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ORDINANCE NO. 2007-08 AN ORDINANCE REGULATING ANIMALS IN THE TOWN OF WOLCOTT ARTICLE 1. DEFINITIONS. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: a) Abandoned animal. An animal whose owner has voluntarily relinquished possession of it with the intention of terminating his/her ownership, but without vesting possession in any other person. b) Animal. Any live vertebrate creature, domestic or wild. c) Animal control officer. Any person designated by the state or municipal government or a humane society as a law enforcement officer who is qualified to perform humane and animal control duties under the law. d) Animal shelter. Any facility operated by a humane society or municipal agency, or its authorized agents, for the purpose of impounding or caring for animals held under the authority of this chapter or state law. e) At Large. Off the premises of the owner, and not under the control of the owner or his agent either by leash, cord, chain or other device of actual physical restraint or under the control of and accompanying the owner or other person who has the ability to control the dog or cat by voice command. f) Dog or Cat or Animal. Includes both the male and female thereof. g) Humane Officer. Any person designated by the state, a municipal government, or a humane society as a law enforcement officer who is qualified to perform such duties under the laws of this state. h) Kennel. An establishment wherein any person engages in the business of boarding, breeding, buying, letting for hire, training for a fee or selling dogs and cats. An owner who harbors four or more animals on or within a residence lot and dwelling house shall be deemed to be operating a kennel for purposes of this chapter. i) Official warning. A written notice or warning device given to the owner of a dog, cat, or other animal by the Wolcott Town Marshal or other member of the Police Department, or any person designated by the state, a municipal government, or a humane society as a law enforcement officer who is qualified to perform such duties under the laws of this state. j) Owner. Any person owning, keeping or harboring one or more animals. An animal shall be deemed to be harbored if it is fed or sheltered for three consecutive days or more. k) Public nuisance. Any one or more of the following conditions: (1) Molests passersby or passing vehicles. (2) Attacks other animals. (3) Trespasses on private property or school grounds. (4) Is repeatedly at large. (5) Damages private or public property. (6) Barks, whines or howls in an excessive, continuous or untimely fashion so as to disturb the peace and quiet of the neighborhood. (7) Accumulation of animal excreta on the property of the owner, public or any other citizen so as to cause an obnoxious odor, create a situation which could draw or breed insects, attract vermin or cause a public health nuisance. l) Running in pack. Three or more dogs, cats or other animals at large together. m) Restraint. Any animal secured by a leash or lead, or under the control of a responsible person and obedient to that person's commands, or within the real property limits of its owner. n) Valid rabies vaccination. A certified inoculation for rabies administered by a licensed veterinarian or representative of an approved governmental agency within one year last past. o) Veterinary hospital. Any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis and treatment of diseases and injuries of animals. p) Vicious animal. Any animal that has been known to have bitten or otherwise physically molested without provocation a human being by displaying belligerent behavior, inflicting a personal injury, or an animal which promiscuously constitutes a physical threat to human beings or other animals. q) Wild animal. Any live monkey, raccoon, skunk, fox, poisonous snake, leopard, panther, tiger, lion, lynx, or any other warm-blooded animal which can normally be found in a wild state. ARTICLE 2 . PERMITTING OF DOGS AND CATS. 2.1 Any person owning, keeping, harboring or having custody of any dog or cat over six months of age within this town shall obtain a permit for such animal as provided in this section. A nonresident of the town keeping a dog or cat in the town temporarily for a period not to exceed 60 days is not required to obtain such a permit. 2.2 Written applications for permits shall be made to the clerk-treasurer within 30 days of obtaining a dog or cat for which a permit is required. The application shall include the name and address of the applicant, a description of the animal, the appropriate fee, and the current and valid rabies certificate issued by a licensed veterinarian or antirabies clinic. 2.3 If not revoked, permits shall be for a period of up to one year, ending each calendar year. Permit renewal applications shall be filed with the clerk-treasurer's office 30 days prior to and up to 60 days after the start of the calendar year. 2.4 A permit shall be issued after payment of the fee established by the town. A duplicate permit may be obtained upon payment of a replacement fee established by the town. A permit application, but no permit fee, shall be required for Seeing Eye dogs and governmental police dogs. 2.5 Upon acceptance of the permit application and fee, the clerk-treasurer's office shall issue a durable tag or identification collar stamped with an identifying number. Tags should be designed so that they may be conveniently fastened or riveted to the animal's harness or collar. Dogs and cats shall wear identification tags or collars at all times when off the premises of the owners. 