width dimensions of highway right-of-way;


             (7)  Width and type of highway pavement;


             (8)  Highway right-of-way and applicant’s property lines;







16                                             Jackson County - General Regulations



             (9)  Development site plan showing parking, interior drives, buildings and other improvements;


            (10) Distance to intersecting roads, streets, railways or crossovers within 500 feet in each direction on both sides of the highway from the applicant’s property lines drawn to an engineer’s 50 scale;


            (11) The posted speed limit on highway and all traffic control equipment serving the highway, including but not limited to signalization devices, lighting, pavement markings, guardrail and sign structures;


            (12) Proposed treatment of right-of-way area;


            (13) Appropriate symbols such as north arrow, direction of lane travel and direction of drainage flow, and a legend defining abbreviations and graphic representations of existing and new conditions, objects, materials and the like;


            (14) A legal description of the property to be served by the permit together with a legal description of the adjoining land affected; and


            (15) Traffic control needed during work activity displaying necessary signs, barricades, detour signs and warning devices shall be provided whenever work is to interfere with normal traffic. Traffic control must be in accordance with the Construction and Maintenance Section of the State Manual on Uniform Traffic Control Devices.

(1983 Code, § 5-84-6)



§ 92.07 CONSTRUCTION AND MATERIALS

STANDARDS.


      All construction and materials used within the highway right-of-way must conform to the current state highway standard specifications.

(1983 Code, § 5-84-7)



§ 92.08 STANDARDS AND DESIGN

REQUIREMENTS.


      (A)  All applications shall be filed in accordance with the standards and design requirements of the Department of Highways.


      (B)  The permittee shall agree to perform all work on the right-of-way in accordance with the standards and design requirements.

(1983 Code, § 5-84-8)



§ 92.09 COMMERCIAL APPLICATIONS;

ATTESTATION.


      All applications for commercial purposes shall be signed by a registered professional engineer, a registered architect and/or registered land surveyor, attesting that the applications as proposed, conform with all regulations, specifications and standards, except as shall be noted in the attestation.

(1983 Code, § 5-84-9)



§ 92.10 PERFORMANCE BONDS.


      (A)  The county shall require a performance bond to be filed with each application showing the applicant as principal in a minimum amount of $5,000 or in an amount as specifically set by appropriate county action.


      (B)  That amount shall be increased in any application to equal the estimated cost of that part of the project on the county’s right-of-way, unless waived by the Board of Commissioners or their designated agents.


      (C)  The bonds are required to ensure compliance with all terms of the permit and shall in case of noncompliance, provide in addition to any damages suffered thereby, all witness and court costs in collecting the same, together with any attorney’s fee reasonably due, and shall be released only when the work described on the permit has been completed to the satisfaction of the county.







Right-of-Way Permit Procedures17



      (D) In appropriate situations, a maintenance bond may be required as well as proof of insurance naming the county as a co-insured.

(1983 Code, § 5-84-10)




SPECIFIC PROVISIONS



§ 92.25 DRAINAGE REQUIREMENTS.


      Any use authorized by the permit shall not interfere with drainage of the street or highway, nor cause additional area to drain onto the right-of-way unless specifically acknowledged and allowed by the permit, nor shall the improvements be constructed so as to cause drainage onto the roadway.

(1983 Code, § 5-84-11)



§ 92.26 AUTHORIZATION TO PROCEED;

OBJECTIONS.


      (A)  Upon receipt of a permit issued by the county, the permittee is authorized to proceed with the work covered by the permit, subject to the conditions imposed by the county.


      (B)  The permit does not apply to any highway right-of-way that is closed for construction purposes, except as allowed by provision in the permit, nor to any state roads or city streets.

(1983 Code, § 5-84-12)



§ 92.27 INSPECTIONS; REVOCATION OF

PERMIT.


      (A)  An inspection may be conducted at any time by the county and a final inspection of the permit shall be conducted upon completion of construction.


             (1)  The work covered by the permit does not comply until found to be in accordance with the plans and specifications filed in the application, together with any special conditions noted therein.



             (2)  The permittee shall adjust or stop operations upon direction of any police officer or authorized county employee.


             (3)  The permit may be revoked at any time by the county for non-compliance with any and/or all provisions and conditions of the permit.


      (B)  (1)  The permittee shall pay the county for any inspection costs, including labor, vehicular mileage, and equipment expenses when it is necessary to assign an independent contractor of the county, to inspect the work.


             (2)  The permittee shall immediately reimburse the county upon receipt of an itemized statement.

(1983 Code, § 5-84-13)



§ 92.28 NONCOMPLIANCE OF PERMITS

WITHOUT BONDS.


      (A)  On permits not covered by a bond, work performed that is incomplete, improperly performed or otherwise does not follow the conditions or provisions of the permit shall be designated as “Does Not Comply.”


      (B)  The county shall follow procedures for corrective action, beginning with a notice.

(1983 Code, § 5-84-14)



§ 92.29 NOTICE OF START OF

CONSTRUCTION.


      (A)  The permittee shall notify the County Commissioners’ office five working days prior to the start of any work activity on the highway right-of-way, of the date the work will commence.


      (B)  The permittee shall notify the office prior to completion of all work on the highway right-of-way of the anticipated date the work will be complete.

(1983 Code, § 5-84-15)







18                                             Jackson County - General Regulations



§ 92.30 TRAFFIC CONTROL.


      (A)  The permittee shall erect and maintain all necessary traffic control signs, barricades, detour signs and other traffic control devices required to safely direct traffic over or around the part of the highway where permitted operations are to be done in accordance with the construction and maintenance section of the State Manual on Uniform Traffic Control Devices.


      (B)  Disruption to traffic shall be kept to a minimum and shall require approval of the county prior to beginning other work activities on the right-of-way.

(1983 Code, § 5-84-16)



§ 92.31 PROHIBITED HOURS OF WORK.


      (A)  The permitted work shall not be performed on the highway right-of-way between sunset and sunrise, unless specifically allowed by special provision to the permit.


      (B)  The permitted work shall not be performed on the highway right-of-way during the period beginning at 12:00 p.m. on the last weekday preceding and continuing until sunrise on the following:


             (1)  New Year’s Day;


             (2)  Memorial Day;


             (3)  Independence Day;


             (4)  Labor Day;


             (5)  Thanksgiving; and


             (6)  Christmas.

