ORDINANCE N0. 2002-5

AN ORDINANCE ENACTING A CODE OF ORDINANCES FOR THE TOWN OF ALBANY REVISING, AMENDING, RESTATING, CODIFYING AND COMPILING CERTAIN EXISTING GENERAL ORDINANCES OF THE TOWN DEALING WITH SUBJECTS EMBRACED IN THE CODE OF ORDINANCES, AND DECLARING AN EMERGENCY.

RECITALS

WHEREAS, the present general and permanent ordinances of the political subdivision are inadequately arranged and classified; and

WHEREAS, the present general and permanent ordinances are insufficient in form and substance for the complete preservation of the public peace, health, safety and general welfare of the community and for the proper conduct of its affairs; and

WHEREAS, the State of Indiana has empowered and authorized the Town of Albany to revise, amend, restate, codify and compile any existing ordinances and new ordinances not heretofore adopted or published into one ordinance book form; and

WHEREAS, the Town Council of the Town of Albany has authorized a general compilation, revision and codification of the ordinances of the Town of a general and permanent nature and publication of such ordinances in a book form; and

WHEREAS, it is necessary to provide for the daily operation of the municipality and for the immediate preservation of the public peace, health, safety and general welfare of the community that this ordinance take effect upon passage.

IT IS THEREFORE ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF ALBANY:

Section 1. The general ordinances of the Town of Albany as revised, amended, restated, codified, and compiled in the book form are hereby adopted and shall constitute the “Code of Ordinances of the Town of Albany, Indiana.”

Section 2. Such Code of Ordinances as adopted in Section 1 shall consist of the following Titles:

Title I General Provisions

Title III Administration

Title V Public Works

Title VII Traffic Code

Title IX General Regulations

Title XI Business Regulations

Title XIII General Offenses

Title XV Land Usage

Special Ordinances

Section 3. All prior ordinances pertaining to the subject treated in such Code of Ordinances shall be deemed repealed from and after the effective date of this ordinance expect as they are included and reordained in whole or in part in such Code; provided, such repeal shall not affect any offense committed or penalty incurred or any right established prior to the effective date of this ordinance, nor shall such repeal affect the provisions of ordinances levying taxes, appropriating money, annexing or detaching territory, establishing franchises, or granting special rights to certain persons, authorizing public improvements, authorizing the issuance of bonds or borrowing of money, authorizing the purchase or sale of real or personal property, granting or accepting easements, plat or dedication of land to public use, vacating or setting the boundaries of streets or other public places; nor shall such repeal affect any other ordinance of a temporary or special nature or pertaining to subjects not contained in or covered by the Code.

Section 4. Such Code shall be deemed published as of the day of the adoption of this ordinance and the Clerk/Treasurer of the Town of Albany is hereby authorized and ordered to file a copy of such Code of Ordinances in their office.

Section 5. Such Code shall be in fall force and effect as provided in Section 6, and such Code shall be presumptive evidence in all courts and places of the ordinance and all provisions, sections, penalties and regulations therein contained and of the date of passage, and that the same is properly signed, attested, recorded, and approved and that any public hearings and notices thereof as required by law have been given.

Section 6. This ordinance shall take effect upon passage and adoption by the Town Council of the Town of Albany.

APPROVED by the Town Council of the Town of Albany on this 8th day of April, 2002.

Jim Miller /s/

Jim Miller, President

Ray Greer /s/

Ray Greer

Max DeVoe /s/

Max DeVoe

Pat O’Bryant /s/

Pat O’Bryant

Tom St. John /s/

Tom St. John

ATTEST:

Marita Fields /s/

Marita Fileds, Clerk-Treasurer