2.6 The clerk-treasurer's office shall maintain a record of the identifying numbers of all tags issued and shall make this record available to the town or designee and the public. 2.7 No person may use any permit for any animal other than the animal for which it was issued. ARTICLE 3. IMPOUND AND VIOLATION NOTICE 3.1 It shall be the duty of the animal warden, any member of the Police Department, or town employees to apprehend and impound any dog, cat or any other animal or fowl found doing any of the following acts, except as herein provided: a) Running at large; b) Abandoned; c) Not confined; d) Frequent, habitual barking; e) Not registered, permitted and tagged; f) On a verified written complaint made to the animal warden or Wolcott Police Department of a violation of this chapter, in the discretion of any person authorized to give official warnings, an official warning may be given the owner of the dog, cat or other animal, in lieu of any other provision of this chapter; except, that not more than one official warning shall be given to any one owner concerning the same animal in a twelve-month period; g) On a second or subsequent verified complaint after official warning has been given of a violation of this chapter; h) On order of court following a conviction of any person for violating any provision of this chapter. 3.2 All dogs, cat, or other animals are impounded within the corporate limits of the town shall be held up to three days (72 hours). If the owner of impounded animal is identified, the owner or caretaker of said animal will be notified of impoundment, if possible. In the event that no owner or caretaker is known, no notice of any kind need be given. 3.3 Except if the impoundment is by reason of Section 5.g, in which event the days set forth therein shall control, the owner of any impounded dog, cat or other animal or fowl may reclaim immediately the dog, cat or other animal or fowl on the payment of the following fees and on fulfillment of the following obligations: a) If the dog, cat or other animal has been picked up or captured by a town employee, the Police Department, or other authorized agent of the town, the owner shall pay a redemption fee of thirty dollars ($30.00), except for the case in which the impounded animal is a female in heat that has not been restrained in accordance with Section 7, in which case the owner shall pay a redemption fee of forty-five dollars ($45.00). b) In addition to the payment required in this chapter, the town may charge a boarding fee not greater than the prevailing fees charged by the local veterinarians for each day or part thereof that the animal shall be impounded and an impoundment fee to help defray costs of handling and recordkeeping. 3.4 If the animal is not claimed by the third day, the White County Animal Warden shall be called and the animal shall be transferred to a facility designated by that agency. 3.5 Any dog, cat, or other animal impounded by the town, the owner will need to provide proof that immunization are up-to-date. If the owner cannot provide proof of current immunizations, the owner may take the animal, but he must return within 24 hours with certification from a veterinarian that the animal has been immunized. Failure to comply by these rules will cause the owner of the animal to be fined and/or cited into court. 3.6 A vicious animal shall, upon a judicial finding that the animal is a vicious animal within the definition of this chapter, be either removed from the urban setting or destroyed. 3.7 Whenever the animal warden or Police Department find any dog, cat, or other animals running in packs, vicious or in such condition as to be too dangerous to attempt to capture the animal, the animal warden or Police Department is authorized to dispose of the animal, where it may be found, by shooting it. ARTICLE 4. LIMITATION ON KEEPING CERTAIN ANIMALS. 4.1 It shall be unlawful for any person to keep or harbor for more than twenty-four (24) hours within the town any goats, sheep, swine or pigs, horses, mules, ponies, cattle, and other livestock or any wild animal within the town limits, except that this provision shall not apply to any animal brought into the town for the purpose of participating in any animal show or to animals in zoological parks, or to animals turned over to an animal humane association or to animals on bona fide farms. 4.2 No person shall keep or permit to be kept on his or her premises any wild or vicious animal for display or for exhibition purposes, whether gratuitously or for a fee. This section shall not be construed to apply to zoological parks, performing animal exhibitors or circuses. 4.3 No person shall keep or permit to be kept any wild animal as a pet. ARTICLE 5. RESTRAINT. 5.1 It is unlawful for any owner or keeper of any dog, cat or other animal or fowl to allow the dog, cat or other animal or fowl to leave the owner’s property to run at large within the town at any time. 5.2 No owner shall fail to exercise proper care and control of his animals to prevent them from becoming a public nuisance. 5.3 Every female dog or cat in season shall be confined in a building or secure enclosure in such a manner that such female dog or cat cannot come into contact with another animal except for planned breeding. 5.4 Every vicious animal, as determined by the town or designee, shall be confined by the owner within a building or secure enclosure and shall be securely muzzled or caged whenever off the premises of its owner. 