(1983 Code, § 5-84-17)



§ 92.32 DISPLAY OF PERMIT.


      The permittee shall have the permit complete with drawings and special provisions on the job site at all


times and will show the permit, on demand, to any police officer or county employee.

(1983 Code, § 5-84-18)



§ 92.33 TERM OF PERMIT; EXTENSION;

CANCELLATION.


      (A)  All work on a highway right-of-way authorized by a permit must be completed within one year after the permit is issued; otherwise, the permit will be cancelled unless an extension is requested, in writing, by the permittee, and is approved by the county. The time extension shall not exceed more than one year beyond the original expiration date unless approved otherwise by the county.


      (B)  If a permit is cancelled, a new application must be submitted and approved before the proposed work can begin. Once construction authorized by the permit is initiated it must be completed within 30 days, unless otherwise expressly approved as a special condition.

(1983 Code, § 5-84-19)



§ 92.34 LIABILITY DURING CONSTRUCTION.


      The permittee shall assume all responsibility (during the time from the beginning of the work covered by any permit until final approval for the work) and shall furthermore be obligated to save harmless the county for any and all injury, loss or damage occasioned to or by persons or property resulting directly or indirectly from the work. The county shall, in its discretion, require the permittee to provide liability and indemnity insurance for the use and benefit of the county.

(1983 Code, § 5-84-20)



§ 92.35 INTERFERENCE WITH STRUCTURES

ON RIGHT-OF-WAY.


      (A)  The work authorized by the permit shall not interfere with any existing structure on any county right-of-way without specific permission in writing from the county or other owner thereof.






Right-of-Way Permit Procedures19



      (B)  Any structure or traffic control device affected by the proposed construction shall be relocated at the permittee’s expense as directed. In the event that any buildings, railings, traffic control devices or other structures are damaged, the cost of the removal and/or of repair due to damage shall be at the permittee’s expense as directed.

(1983 Code, § 5-84-21)










20                                             Jackson County - General Regulations





Right-of-Way Permit Procedures21



APPENDIX A: RIGHT-OF-WAY PERMIT



Type of Permit _____________________________________________________________________________


Project/Use Location _________________________________________________________________________


Legal Description of Parcel ____________________________________________________________________


_____________________________________________________________________________________________


____ 20-Year Certified Title Search or Title Insurance is Attached



Present Use of Parcel(s) ______________________________________________________________________


____________________________________________________________________________________________


Proposed Use of Parcel(s), Including Adjacent Parcels Owned and/or Controlled by Applicant _____________


___________________________________________________________________________________________


Bond Required: ____   Yes, Penal Sum $_____,    Bond Number ___________      _____ No


PERMIT FEE: $_______    Check or Bank Draft Payable to “Jackson County Department of Highways”


Special Provisions: __________________________________________________________________________


___________________________________________________________________________________________


___________________________________________________________________________________________


THE APPLICANT AGREES TO INDEMNIFY, DEFEND, EXCULPATE, AND HOLD HARMLESS JACKSON COUNTY, ITS OFFICIALS AND EMPLOYEES FROM ANY LIABILITY DUE TO LOSS, DAMAGE, INJURIES, OR OTHER CASUALTIES OF WHATSOEVER KIND, OR BY WHOMSOEVER CAUSED, TO THE PERSON OR PROPERTY OF ANYONE ON OR OFF THE RIGHT-OF-WAY ARISING OUT OF, OR RESULTING FROM THE ISSUANCE OF THIS PERMIT OR THE WORK CONNECTED THEREWITH, OR FROM THE INSTALLATION, EXISTENCE, USE, MAINTENANCE, CONDITION, REPAIRS, ALTERATION, OR REMOVAL OF ANY EQUIPMENT OR MATERIAL, WHETHER DUE IN WHOLE OR IN PART TO THE NEGLIGENT ACTS OR OMISSIONS (1) OF THE COUNTY OF JACKSON, ITS OFFICIALS, AGENTS, OR EMPLOYEES; OR (2) OF THE APPLICANT, HIS AGENTS OR EMPLOYEES, OR OTHER PERSONS ENGAGED IN THE PERFORMANCE OF THE WORK, OR (3) THE JOINT NEGLIGENCE OF ANY OF THEM; INCLUDING ANY CLAIMS ARISING OUT OF THE WORKMEN’S COMPENSATION ACT OR ANY OTHER LAW, ORDINANCE, ORDER, OR DECREE. THE APPLICANT ALSO AGREES TO PAY ALL REASONABLE EXPENSES AND ATTORNEYS FEES


22                                             Jackson County - General Regulations



INCURRED BY OR IMPOSED ON THE COUNTY OF JACKSON IN CONNECTION HEREWITH IN THE EVENT THAT THE APPLICANT SHALL DEFAULT UNDER THE PROVISIONS OF THIS PARAGRAPH.


______________________________________________

PERMIT APPLICANT SIGNATURE


______________________________________________

NAME OF COMPANY OR ORGANIZATION


______________________________________________

POST OFFICE ADDRESS


______________________________________________

TELEPHONE



      Personally appeared before me ____________________________________ as applicant this _____ day of _______________, 20________. Witness my hand and _________________________ seal the same named date.



_____________________________________________________

NOTARY SIGNATURE


_____________________________________________________

NOTARY PRINTED


My Commission Expires: _____________


My County of Residence: _____________




Right-of-Way Permit Procedures23



APPENDIX B: BOND AND/OR PERMIT FEE WAIVER



STATE OF INDIANA

COUNTY OF JACKSON

BOND AND/OR PERMIT FEE WAIVER



Type of Permit:


_______ Oversize-Overweight           ________ Driveway     ________ Cut Road     ________ Pole Line


_______ Bridge Attachment              ________ Miscellaneous ________________________________


The following is made a part of the application for a Permit.


_______ Performance Bond is waived.


_______ Permit Fee is waived.


Applicant agrees to promptly restore the road surface, highway structures, right-of-way, or any other County property disturbed by the work incorporated in said application and permit in as good condition as it was prior to the time of performing said work, and to the satisfaction of Jackson County.


Applicant agrees to assume responsibility for all maintenance costs, if in the opinion of the County said maintenance costs arise as a result of said work.


It is understood by the applicant that if the above provisions are not carried out to the satisfaction of the County, performance bonds and payment of permit fees will be required for future permits until such time that the above provisions are carried out satisfactorily.


