NOTICE IS HEREBY GIVE THAT THE TOWN COUNCIL OF UTICA INDIANA ENACTED ORDINANCE 2016-08 (BELOW) ON MAY 10, 2016 TO BE EFFECTIVE AFTER THIS PUBLICATION: TOWN OF UTICA INDIANA ORDINANCE NO. 2016-08 AN ORDINANCE REQUIRING PERMITS FOR REGULATED TRUCKS AND ESTABLISHING NON-REVERTING FUND ("Street Maintenance Fund") WHEREAS, the Utica Town Council ("Council") is the legislative body of the Town pursuant to Indiana law. It also serves as Town fiscal body for the Town ("the Town"); WHEREAS, a need exists to provide for assistance to the Town when its streets, alleys and roads ("streets") may fall into disrepair, or are damaged when Tri-axle, heavy semi-tractor/trailer or other trucks use the streets for hauling of materials; WHEREAS, a need exists to provide for a permit and fee system that will aid in repair of the streets, and which will provide for related town satisfy services when needed; NOW THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF UTICA, INDIANA AS FOLLOWS: 1. The Council hereby established the following definitions: (a)"Council" refers to the Utica Town Council, Clark County, Indiana; (b)"Clerk-Treasurer" shall mean the Clerk-Treasurer of Utica, Indiana; (c)"Enforcement Officer" shall mean the Town Marshal of Utica and his deputies and any law enforcement officer in Indiana; (d)"Commercial Hauler" shall mean any entity, person, hauler, driver, business or group of persons (excluding public safety vehicles, firetrucks and trucks excepted in par 13 below) driving regulated trucks described herein conveying, delivering or seeking to drive, convey or deliver materials or items of any type upon streets in the Town of Utica, Indiana, as part of a business or other operation for profit; (e)"Town limits" means all streets within the boundaries of Utica Indiana as they exist on the date of passage hereof and as amended upon completion of Utica's 2016 annexation procedures. (f)"Regulated Truck" means (a) all tri-axle trucks and (b) trucks, with or without attached trailers having a total weight of 45,000 or more pounds; 2. No commercial hauler shall operate a regulated truck within Utica Town limits without first obtaining a permit to drive same upon the streets of Utica, Indiana pursuant to this Ordinance; 3. The Council shall charge annually a fee of Seven Hundred Fifty ($750.00) for each regulated truck permit. Permits shall be purchased annually from the office of the Clerk-Treasurer on or before January 5th of each year. For 2016, after this Ordinance becomes effective, the purchase deadline is June 1, 2016. The fee shall be $500.00 for the remainder of 2016. For larger commercial haulers using several trucks, there shall be an additional charge of $50.00 per additional truck in order to meet the requirements hereof (rates set out in this paragraph are referred to a "permit requirement date"); 4. Any enforcement officer identified above is authorized to issue a written ordinance Violation Citation to any person attempting to drive a regulated truck after the permit requirement date passes, without having a valid permit issued by the Clerk-Treasurer; 5. Upon the issuance of such Citation by any such enforcement officer, same shall be filed in the Clarksville Town Court, as the first preferred venue or, alternatively, in a Clark Circuit Court, as determined by the Town Attorney. Upon proving a violation of this Ordinance by a preponderance of the evidence, the violator shall be subject to a civil judgment of up to One Thousand Dollars ($1,000.00) for each violation proven, plus court costs. Additionally, upon such proof by a preponderance of the evidence, the Town shall be entitled to recover reasonable attorney's fees, as fixed and determined by the court, but not less than Two Hundred Fifty Dollars ($250.00). The Council, in each such case shall also be entitled to recover all case expenses and costs of litigation that have accrued in civilly prosecuting any violation of this Ordinance; 6. Upon stopping a truck for suspected weight violation of this Ordinance, the enforcement (if the stop relates to overweight provisions of this Ordinance) is authorized to require the driver of the stopped truck to follow the enforcement officer to a nearby truck scale in Clark County, Indiana to obtain an accurate weight of the truck stopped hereunder. A documented weight report shall be admissible in court to prove the weight of the truck at the time of the stop; 7. Each day any person, any group of persons or any business operates a vehicle without a permit required by this Ordinance and/or in violation of this Ordinance shall be considered a separate Violation hereof. Additionally, in cases of repeated violations the Town may institute litigation in equity or for damages in order to cease repetitive violations by a commercial hauler. If successful in such cases the Town may recover its costs and attorney fees incurred for such litigation; 8. Any operator, person, or group of persons who fails to obtain the permit required by this Ordinance on or before the due date in this Ordinance shall be assessed a late application fee of One Hundred Dollars ($100.00) per year; 9. All fees collected by virtue of this Ordinance shall be deposited in the "Utica Street Maintenance Fund" ("the Fund") established by this Ordinance; 10.The Fund shall be non-reverting in nature and all proceeds received by operation of this Ordinance shall be deposited therein. Expenditures from the Fund shall be determined, made and exclusively controlled by the Council. Expenditures from the Fund may be made, only after approval of the Council, for the following purposes: (a)For the operating expenses, including supplies, of the permit fee and recordkeeping system of the Clerk-Treasurer that is created in this Ordinance; (b)For expenses connected to the operations of any other Town services, as determined by the Council from time-to-time; (c)For such other expenses pertaining to the operations of public services of Utica, Indiana, or for the provision of professional services, or other services, provided to the Town or Town Council from time-to-time, as determined by the Council; (d)For such other public expenses as are deemed appropriate and necessary to the public interest by the Council; 11.The Clerk-Treasurer is hereby directed to maintain and manage accurate accounting information concerning the receipts, expenditures and balances of this fund; 12.No expenditures from this fund shall be made except in accord with this Ordinance; 13.All trucks belonging to, and titled in the name of, the Town of Utica, Indiana, Clark County government and all municipal cities and towns in Clark County, Indiana, are exempt from the provisions of this Ordinance; 14.The Street Department of the Town is directed to immediately post signage near the approaches to Utica Town boundaries to advise drivers of regulated trucks of the Hauling Permit required by this Ordinance and the effective date of June 1, 2016. 15.That the terms of this Ordinance shall become operative and in force after publication as required by law. THIS ORDINANCE UNANIMOUSLY APPROVED BY THE TOWN COUNCIL OF UTICA, INDIANA ON THE 10 DAY OF MAY, 2016 /s/Henry Dorman Member /s/Shelly Gaither Member /s/Martha Whetsell Member /s/Jimmy Carter Member /s/Steve Long Member ATTEST: /s/Patty Love Clerk Treasurer, Utica, Indiana Date: 5/10/16 hspaxlp
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