5.5 It is unlawful to keep or harbor more than three dogs and/or three cats, but not to exceed four animals in total by any combination, beyond the age of weaning in any dwelling unit, structure or real property. ARTICLE 6. ANIMAL CARE; CRUELTY TO ANIMALS. 6.1 No owner shall fail to provide his animals with sufficient good and wholesome food and water, proper shelter and protection from the weather, veterinary care when needed to prevent suffering, and humane care and treatment. 6.2 No person shall beat, cruelly ill-treat, torment, overload, overwork or otherwise abuse an animal or cause, instigate or permit any dogfight, cockfight, bullfight or other combat between animals or between animals and humans. 6.3 It is unlawful for any owner of any dog, cat or other animal or fowl to abandon the same within the town. 6.4 No person shall expose any known poisonous substance, whether mixed with food or not, so that the substance shall be liable to be eaten by any animal in any place, whether public or private, within the town; provided, however, that it shall not be unlawful for a person to expose on his own property common rat poison mixed only with vegetable substances. 6.5 Any person who, as the operator of a motor vehicle, strikes a domestic animal shall stop at once and render such assistance as may be possible and shall immediately report such injury or death to the animal's owner if known or ascertained and located. If the owner cannot be ascertained and located, such operator shall at once report the accident to the appropriate law enforcement agency. ARTICLE 7. RABIES CONTROL. 7.1 It shall be unlawful for any person to own or harbor a dog or cat over the age of four months without a valid rabies vaccination. 7.2 Persons bringing dogs or cats into the area shall have readily available, as proof of vaccination, a valid rabies certificate issued and signed by a licensed veterinarian or issued by an approved governmental agency. Animals which do not qualify shall either be immediately removed from the area or be vaccinated by a licensed veterinarian. 7.3 Any animal: a) Having a valid rabies vaccination that bites a person shall be quarantined on the premises of its owner under supervision of the animal control officer or humane officer for ten (10) consecutive days thereafter following. The animal shall be securely confined and kept from contact with any other animal during quarantine. b) Not having a valid rabies vaccination that bites a person shall be immediately surrendered to and confined in an animal shelter or veterinary hospital for a period of ten (10) consecutive days, at the owner's expense, and for such additional period of time thereafter as the humane officer shall determine to be necessary or appropriate under the circumstances and findings. 7.4 The animal control officer or humane officer, at his discretion exercised reasonably, may require special confinement and order the animal surrendered to an animal shelter or veterinary hospital, and such confinement shall be at the owner's expense. 7.5 No person shall knowingly allow such confined animal to escape, or sell, give away or otherwise dispose of such animal before the expiration of the ten-day quarantine period. ARTICLE 8. REMOVAL OF ANIMAL WASTE. The owner of every animal shall be responsible for the removal of any excreta deposited by his animal on public walks, recreation areas and on such owner’s property and shall not permit defecation on private property other than such owner’s property. ARTICLE 9. PENALTIES. Any person violating any provision of this chapter shall be punished as provided in ordinance 2007-03. If any person shall be found guilty of violating article 7, his permit or license to own, keep or to have custody of animals shall be deemed automatically revoked and no new permit or license shall be issued for a period of two years and only after hearing and approval by the town or designee upon a determination that such person is not disposed to a repetition of such acts of cruelty. ARTICLE 10. ENFORCEMENT. 10.1The provisions of this chapter shall be enforced by those persons or agencies designated by municipal authority or by state law for such purposes. 10.2 It shall be the duty of the Town Marshal, during the months of April, May or June to examine all available public records to ascertain the names of all persons living in the town who own a dog or cat, to compare the records with those persons having dogs or cats permitted by the town, and to send an official warning to those persons known to have a dog or cat in violation of this chapter ARTICLE 11. OTHER ORDINANCES OR STATUTES: A) All ordinances or parts of ordinances inconsistent with this ordinance are hereby repealed to the extent of such inconsistency with this ordinance are hereby repealed to the extent of such inconsistency. Provided, however, that such repeal shall be only to the extent of such inconsistency, and in all other respects the ordinance or parts of ordinance are hereby ratified, re-established, and confirmed. ARTICLE 12. CONSTRUCTION OF CLAUSE HEADINGS. The clause headings appearing in this ordinance have been provided for convenience and reference, and do not purport and will not be deemed to define, limit, or extend the scope or intent of the clauses to which the headings pertain. ARTICLE 13. SEVERABILITY OF PROVISIONS. If any part of this ordinance is held to be invalid, such part will be deemed severable and its invalidity will have no effect upon the remaining provisions of this