___________________________________

Application Number


___________________________________

Road Number___________________________________

Applicant Signature


___________________________________

Name of Agency or Organization


___________________________________

Post Office Address


___________________________________

Telephone




24                                             Jackson County - General Regulations




 


CHAPTER 93: TEMPORARY RESTRICTIONS; CLOSURES OF HIGHWAYS



Section

 

      93.01     Purpose

      93.02     Imposition of temporary restrictions or closures

 

      93.99     Penalty




§ 93.01 PURPOSE.


      The purpose of this chapter is to authorize the temporary imposition of restrictions on the use of designated county highways as permitted by I.C. 9-20-1-3 and to authorize temporary closure of designated county highways as permitted by “home rule” whenever any highway, by reason of deterioration, rain, snow, flooding or other climatic conditions, will be damaged or whenever a threat to public safety is presented by continued use of the road, and to provide civil penalties for violations of the restrictions or closures.

(1983 Code, § 5-85-1) (Ord. 2007-4, passed 4-3-2007)



§ 93.02 IMPOSITION OF TEMPORARY

RESTRICTIONS OR CLOSURES.


      (A)  The county highway superintendent may temporarily close a county highway by use of physical barricades and/or signage where the superintendent determines that damage to the right-of-way or a threat to public safety is presented by continued use of the county highway. The county highway may be reopened when the superintendent determines that the condition causing the threat to public safety or damage to the right-of-way has been repaired or alleviated.


      (B)  Any county highway which has floodwater crossing the full travel width of the roadway shall be a closed county highway. There is no minimum depth of floodwater required. If a portion of the county highway is clear of flood water and can be traveled safely, as determined by the county highway superintendent, the county highway shall be considered open.


      (C)  The county highway superintendent shall erect or cause to be erected and maintained signs specifying the restriction on use of the county highway and specifying the penalties imposed on violation of this chapter at each end of that part of any designated county highway and at intersecting roadways.


      (D) Any person who fails to comply with a temporary closure or temporary restriction imposed under this chapter or who tampers with or removes a barricade or sign erected pursuant to this chapter commits a violation.

(1983 Code, § 5-85-2) (Ord. 2007-4, passed 4-3-2007; Ord. 2012-2, passed 5-15-2012) Penalty, see § 93.99




§ 93.99 PENALTY.


      A person who violates the provisions of this chapter shall be liable for a judgment in favor of the county in an amount not to exceed $500 plus attorney fees and court costs.

(1983 Code, § 5-85-3) (Ord. 2007-4, passed 4-3-2007)


2014 S-2                                                              25


26                                             Jackson County - General Regulations


CHAPTER 94: ANIMAL CONTROL


Section


Canine Control

 

      94.01     Short title

      94.02     Definitions

      94.03     Restraint

      94.04     Nuisance

      94.05     Impoundment

      94.06     Animal care

      94.07     General provisions




CANINE CONTROL



§ 94.01 SHORT TITLE.


      This subchapter shall be known as the county “Canine Control” legislation.

(Ord. 2010-14, passed 6-15-1010)



§ 94.02 DEFINITIONS.


      For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.


      ABANDONED CANINE. Any animal whose owner/guardian has knowingly, intentionally, or recklessly left it unattended, without proper food, water, or shelter, for 24 hours or more.


      ALTERED ANIMAL. Any animal which has been spayed or neutered.


      ANIMAL. Any live, nonhuman, vertebrate creature, domestic or wild.


      ANIMAL CONTROL OFFICER. All law enforcement officers employed by the county and a separate non-law enforcement employee of the county.


      AT-LARGE CANINE. A stray canine whose owner/guardian knowingly, intentionally, or recklessly allows the canine to stray beyond premises owned, lawfully occupied, or controlled by the owner/guardian unless under restraint. This definition does not apply to dogs engaged in lawful hunting accompanied by the owner/guardian or custodian.


      COUNTY ANIMAL SHELTER. Any facility operated by a county agency, or its authorized agents, for the purpose of impounding or caring for animals held under the authority of this subchapter or state law.


      HARBORING. The actions of any person that permit any canine habitually to remain or lodge or to be fed within his or her home, store, enclosure, yard, or place of business or any premises on which such person resides or controls. An animal shall be presumed HARBORED if it is fed or sheltered for three consecutive days.


      NON-COUNTY ANIMAL SHELTER/ SANCTUARY. Any facility operated by a person or organization other than the county for the purpose of harboring and/or re-homing animals.


      OWNER/GUARDIAN. A person owning or harboring one or more animals for a period of longer than 21 days.


      PERSON. Any individual, firm, joint stock company, syndicate, partnership, or corporation.


      POTENTIALLY DANGEROUS. Any of the following:


2011 S-1                                                              27


28                                             Jackson County - General Regulations



             (1)  Any animal which, when unprovoked, on two separate occasions within the prior 36-month period engages in any behavior that requires a defensive action by any person to prevent bodily injury when the person and the animal are off of property owned, lawfully occupied, or controlled by the owner/guardian or keeper of the animal.


             (2)  Any animal which, when unprovoked, bites a person causing injury that is not a severe injury as defined below.


             (3)  Any animal which, when unprovoked and off of property owned, lawfully occupied, or controlled by the owner/guardian or keeper of the animal, on two separate occasions within the prior 36-month period, has bitten or otherwise caused injury to a domestic animal that is not a severe injury as defined below.


      PUBLIC NUISANCE. Any animal or animals that:


             (1)  Molest passersby or passing vehicles;


             (2)  Attack other animals;


             (3)  Damage public property or private property;


             (4)  Bark, whine, or howl in an excessive or continuous fashion;


             (5)  Defecate on public or private property, other than the owner’s/guardian's/harborer's property, unless the waste is immediately removed and disposed of in a sanitary manner by the animal's owner/guardian/harborer; or


             (6)  Otherwise interferes with the free use and comfortable enjoyment of life or property.


      RESEARCH LABORATORY. Any animal research facility registered with the United States Department of Agriculture under authority of the Federal Laboratory Animal Welfare Act.


      RESTRAINT. The securing of an animal by a leash or lead or confining it within the real property limits of property owned, lawfully occupied, or controlled by its owner/guardian.


      SERVICE DOGS. Any dog engaged in working or training to work for the assistance of hearing- or sight-impaired, or physically handicapped or disabled persons.


      SEVERE INJURY. Any physical injury to a human being or domestic pet or domestic livestock that results in multiple bites, broken bones, muscle tears, or disfiguring lacerations or that requires multiple sutures or corrective or cosmetic surgery.


      STRAY. Any animal that does not appear, upon reasonable inquiry, to have an owner/guardian.


      TETHER. Attaching a domestic pet to a stationary object or pulley run by means of a chain, rope, tether, cable, or similar restraint. TETHER does not include the use of a leash to walk a domestic pet.


      VETERINARY HOSPITAL. Any establishment maintained and operated by a veterinarian for surgery, diagnosis, and treatment of deceases and injuries of animals.


      VICIOUS ANIMAL. Any of the following:


             (1)  Any animal which, in the opinion of the animal control officer, or his or her designee, by its behavior constitutes an immediate and serious physical threat to human beings or animals.


             (2)  Any animal previously determined to be and currently listed as a potentially dangerous animal which, after its owner/guardian or keeper has been notified of this determination, continues the potentially dangerous behavior as defined herein or is maintained in violation of § 94.06.

(Ord. 2010-14, passed 6-15-1010)


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Animal Control29



§ 94.03 RESTRAINT.


      (A)  General requirements. All animals shall be kept under restraint.


      (B)  Animals in heat. Every female animal in heat shall be confined in a building or secure enclosure in such a manner that the animal cannot come into contact with a male animal of the same species except for planned breeding.


      (C)  Vicious animals.


             (1)  If an animal control officer or any law enforcement officer has investigated and determined that there exists probable causes to believed that a dog is potentially dangerous or vicious and the ownership of the dog can be ascertained, the animal control officer shall request a hearing by the Sheriff, or his or her designee, for the purpose of determining whether or not the animal in question should be declared potentially dangerous or vicious.


             (2)  Whenever possible, any complaint received from a member of the public which serves as evidentiary basis for finding probable cause shall be sworn to and verified by the complainant and shall be provided to the Sheriff.


             (3)  The hearing will be held at a time convenient to the Sheriff, but in no instance more than five days after the complaint. Such hearing shall be open to the public.


             (4)  The owner/guardian of the dog shall be served with notice of the hearing and a copy of any complaints received by certified mail or in person.


             (5)  The animal control officer shall notify the owner/guardian of the dog of the date and time of such hearing, at which time he or she may present evidence as to why the dog should not be declared potentially dangerous or vicious.


                   (a)  Such evidence may include eyewitness testimony of the incident; or


                   (b)  Evidence that the action of the dog and the damage sustained by the person or other animal could have reasonably been expected to occur given the circumstances of the event. Such circumstances may include but are not limited to: willful trespass upon the owner/guardian's property; teasing, tormenting, abusing, or assaulting the dog; and/or attempted abuse or assault upon the owner/guardian.


             (6)  The Sheriff may consider all relevant evidence, including incident reports, affidavits of witness, and whether the incident reasonably indicates whether not the dog in question is potentially dangerous and/or vicious in ordinary circumstances where the average person could not reasonably be expected to foresee and take measures to prevent injury.


             (7)  The Sheriff may decide all issues for or against the owner/guardian of the dog even if the owner/guardian of the dog fails to appear at the hearing.


             (8)  After the hearing, the owner/guardian of the dog shall be notified in writing of the determination by certified mail or in person.


                   (a)  If a determination is made that the dog is potentially dangerous or vicious, the owner/guardian shall comply with this section's requirements for restraint in accordance with a time schedule established by the Board of Commissioners but in no case more than 30 days after the date of the determination.


                   (b)  A dog determined to be vicious may be destroyed by the Sheriff's Department when it is found by the Sheriff that the release of the dog would create a significant threat to the public health, safety, and welfare.


                   (c)  If it is determined that a dog found to be vicious shall not be destroyed, the Sheriff may impose reasonable conditions upon the ownership of the dog that protect the public health, safety, and welfare.


2011 S-1


30                                             Jackson County - General Regulations



                   (d)  Decisions of the Sheriff are final.


             (9)  If upon investigation it is determined by the animal control officer or law enforcement officer that probable cause exists to believe the dog in question poses an immediate threat to public safety, then the animal control officer or law enforcement officer may seize and impound the dog pending the hearing to be held pursuant to this section. The owner/guardian of the dog shall be liable to the county for the costs and expenses of keeping the dog, if the dog is later declared potentially dangerous or vicious.


           (10)  A potentially dangerous dog, while off the owner/guardian's property, shall, at all times, be kept indoors, or in a secured enclosure from which the dog cannot escape, and into which children cannot trespass. A potentially dangerous dog may be off the owner/guardian's premises only if a substantial leash of appropriate length restrains it, and if it is under the control of an adult.


           (11)  A dog that has been declared vicious may not be kept on a porch, patio, or any part of a house or structure that would allow the dog to exit such building on its own volition except to a secured enclosure. When outside, all vicious dogs must be confined in a secure enclosure, except when necessary to obtain veterinary care.


                   (a)  All such enclosures must be adequately lighted and ventilated and kept in a clean and sanitary condition.


                   (b)  The enclosure shall have secure sides and a secure top and bottom to prevent the dog from escaping over, under, or through the structure.


                   (c)  The enclosure shall be kept locked at all times to prevent unintentional opening.


                   (d)  The enclosure shall include suitable shelter and protection from the elements and shall provide adequate exercise room, light, ventilation, and station.


                   (e)  The enclosure shall be approved by the county Police Department prior to its usage for confinement.


                   (f)   Whenever necessity requires a vicious dog to be outside of the enclosure, the dog shall be securely muzzled and restrained by a leash not exceeding three feet in length, with handgrip, and shall be under direct control and supervision of the owner/guardian of the dog.


           (12)  The owner/guardian of a potentially dangerous or vicious dog shall display clearly visible warning signs on all entry points to the premises on which the dog is maintained warning that a potentially dangerous or vicious dog is being harbored on such property. In addition, at lease one sign shall be posted on the enclosure in which the dog is maintained. Signs must inform both children and adults of the presence of a potentially dangerous or vicious dog on the property.


           (13)  Any dog classified as potentially dangerous or vicious shall not be used for breeding and shall be altered by a licensed veterinarian within 30 days of such classification unless:


                   (a)  A licensed veterinarian certifies in writing that the dog is incapable of reproduction; or


                   (b)  A licensed veterinarian certifies in writing that altering the dog would be injurious to the dog's health, provided, however, that if the health condition of the dog is of a temporary nature, then the dog shall be altered immediately after the health condition has been corrected.