ordinance. ARTICLE 14. DURATION AND EFFECTIVE DATE. This ordinance shall be in full force and effect beginning July 1, 2007 from and after its passage by the Council of the Town of Wolcott, and publication according to the laws of the State of Indiana. Introduced and Filed on the 5th day of June , 2007. A motion to consider same on the First Reading or day of introduction was sustained by a vote of 4 in Favor and none Opposed, pursuant to Indiana Code 36-4-6-13). DULY PASSED AND ADOPTED this ­­­­­­­­­­­­­­­­­­­ 5th day of June , 2007 by the Council of the Town of Wolcott, White County, Indiana, having been passed by a vote 4 in Favor and none Opposed. AYE NAY Not in Attendance Robin D. Hensler, Council President Robin D. Hensler, Council President Marsha L. Mackey, Member Marsha L. Mackey, Member Danny L. Sheets, Member Danny L. Sheets, Member Jon H. Evans, Member Jon H. Evans Richard A. Lynn, Member Richard A. Lynn, Member ATTEST: Linda S. Bajzatt, IAMC, CMC Clerk-Treasurer

ORDINANCE NO. 2007 –07 AN ORDINANCE REGULATING ABANDONED VEHICLES, DEMOLITON DERBY CARS AND/OR ANY OTHER RACE CAR, AND JUNK VEHICLES ARTICLE I. DEFINITIONS. 1.1 The following terms, phrases, words and their derivations shall have the meaning given therein. When not inconsistent with the context, words used in the present tense include the future; words used in the plural number include the singular number. The word “shall” is always mandatory and not merely directory: A) Abandoned Vehicle. 1) A vehicle located on public property illegally; 2) A vehicle left on public property without being moved for three (3) days; 3) A vehicle located on pubic property in such a manner as to constitute a hazard or obstruction to the movement of pedestrian or vehicle traffic on a public right-of-way; 4) A vehicle from which the engine, transmission or differential has been removed or that is otherwise partially dismantled or inoperable and left on public property; 5) A vehicle that has remained on private property without the consent of the owner or person in control of the property for more than 48 hours; 6) A vehicle that has been removed by a towing service or the Town upon request of an officer enforcing a statute or ordinance other than this chapter, if the impounded vehicle is not claimed or redeemed by the owner or the owner’s agent within 20 days of the vehicle’s removal; and 7) A vehicle that is at least three (3) model years old, mechanically inoperable, and is left on private property continuously in a location visible from public property for more than 20 days. (IC 9-13-2-1) B) Automobile Scrap Yard. A business organized for the purpose of scrap metal processing, automobile wrecking, or operating a junkyard. ((C 9-13-2-9) C) Bureau. The Indiana Bureau of Motor Vehicles. (IC 9-13-2-16) D) Fiscal Body. The Council of the Town of Wolcott. E) Officer. The Town Marshal, his or her designee, or a member of the Wolcott Police Department. (IC 9-22-1-2) F) Owner. The last known record titleholder of a vehicle, according to the records of the State Bureau under IC 9-17. (IC9-13-2-121c). G) Parts. All components of a vehicle that, as assembled, do not constitute a complete vehicle. (IC 9-13-2-122). H) Private Property. All property other than public property. (IC 9-13-2-144). I) Towing Service. A business that engages in moving or removing disabled vehicles and, once removed, stores or impounds vehicles. (IC 9-13-2-179) J) Vehicle. An automobile, motorcycle, truck, trailer, semi-trailer, tractor, bus, school bus, recreational vehicle, or motorized bicycle. (IC 9-13-2-196(d)). ARTICLE II. REGULATION OF DEMOLITON DERBY CARS, JUNK CARS, ABANDONED VEHICLES, ETC. 2.1 ADOPTION OF INDIANA CODE 9-13-2 ET SEQ. AND 9-22-1 ET SEQ. This ordinance specifically adopts the provisions of the Indiana Code 9-13-2 e seq. and 9-22-1 et seq., a periodically amended. 2.2 RESPONSIBILITY OF OWNER. The person who owns an abandoned vehicle or parts is responsible for the abandonment and is liable for the entire costs incidental to the removal storage, and disposal of the vehicle or the parts under this chapter. (IC 9-22-1-4) 2.3 DEMOLITION DERBY CARS. Vehicles in an operable condition specifically adapted or constructed for exclusive operation on privately owned raceways, or parts thereof, shall not be stored on private or public property unless stored inside a closed structure out of public view. 2.4 JUNK CARS. It shall be unlawful for any person to park a motor vehicle without current license plates or in an inoperable condition on private or public property unless stored inside a closed structure out of public view. 3.0 VEHICLES IN POSSESSION OF PERSON OTHER THAN OWNER. A) When an officer discovers a vehicle in the possession of a person other than the person who owns the vehicle, and the person cannot establish the right to the possession of the vehicle, the vehicle shall be taken to and stored in a suitable place. The State Bureau of Motor Vehicles shall be notified within 72 hours of the location and description of the vehicle. Upon receipt of notification, the Bureau shall cause a search to be made to determine and notify the person who owns the vehicle. (IC 9-22-1-5 and 9-22-1-6) B) If the person who owns the vehicle cannot be determined by a search under subtitle 4.0 B, the Bureau shall declare the vehicle abandoned and provide for its disposal in accordance with this chapter. (IC 9-22-1-7) C) If the properly identified person who owns or holds a lien on a vehicle appears at the site of storage before disposal of the vehicle or parts and pays all costs incurred against the vehicle or parts at that time, the vehicle or parts shall be released. The release must state the name, signature, and address of the person who owns or holds a lien on the vehicle, a description of the vehicle or parts, costs, and date of release, and, if possible, a picture identification of that person who owns or holds a lien on the vehicle. A towing operator shall notify the Bureau of all releases under this section. (IC 9-22-1-8 and 9-22-1-9) 4.0 RENTAL PROPERTY. A) A person who finds a vehicle believed to be abandoned on the person’s rental property shall attach in a prominent place a notice tag containing the following information: 1. The date, time, name, and address of the person who owns the rental property, and a telephone number to contact for information. 