           (14)  If the dog in question dies, or is sold or transferred, the owner/guardian shall notify the County Sheriff of the changed condition and new location of the dog in writing within two working days.


           (15)  An owner/guardian may submit one request for reconsideration per year to the County Sheriff to have the designation of potentially dangerous or vicious removed from his/her dog.


                   (a)  The application must be in writing.


                   (b)  The application must be given to the County Sheriff.


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                   (c)  The application shall include detailed information about how the change in circumstances or measures taken by the owners/guardian, such as training of the dog, have mitigated the risk to public safety.


                   (d)  The County Sheriff may hear evidence, both pro and con, as to whether and why the designation should or should not be removed.


             (e)  The Sheriff may make a decision to remove or not to remove such designation.


      (F)  Violations.


             (1)  Any animal control officer may issue to any person in violation of this subchapter a notice of ordinance violation. The penalty established in subdivisions (F)(2) may, at the discretion of the dog owner/guardian, be paid to the Ordinance Violation Clerk within 72 hours in full satisfaction of the assessed penalty. In the event that such payment is not made within the period prescribed, proceedings shall be filed in the county court of competent jurisdiction.


             (2)  Persons who violate any provision of this subchapter shall be subjected to the following fine:


                   (a)  Failure to restrain, first offense, altered dog: $20. Fines for each subsequent offense within 12 consecutive months for first offense increase in increments of $20 per offense.


                   (b)  Failure to restrain, first offense, unaltered dog: $40. Fines for each subsequent offense within 12 consecutive months of first offense are $40 per offense.


                   (c)  Failure to restrain vicious dog or potentially dangerous dog, first offense: $100. Fines for each subsequent offense within 12 consecutive months of first offense are $150 per offense.


                   (d)  Failure to post warning signs, if required to do so by the Sheriff, or his or her


designee, for potentially dangerous and/or vicious dogs: $50.


                   (e)  Failure to notify the County Sheriff of change of status for potentially dangerous and/or vicious dogs: $50.


                   (f)   Failure to prevent potentially dangerous and/or vicious dog from breeding: $100.


                   (g)  Failure to alter potentially dangerous and/or vicious dog within 30 days of such classifications: $100.00.


                   (h)  Failure to comply with any portion of the foregoing not previously addressed shall result in a $100 fine.

(Ord. 2010-14, passed 6-15-1010)



§ 94.04 NUISANCE.


      (A)  Public nuisance prohibited. No owner/ guardian shall fail to exercise due care and control of his or her dog(s) to prevent them from becoming a public nuisance.


      (B)  Violations.


             (1)  Any animal control officer may issue to any person in violation of this subchapter a notice of ordinance violation. The penalty established in subdivision (B)(2) may, at the discretion of the dog owner/guardian, be paid to the Ordinance Violations Clerk within 72 hours in full satisfaction of the assessed penalty. In the event that such payment is not made within the period prescribed, proceedings shall be filed in the county court of competent jurisdiction.


             (2)  Persons who violate any provision of this subchapter shall be subject to a fine of $50 for the first offense, with the fine for each subsequent offense of this subchapter increasing by an increment of $50.

(Ord. 2010-14, passed 6-15-1010)


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32                                             Jackson County - General Regulations



§ 94.05 IMPOUNDMENT.


      (A)  Animals to be impounded.


             (1)  At-large dogs, nuisance dogs, dogs suspected of being neglected, subjected to cruelty or abandoned, and dogs which have bitten persons or other animals may be taken by law enforcement or animal control officers and impounded by the county.


             (2)  In lieu of impounding a dog which is at-large or a public nuisance, the law enforcement officer or animal control officer may issue to the known owner/guardian of such dog a notice of ordinance violation and may return the dog to the owner/guardian's property if the animal can be secured safely.


      (B)  Jurisdiction of animal control officer for impoundment. The jurisdiction of animal control officer for purposes of enforcing this subchapter shall be the county.


      (C)   Notice of impoundment.


             (1)  If the owner/guardian of an impounded dog can be identified, the animal control officer or his/her designees shall immediately upon impoundment notify the owner/guardian by telephone or mail.


             (2)  Dogs whose owner/guardians are not identifiable or cannot be notified after reasonable effort shall be held for five calendar days from the date of impoundment, not counting officially recognized holidays, before becoming the property of the county.


             (3)  Dogs whose owner/guardians have been notified and who do not reclaim their animals within the five-day period shall also become the property of the county unless the owner/guardian of the dog posts a $550 bond with the Sheriff's Department prior to the expiration of the 5-day period to provide for the dog's care and keeping.


                   (a)  The bonds must be valid for 30 days.


                   (b)  The owner/guardian may renew a bond by posting a new bond in the amount of $600 prior to the expiration of the original bond but may only do so once.


                   (c)  If a bond expires and is not renewed, the dog becomes the property of the county.


                   (d)  Any stray dogs found as a part of a litter of two or more shall become the property of the county and may be placed for adoption or humanely euthanized if not claimed by the owner/guardian within five days of impoundment.


                   (e)  Any stray found with severe medical conditions and/or injuries shall be assessed by a veterinarian, as quickly as possible. Whenever possible, humane care will be provided in order to allow the dog to remain comfortable for the duration of the five-day period. However, when a dog's injuries or illnesses are so severe such that the dog cannot be maintained in a comfortable fashion, the dog may be euthanized prior to the end of the stay period.


                   (f)   Any medical expenses incurred while the dog is in the care of the county shall be the responsibility of the owner/guardian of the dog should be the owner/guardian be identified.


                   (g)  Dogs that are the property of the county may be placed for adoption or humanely euthanized.


      (D) Impounded animals – reclamation.


             (1)  An owner/guardian reclaiming an impounded animal shall pay board fees of $10 per day for an impounded dog for one through five days.


             (2)  The county may agree to waive some or all of its fines and fees at the discretion of the Sheriff if the owner/guardian of an unaltered dog agrees to have the dog spayed or neutered as a condition of its release.


             (3)  A person may reclaim a dog in the custody of the county animal control officer upon providing the following:


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                   (a)  Proof of ownership;


                   (b)  Identification such as a driver's license;


                   (c)  Payment of redemption fee and any other service, and medical fees, as approved by the County Sheriff.


             (4)  (a)  A dog that has been a previously impounded stray or at-large dog and is now being redeemed for the second or subsequent redemption within the last 12 months may be required to be:


                          1.   implanted with a microchip at the owner/guardian's expense for the purpose of future identification and recovery; and


                          2.   spayed or neutered by a licensed veterinarian at the owner/guardian's expense prior to the shelter relinquishing the dog to the owner/guardian.


                   (b)  Should cost be an issue, the owner/guardian may sign over ownership rights of the dog to the county.

(Ord. 2010-14, passed 6-15-1010)



§ 94.06 ANIMAL CARE.


      (A)  Poisoning animals. No person shall expose any known poisonous substance, whether mixed with food or not, so that it shall be likely to be eaten by any animal; provided, that it shall not be unlawful for a person to expose on his or her own property common rat or mouse poison, unmixed or mixed with vegetable substances. Persons who violate this section shall be subject to a fine or up to $2,500 for each offense.


      (B)  Cruelty, abuse, and neglect of animals. No person shall torture, beat, mutilate, or neglect an animal resulting in serious injury or death to the animal. Persons who violate this section shall be subject to a fine of $2,500 for each offense.


      (C)  General animal care.


             (1)  Every owner/guardian of a dog within the county shall see that his or her dog:


                   (a)  Is kept in a clean, sanitary, and healthy manner and is not confined so as to be forced to stand, sit, or lie in its own excrement;


                   (b)  Has proper and adequate food, water, shelter, and protection from the weather;


                   (c)  If diseased or injured, receives care as necessary to prevent suffering and, if diseased, is segregated from other animals so as to prevent the transmittal of the disease to other animals;


             (2)  Any domestic dog that is owned or harbored and habitually kept outside or repeatedly left outside unattended by an adult person for such periods of time as may cause suffering or endanger the health or well-being of the dog shall be provided with a structurally sound, moisture proof, and windproof shelter large enough to keep the dog reasonably clean and dry and provide adequate protection.

(Ord. 2010-14, passed 6-15-1010)



§ 94.07 GENERAL PROVISIONS.


      (A)  Disposition of funds. All fees or money shall be paid to the Ordinance Violations Clerk, or agents designated by the Board of Commissioners. Money so paid shall be transmitted to the County Auditor and shall be used in carrying out the provisions of this subchapter and all other legal purposes.


      (B)  Interference with animal control officer – penalty. Whoever forcibly assaults, resists, opposes, obstructs, prevents, impedes, or interferes with any animal control officer while that officer is engaged in the execution of any duties required of animal control under this subchapter shall be fined not more than $1,000 per occurrence.


      (C)  Conflicting ordinances. All other ordinances of the county that are in conflict with this subchapter are repealed to the extent of such conflict.


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      (D) Maximum fines. No fine for a single violation of the provisions of this subchapter shall exceed $2,500 pursuant to I.C. 36-1-3-8(10). The violator shall pay the levied fine through the Ordinance Violations Clerk. As to any person who violates any provision of this subchapter, or any person who, with knowledge of such violation, aids and abets such violation, the Board of Commissioners may elect, in lieu of the fines set forth above, but in addition to all other remedies set forth in this subchapter, to seek a fine for such violation in a court of competent jurisdiction to enforce the provisions of this subchapter. The county may also seek an injunction to enforce the provisions of this subchapter. In the event that the county seeks the enforcement of this subchapter by a court of competent jurisdiction, the county shall be entitled to its attorney fees, expenses, and costs, in addition to the amount of the fine.

(Ord. 2010-14, passed 6-15-1010)




2011 S-1


CHAPTER 95: FAIR HOUSING



Section

 

      95.01     Policy statement

      95.02     Definitions

      95.03     Unlawful practice; discrimination in the sale or rental of housing

      95.04     Discrimination in residential real estate-related transactions

      95.05     Discrimination in the provision of brokerage service

      95.06     Interference, coercion, or intimidation; prevention of intimidation in fair housing cases

      95.07     Equal access to housing in HUD programs

      95.08     Exemptions

      95.09     Administrative enforcement of chapter




§ 95.01 POLICY STATEMENT.


      It shall be the policy of the county to provide, within constitutional limitation, for fair housing throughout its corporate limits as provided for under the federal Civil Rights Act of 1968, as amended, the federal Housing and Community Development Act of 1974, as amended, and I.C. 22-9.5-1 et seq.

(Ord. 2013-4, passed 3-19-2013; 2013-13, passed 5-7-2013)



§ 95.02 DEFINITIONS.


      For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.


      DWELLING. Any building, structure, or part of a building or structure that is occupied as, or designed or intended for occupancy as, a residence by one or


more families; or any vacant land which is offered for sale or lease for the construction or location of a building, structure, or part of a building or structure that is occupied as, or designed or intended for occupancy as a residence by one or more families. (I.C. 22-9.5-2-8)


      FAMILY. Includes a single individual (I.C. 22-9.5-2-9), with the status of such family being further defined in the definition of familial status in this section.


      PERSON. (I.C. 22-9.5-2-11) Includes one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, non-incorporated organizations, trustees, trustees in cases under Title 11 of the United Stales Code, receivers, and fiduciaries.


      To RENT. (I.C. 22-9.5-2-13) Includes to lease, to sublease, to let and otherwise to grant for a consideration the rights to occupy the premises owned by the occupant.


      DISCRIMINATORY HOUSING PRACTICE. An act that is unlawful under §§ 95.03 through 95.07 of this chapter or I.C. 22-9.5-5.


      HANDICAP. With respect to a person:


             (1)  A physical or mental impairment which substantially limits one or more of such person's major life activities; or


             (2)  A record of having such an impairment; or


             (3)  Being regarded as having such an impairment; or


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             (4)  An impairment described or defined pursuant to the federal Americans with Disabilities Act of 1990; or


             (5)  Any other impairment defined under I.C. 22-9.5-2-10.


The term HANDICAP shall not include current illegal use of or addictions to a controlled substance as defined in Section 802 of Title 21 of the United States Code (I.C. 22-9.5-2-10(b)); nor does the term HANDICAP include an individual solely because that individual is a transvestite. (I.C. 22-9.5-2-l0(c))


      AN AGGRIEVED PERSON. Includes any person who (I.C. 22-9.5-2-2):


             (1)  Claims to have been injured by a discriminatory housing practice; or


             (2)  Believes that such person will be injured by a discriminatory housing practice that is about to occur.