2. That the vehicle is considered abandoned; 3. That the vehicle will be removed after 72 hours; 4. That the person who owns the vehicle will be held responsible for all costs incidental to the removal, storage, and disposal of the vehicle; and 5. That the person who owns the vehicle may avoid costs by removal of the vehicle or parts within 72 hours. (IC 9-22-1-15) B) If, after 72 hours, the person who owns a vehicle believed to be abandoned on rental property has not removed the vehicle from the rental property, the person who owns the rental property may have the vehicle towed from the rental property. The towing operator shall do the following: 1. Contact the Bureau of Motor Vehicles to obtain the name and address of the person who owns the vehicle; and 2. Deliver, by certified mail, a copy of the information contained in the notice required under division (B) of this section to the person who owns the vehicle. The notice required by this Division (C) (2) must be given not later than five (5) days after the vehicle is removed. (IC 9-22-1-16(a)) C) Notwithstanding Division (B) of this section, in an emergency situation, a vehicle may be removed immediately. As used in this section, EMERGENCY SITUATION means that the presence of the abandoned vehicle interferes physically with the conduct of normal business operations of the owner of the rental property or poses a threat to the safety or security of persons or property, or both. (IC 9-22-16(b)) D) A towing operator who tows a vehicle under Division (C) of this section shall give notice to the Town and Bureau of Motor Vehicles that the abandoned vehicle is in the possession of the towing operator. (IC 9-22-1-17) 5.0 REMOVAL OF ABANDONED VEHICLE AND/OR PARTS A) An officer who finds or is notified of a vehicle or parts believed to be abandoned shall attach in a prominent place a notice tag containing the following information: 1. The date, time, officer’s name, Wolcott Police Department, and address and telephone number to contact for information; 2. That the vehicle or parts are considered abandoned; 3. That the vehicle or parts will be removed after 72 hours; 4. That the person who owns the vehicle will be held responsible for all costs incidental to the removal, storage, and disposal of the vehicle; and 5. That the person who owns the vehicle may avoid costs by removal of the vehicle or parts within 72 hours. (IC 9-22-1-110 B) If a vehicle or a part tagged under Division (A) of this section is not removed within the 72-hour period, the officer shall prepare a written abandoned vehicle report of the vehicle or parts, including information on the condition of missing parts, and other facts that might substantiate the estimated market value of the vehicle or parts. Photographs shall be taken to describe the condition of the vehicle or parts. (IC 9-22-1-12) 6.0 DISPOSITION OF ABANDONED VEHICLES AND/OR PARTS VALUED OF $500.00 OR LESS. A) If in the opinion of the officer, the market value of an abandoned vehicle or parts determined under Division 4.0 B of this section is less than Five Hundred Dollars ($500), the officer shall immediately dispose of the vehicle to an automobile scrap yard. A copy of the abandoned vehicle report and photographs relating to the abandoned vehicle shall be forwarded to the State Bureau of Motor Vehicles. The Wolcott Police Department or Town Marshal shall retain the original records and photographs for at least two (2) years. (IC 9-22-1-13) B) If, in the opinion of the officer, the market value of the abandoned vehicle or parts determined under Division 4.0 B of this section is at least $500, the officer, before placing a notice tag on the vehicle or parts, shall make a reasonable effort to ascertain the person who owns the vehicle or parts or who may be in control of the vehicle or parts. After 72 hours, the officer shall require the vehicle or parts to be towed to a storage area. (IC 9-22-1-18) C) Upon complaint of a person who owns or controls private property that a vehicle has been left on the property for at least 48 hours without the consent of the person who owns or controls the property, an officer shall follow the procedures set forth in Divisions 3.0 –4.0 of this section. 