      FAMILIAL STATUS. One or more individuals who have not attained the age of 18 years being domiciled with a parent or another person having legal custody of such individual or the written permission of such parent or other person. The protections afforded against discrimination on the basis of familial status shall apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of 18 years.


      COMMISSION. (I.C. 22-9.5-2-3) The state Civil Rights Commission created pursuant to I.C. 22-9-1-4 et seq.


      COMPLAINANT. (I.C. 22-9.5-2-4) A person, including the Commission, who files a complaint under I.C. 22-9.5-6.

(Ord. 2013-4, passed 3-19-2013; 2013-13, passed 5-7-2013)


§ 95.03 UNLAWFUL PRACTICE; DISCRIMINATION IN THE SALE OR RENTAL OF HOUSING.


      (A)  95.03 Unlawful practice. Subject to the provisions of subdivision (A)(2) of this section, § 95.08 of this chapter, and I.C. 22-9.5-3, the prohibitions against discrimination in the sale or rental of housing set forth I.C. 22-9.5-5-1 and division (B) of this section shall apply to:


             (1)  All dwellings except as exempted by subdivision (A)(2) of this section and I.C. 22-9.5-3.


             (2)  Other than the provisions of subdivision (A)(3) of this section, nothing in division (B) of this section shall apply to:


                   (a)  Any single-family house sold or rented by an owner where the private individual owner does not own more than three such single-family houses at any one time; provided that in the sale of such single-family house by a private individual owner not residing in the house at the time of sale, the exemption shall apply only to one such sale within any 24-month period. The private individual owner may not own any interest in, nor have owned or reserved on his behalf, title to or any right to all or a portion of the proceeds from the sale or rental of more than three such single-family houses at any one time. The sale or rental of any such single-family house shall be exempted from application of this section only if such house is sold or rented:


                          1.   Without the use in any manner of the sales or rental facilities or services of any real estate broker, agent, or salesman, or any person in the business of selling or renting dwellings, or of any employee or agent of any such broker, agent, or salesman or person; and


                          2.   Without the publication, posting, or mailing, after notice of advertisement or written notice in violation of subdivision (B)(3) of this section, but nothing in this provision shall prohibit the use of attorneys, escrow agents, abstracters, title companies, and other such professional assistance as necessary to perfect or transfer this title; or


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                   (B)  Rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his or her residence.


             (3)  For the purposes of subdivision (A)(2) of this section, a person shall be deemed to be in the business of selling or renting dwellings if:


                   (a)  They have, within the preceding 12 months, participated as principal in three or more transactions involving the sale or rental of any dwelling or any interest therein; or


                   (b)  They have, within the preceding 12 months, participated as agent, other than in the sale of his or her own personal residence, in providing sales or rental facilities or services in two or more transactions involving the sale or rental of any dwelling or any interest therein; or


                   (c)  They are the owner of any dwelling unit designed or intended for occupancy by, or occupied by, five or more families.


      (B)  Discrimination in the sale or rental of housing. As made applicable by division (A) of this section and except as exempted by subdivision (A)(2) of this section and § 95.08, it shall be unlawful:


             (1)  To refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, color, religion, sex, handicap, familial status, or national origin.


             (2)  To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling or in the provision of services of facilities in connection therewith, because of race, color, religion, sex, handicap, familial status, or national origin.


             (3)  To make, print, or publish, or cause to be made, printed, or published any notice, statement,


or advertisement with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, religion, sex, handicap, familial status, or national origin, or an intention to make any such preference, limitation, or discrimination.


             (4)  To represent to any person because of race, color, religion, sex, handicap, familial status, or national origin that any dwelling is not available for inspection, sale, or rental when such dwelling is in fact so available.


             (5)  For profit, to induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or perspective entry into the neighborhood of a person or persons of a particular race, color, religion, sex, handicap, familial status, or national origin.


             (6)  To discriminate in the sale or rental, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of a handicap of:


                   (a)  That buyer or renter;


                   (b)  A person residing in or intending to reside in that dwelling after it is so sold, rented, or made available; or


                   (c)  Any person associated with that person.


             (7)  To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection with such dwelling, because of a handicap of:


                   (a)  That person;


                   (b)  A person residing in or intending to reside in that dwelling after it is so sold, rented, or made available; or


                   (c)  any person associated with that person.


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             (8)  For purposes of this division, discrimination includes:


                   (a)  A refusal to permit, at the expense of the handicapped person, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises, except that, in the case of a rental, the landlord may where it is reasonable to do so condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before the modifications, reasonable wear and tear excepted;


                   (b)  A refusal to make reasonable accommodations in rules, policies, practices, or services when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling; or


                   (c)  In connection with the design and construction of covered multi-family dwellings for first occupancy after the date that is 30 months after September 13, 1998, a failure to design and construct those dwellings in such a manner that:


                          1.   The public use and common use portions of such dwellings are readily accessible to and usable by handicapped persons;


                          2.   All the doors designed to allow passage into and within all premises within such dwellings are sufficiently wide to allow passage by handicapped persons in wheelchairs; and


                          3.   All premises within such dwellings contain the following features of adaptive design:


                                 a.    An accessible route into and through the dwelling;


                                 b.   Light, switches, electrical outlets, thermostats, and other environmental controls in accessible locations;


                                 c.    Reinforcements in bathrooms such that an individual in a wheelchair can maneuver about the space.


             (9)  (a)  Compliance with the appropriate requirements of the Americans with Disabilities Act of 1990 and of the American National Standard for Buildings and Facilities providing accessibility an usability for physically handicapped people (commonly cited as “ANSI A117.1") suffices to satisfy the requirements of subdivision (B)(8)(c)3.c.


                   (b)  Nothing in this division requires that a dwelling be made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others.


                   (c)  This division does not prohibit discrimination against a person because the person has been convicted under federal law or the law of any state of the illegal manufacture or distribution of a controlled substance.

(Ord. 2013-4, passed 3-19-2013; 2013-13, passed 5-7-2013)



§ 95.04 DISCRIMINATION IN RESIDENTIAL REAL ESTATE-RELATED TRANSACTIONS.


      (A)  It shall be unlawful for any person or other entity whose business includes engaging in residential real estate-related transactions to discriminate against any person in making available such a transaction, or in the terms or conditions of such a transaction, because of race, color, religion, sex, handicap, familial status, or national origin.


      (B)  As used in this section, the term RESIDENTIAL REAL ESTATE-RELATED TRANSACTION means any of the following:


             (1)  The making or purchasing of loans or providing other financial assistance:


                   (a)  For purchasing, constructing, improving, repairing, or maintaining a dwelling; or


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Fair Housing39



                   (b)  Secured by residential real estate.


             (2)  The selling, brokering, or appraising of residential real property.



      (C)  Nothing in this chapter prohibits a person engaged in the business of furnishing appraisals of real property to take into consideration factors other than race, color, religion, national origin, sex, handicap, or familial status.

(Ord. 2013-4, passed 3-19-2013; 2013-13, passed 5-7-2013)



§ 95.05 DISCRIMINATION IN THE PROVISION OF BROKERAGE SERVICE.


      It shall be unlawful to deny any person access to or membership or participation in any multiple-listing service, real estate brokers' organization, or other service, organization, or facility relating to the business of selling or renting dwellings, or to discriminate against him or her in the terms or conditions of such access, membership, or participation, on account of race, color, religion, sex, handicap, familial status, or national origin.

(Ord. 2013-4, passed 3-19-2013; 2013-13, passed 5-7-2013)



§ 95.06 INTERFERENCE, COERCION, OR INTIMIDATION; PREVENTION OF INTIMIDATION IN FAIR HOUSING CASES.


      (A)  Interference, coercion, or intimidation. It shall be unlawful to coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of, or on account of his having exercised or enjoyed, or on account of his having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by §§ 95.03 through 95.05 of this chapter.


      (B)  Prevention of intimidation in fair housing cases. Whoever, whether or not acting under code or


law, by force or threat of force willfully injures, intimidates, or interferes with, or attempts to injure, intimidate, or interfere with:


             (1)  Any person because of his of her race, color, religion, sex, handicap, familial status, or national origin and because he or she is or has been selling, purchasing, renting, financing, occupying, or contracting or negotiating for the sale, purchase, rental, financing, or occupation of any dwelling, or applying for or participating in any service, organization, or facility relating to the business of selling or renting dwellings; or


             (2)  Any person because he or she is or has been, or in order to intimidate such person or any other person or any class of persons from:


                   (a)  Participating, without discrimination on account of race, color, religion, sex, handicap, familial status, or national origin, in any of the activities, services, organizations or facilities described in subdivision (B)(1) of this section; or


                   (b)  Affording another person or class of persons opportunity or protection so to participate; or


             (3)  Any citizen because he or she is or has been, or in order to discourage such citizen or any other citizen from lawfully aiding or encouraging other persons to participate, without discrimination on account of race, color, religion, sex, handicap, familial status, or national origin, in any of the activities, services, organizations or facilities described in subdivision (B)(1) of this section, or participating lawfully in speech or peaceful assembly opposing any denial of the opportunity to participate;


shall be fined according to local, state and federal law; and if bodily injury results shall be fined not more than $10,000 or imprisoned not more than ten years, or both; and if death results shall be subject to imprisonment for any term of years or for life.

(Ord. 2013-4, passed 3-19-2013; 2013-13, passed 5-7-2013)


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§ 95.07 EQUAL ACCESS TO HOUSING IN HUD PROGRAMS.


      Pursuant to Federal Register, Volume 77, Number 23, published on February 3, 2012, the definition of FAMILY is revised to include families regardless of the actual or perceived sexual orientation, gender identity, or marital status of its members.

(Ord. 2013-4, passed 3-19-2013; 2013-13, passed 5-7-2013)



§ 95.08 EXEMPTIONS.


      (A)  Exemptions defined or set forth under I.C. 22-9.5-3 et seq. shall be exempt from the provisions of this chapter to include those activities or organizations set forth under divisions (B) and (C) of this section.


      (B)  Nothing in this chapter shall prohibit a religious organization, association, or society, or any nonprofit institution or organization operated, supervised, or controlled by or in conjunction with a religious organization, association, or society, from limiting the sale, rental, or occupancy of dwellings which it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preference to such persons, unless membership in such religion is restricted on account of race, color, or national origin. Nor shall anything in this chapter prohibit a private club not in fact open to the public, which as an incident to its primary purpose or purposes provides lodgings which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of such lodging to its members or from giving preference to its members.


      (C)  Nothing in this chapter regarding familial status shall apply with respect to housing for older persons. As used in this Section, HOUSING FOR OLDER PERSONS means housing:


             (1)  Provided under any state or federal program that the secretary of the federal Department


of Housing and Urban Development or the state civil rights commission determines is specifically designed and operated to assist elderly persons (as defined in the state or federal program); or


             (2)  Intended for, and solely occupied by, person 62 years of age or older; or


             (3)  Intended and operated for occupancy by at least one person 55 years of age or older per unit.

(Ord. 2013-4, passed 3-19-2013; 2013-13, passed 5-7-2013)



§ 95.09 ADMINISTRATIVE ENFORCEMENT OF CHAPTER.


      (A)  The authority and responsibility for properly administering this chapter and referral of complaints hereunder to the Commissioner as set forth in division (B) hereof shall be vested in the chief elected official of the county.


      (B)  Notwithstanding the provisions of I.C. 22-9.5-4-8, the county, because of lack of financial and other resources necessary to fully administer enforcement proceedings and possible civil actions under this chapter, herein elects to refer all formal complaints of violation of the articles of this chapter by complainants to the state Civil Rights Commission for administrative enforcement actions pursuant to I.C. 22-9.5-6, and the chief elected official of the county shall refer all said complaints to the Commission as provided for under division (A) of this section to said Commission for purposes of investigation, resolution, and appropriate relief as provided for under I.C. 22-9.5-6.


      (C)  All executive departments and agencies of the county shall administer their departments, programs, and activities relating to housing and urban development in a manner affirmatively to further the purposes of this chapter and shall cooperate with the chief elected official and the Commission to further such purposes.


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      (D) The chief elected official of the county or the chief elected official's designee shall provide information on remedies available to any aggrieved person or complainant requesting such information.

(Ord. 2013-4, passed 3-19-2013; 2013-13, passed 5-7-2013)




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42                                             Jackson County - General Regulations