7.0 DISPOSAL OF ABANDONED VEHICLES. A) Within 72 hours after removal of an abandoned vehicle to a storage area under Divisions 2.4, 3.0, or 4.0, the Wolcott Police Department, Town Marshal, or storage lot shall prepare and forward to the State Bureau of Motor Vehicles, an abandoned vehicle report containing a description of the vehicle, including the make, the model, the identification number, and the number of the license plate. The Town or storage lot shall request that the Bureau advise the Town or storage lot of the name and most recent mailing address of the person who owns or holds a lien on the vehicle. (IC 9-22-1-19) B) The Bureau shall dispose of the vehicle in accordance with IC 9-22-1-20. C) The Bureau or town shall further advise the person who owns or holds a lien on the vehicle that all costs incurred in removing and storing the vehicle or parts are the person’s legal responsibility. (IC 9-22-1-20) 7.1 TOWING CONTRACTS. To facilitate the removal of abandoned vehicles or parts, the Town may employ personnel; acquire equipment, property, and facilities; and enter into towing contracts for the removal, storage and disposition of abandoned vehicles and parts (IC 9-22-1-3). 7.2 .LIABILITY FOR LOSS OR DAMAGE. The following are not liable for loss or damage to a vehicle or parts occurring during the removal, storage, or disposition of a vehicle or parts under this chapter: A) A person who owns, leases, or occupies property from which an abandoned vehicle or parts are removed; B) The Town; C) A towing service; and D) An automobile scrap yard. (IC 9-22-1-32) 8.0 OTHER ORDINANCES OR STATUTES: A) All ordinances or parts of ordinances inconsistent with this ordinance are hereby repealed to the extent of such inconsistency. Provided, however, that such repeal shall be only to the extent of such inconsistency, and in all other respects the ordinance or parts of ordinance are hereby ratified, re-established, and confirmed. B) This ordinance shall not limit the authority of the Town of Wolcott from towing a vehicle prior to the seventy-two (72) hour period if authorized by another ordinance or statute. 8.1 CONSTRUCTION OF CLAUSE HEADINGS. The clause headings appearing in this ordinance have been provided for convenience and reference, and do not purport and will not be deemed to define, limit, or extend the scope or intent of the clauses to which the headings pertain. 8.2 SEVERABILITY OF PROVISIONS. If any part of this ordinance is held to be invalid, such part will be deemed severable and its invalidity will have no effect upon the remaining provisions of this ordinance. 8.3 DURATION AND EFFECTIVE DATE. This ordinance shall be in full force and effect beginning July 1, 2007 from and after its passage by the Council of the Town of Wolcott, and publication according to the laws of the State of Indiana. Introduced and Filed on the 15th day of May , 2007. A motion to consider same on the First Reading or day of introduction was sustained by a vote of 3 in Favor and 0 Opposed, pursuant to Indiana Code 36-4-6-13). DULY PASSED AND ADOPTED this ­­­­­­­­­­­­­­­­­­­ 15th day of May , 2007 by the Council of the Town of Wolcott, White County, Indiana, having been passed by a vote 3 in Favor and 0 Opposed. AYE NAY Not in Attendance Robin D. Hensler, Council President Robin D. Hensler, Council President Marsha L. Mackey, Member Marsha L. Mackey, Member Danny L. Sheets, Member Danny L. Sheets, Member Jon H. Evans, Member Jon H. Evans Richard A. Lynn, Member Richard A. Lynn, Member ATTEST: Linda S. Bajzatt, IAMC, CMC Clerk-Treasurer

ORDINANCE NO. 2007-06 AN ORDINANCE PROHIBITING THE FORMATION OF LITTER WITHIN THE TOWN LIMITS OF WOLCOTT ARTICLE 1. DEFINITIONS The following terms, phrases, words, and their derivations shall have the meaning given therein. When not inconsistent with the context, words used in the present tense include the future, words, used in the plural number include the singular number. The word “shall” is always mandatory and not merely directory: a) Aircraft. Any contrivance now know or hereafter invented, used or designed for navigation or for flight in the air and includes but is not limited to helicopters and lighter-than-air dirigibles and balloons. b) Authorized Private Receptacle. A litter storage and collection receptacle as required and authorized in this article. c) Commercial Handbill. Any newspaper or similar publication containing substantial amounts of matter advertising articles or things for sale or any businesses or services for profit which newspaper or similar publication is in normal course distributed without charge and without subscription therefore by the recipients, and included, but is not limited to, any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, booklet, paper or any other printed or otherwise reproduced original and copies of any matter or literature which: 1) Advertises for sale any merchandise, product, commodity or things; or 2) Directs attention to any business or mercantile or commercial establishment or activity for the purpose of either directly or indirectly promoting the interest thereof by sales; or 3) Directs attention to or advertises any meeting, theatrical performance, exhibition or event of any kind, for which an admission fee is charged for the purpose of profit; or 4) While containing reading matter other than advertising matter, is predominantly and essentially an advertisement and is distributed or circulated for advertising purpose or for private benefit and gain for any person so engaged as advertiser or distributor. d) Litter. Garbage, refuse and rubbish and all other waste material which, if thrown or deposited in a manner prohibited by this article, tends to create a danger to public health, safety and welfare or significantly reduces the aesthetic appearance of public or private property or the public right of way. e) Litter Receptacle. A dumpster, trash can, trash bin, garbage can or similar container in which litter is deposited for removal. f) Newspaper. Any newspaper of general circulation as defined by general law, any newspaper duly entered with the Post Office Department of the United States, in accordance with the federal statute or regulation, any newspaper filed and recorded with any recording officer as provided by general law and includes but is not limited to any newspaper, periodical or current magazine regularly published and sold to the public by subscription. g) Noncommercial Handbill. Any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper booklet or any other printed or otherwise reproduced original or copies of any matter of literature not included in the definitions of a commercial handbill. h) Park. A park, reservation, playground, recreation center or any other public area in the Town owned or used by the Town and devoted to recreation. i) Person. Any per, firm, partnership, association, corporation, company or organization of any kind. j) Private Premises. Any dwelling, house building, multi-family structure or other structure designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and includes but is not limited to any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house building or other structure. k) Public Place. Any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds and buildings. l) Refuse. All putrescible and non-putrescible solid wastes except body wastes, including garbage, rubbish, ashes, street cleanings, dead animals, abandoned, wrecked or junked vehicles or parts thereof and solid market and industrial wastes. m) Rubbish. Non-putrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cigarettes butts, cardboard, tin cans, yard clippings, leaves, metal, wood, glass, crockery, bedding and similar materials. n) Right of Way. The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel. o) Vehicle. Every device in, upon or by which any person or property is or may be transported or drawn upon a highway. ARTICLE II. LITTERING IN PUBLIC 2.1 LITTERING IN PUBLIC. No person shall throw or deposit litter in or upon any street, sidewalk or other public place including freshwater streams, lakes and ponds within the Town except in public receptacles, or in authorized private receptacles for refuse, recycling or yard waste collection or leaf service or other Town sponsored collection service. 2.2 PLACEMENT OF LITTER IN RECEPTACLES. Persons placing litter in public receptacles or in authorized private receptacles shall do so in such a manner as to prevent it from being carried, or deposited by the elements upon any street, sidewalk or other public place or upon private property. 2.3 DEPOSITING LITTER IN GUTTERS. No person shall sweep into or deposit in any gutter, street or other public place within the Town the accumulation of litter or yard waste from any public or private sidewalk or driveway or any building or lot. Persons owning or occupying property or places of business shall keep the sidewalk and parkway in front of their premises free of litter. 2.4 LITTER FROM VEHICLE. No person while a driver or passenger in a vehicle shall throw or deposit litter upon any street or other public place within the Town, or upon private property. 2.5 LITTERING IN PARKS. No person shall throw or deposit litter in any park within the Town except in public receptacles and in such manner that the litter will be prevented from being carried or deposited by the elements upon any part of the park or upon any street or other public place. Where public receptacles are not provided, all litter shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere as provided in this article or as prescribed by other sections of the Town’s codified ordinances. 2.6 DEPOSIT OF COMMERICAL HANDBILLS ON PUBLIC PROPERTY. No person shall throw or deposit any commercial or noncommercial handbill in or upon any sidewalk, street or other public places within the Town, nor shall any person hand out or distribute or sell any commercial handbill in any public place, but nothing in this section shall be deemed to prohibit any person from handing out or distributing on any sidewalk, street, or other public place within the Town, without charge to the receiver thereof, any commercial handbill to any person willing to accept it. 2.7 HANDBILLS: PLACING ON VEHICLES. No person shall throw or deposit any commercial or noncommercial handbill in or upon any vehicle, but it is not unlawful in any public place for a person to hand out or distribute without charge to the receiver thereof, a noncommercial handbill to any occupant of a vehicle who is willing to accept it. 2.8 HANDBILLS: DEPOSITED ON POSTED PROPERTY. No person shall throw, deposit or distribute any commercial or noncommercial handbill upon any private premises, if requested in writing by any one thereon not to do so, or if there is placed on the premises in a conspicuous position near the entrance thereof, a sign bearing the words, “No Trespassing,” “No Peddlers or Agents’” “No Advertisement” or any similar notice, indicating in any manner that the occupants of said premises do not desire to have their right of privacy disturbed, or to have any handbill left upon such premises. 2.9 DEPOSITING HANDBILL AT INHABITED PREMISES: MAIL AND NEWSPAPERS. No person shall throw, deposit or distribute any commercial or noncommercial handbill in or upon private premises which are inhabited unless the handbill is so placed or deposited as to secure or prevent the handbill from being blown or drifted about the premises or sidewalks, streets or other public places, and except that mailboxes may not be so used when so prohibited by federal postal law or regulations. The provisions of this section shall not apply to the distribution of mail by the United States nor of newspapers as defined by this article. 2.10 DROPPING LITTER FROM AIRCRAFT. No person in an aircraft shall throw out, drop or deposit within the Town any litter, handbill or any other object. 2.11 DEPOSIT OF LITTER ON OCCUPIED PRIVATE PROPERTY. No person shall throw or deposit litter on any occupied private property within the Town, whether owned by such person or not, except that the owner or person in control of private property may maintain authorized private receptacles or collection in such a manner that litter will be prevented from being carried or deposited by the elements upon any street, sidewalk, or other public place or upon any private property. 2.12 MAINTENANCE OF LITTER FREE PREMISES. The owner or person in control of any private property shall at all times maintain the premises free of litter; but this section shall not prohibit the storage or litter in authorized private receptacles for collection, or within any building when not in violation of any health, fire, building code or other regulation, order, ordinance or statute. 2.13 VACANT LOTS. No person shall throw or deposit litter on any open or vacant private property within the Town whether owned by such person or not. Vacant lots shall be kept free of litter at all times by the person responsible for the property. 2.14 BUSINESS ESTBLISHMENTS: RECEPTACLE. Every person owning, or managing, or having charge, control or occupancy of any real property in the town, who maintains a receptacle designated for their use shall dispose of refuse in such a way that said receptacle shall not overflow and the refuse so deposited shall not circulate freely in the environment. 2.15 RECEPTACLES: SANITARY CONDITIONS. Every person owning, or managing, or having charge, control or occupancy of real property in the Town who maintain litter receptacles shall maintain such containers and receptacles in good condition. No receptacle may have ragged or sharp edges or any other defect liable to hamper or injure the person depositing or collecting the contents thereof. The use of any chemical or industrial container as a waste receptacle shall be prohibited. 2.16 UNSIGHTLY PREMISES. Every person owning, or managing, or having charge, control or occupancy of any real property in the Town shall not allow any part of such property visible from the street of adjoining premises to become so unsightly or untidy as to substantially detract from the appearance of the immediate neighborhood or tend to threaten the safety and welfare of the immediate neighborhood. ARTICLE III. ABATEMENT 3.1 ABATEMENT. All persons, firms, or corporations owning, leasing or occupying buildings, grounds, or lots are hereby required to remove rubbish, trash, weeds, or other accumulation of filth or debris which constitutes a hazard to the public health, safety and welfare, from buildings, grounds, lots, contiguous sidewalks, streets and alleys. 3.2 NOTICE OF ABATEMENT: PROCEDURE. Any person, whether as principle, manager, agent or employee, of the owner, leasee or occupant of any building, grounds or lots who receive Notice to Abate from the Bureau of Ordinance Violation or its authorized and designated representative will have five working days from the receipt of the Notice to Abate to abate litter as described in this section. OTHER ORDINANCES OR STATUTES: A) All ordinances or parts of ordinances inconsistent with this ordinance are hereby repealed to the extent of such inconsistency. Provided, however, that such repeal shall be only to the extent of such inconsistency, and in all other respects the ordinance or parts of ordinance are hereby ratified, re-established, and confirmed. B) This ordinance shall not limit the authority of the Town of Wolcott from towing a vehicle prior to the seventy-two (72) hour period if authorized by another ordinance or statute. 3.3 CONSTRUCTION OF CLAUSE HEADINGS. The clause headings appearing in this ordinance have been provided for convenience and reference, and do not purport and will not be deemed to define, limit, or extend the scope or intent of the clauses to which the headings pertain. 3.4 SEVERABILITY OF PROVISIONS. If any part of this ordinance is held to be invalid, such part will be deemed severable and its invalidity will have no effect upon the remaining provisions of this ordinance. 3.5 DURATION AND EFFECTIVE DATE. This ordinance shall be in full force and effect beginning July 1, 2007 from and after its passage by the Council of the Town of Wolcott, and publication according to the laws of the State of Indiana. Introduced and Filed on the 15th day of May , 2007. A motion to consider same on the First Reading or day of introduction was sustained by a vote of 3 in Favor and 0 Opposed, pursuant to Indiana Code 36-4-6-13). DULY PASSED AND ADOPTED this ­­­­­­­­­­­­­­­­­­­ 15th day of May , 2007 by the Council of the Town of Wolcott, White County, Indiana, having been passed by a vote 3 in Favor and 0 Opposed. AYE NAY Not in Attendance Robin D. Hensler, Council President Robin D. Hensler, Council President Marsha L. Mackey, Member Marsha L. Mackey, Member Danny L. Sheets, Member Danny L. Sheets, Member Jon H. Evans, Member Jon H. Evans Richard A. Lynn, Member Richard A. Lynn, Member ATTEST: Linda S. Bajzatt, IAMC, CMC Clerk-Treasurer

ORDINANCE NO. 2007-05 AN ORDINANCE REGULATING THE PARKING OF VEHICLES WITHIN THE CORPORATE LIMITS OF THE TOWN OF WOLCOTT ARTICLE I: PARKING REGULATIONS 1.1 NO PARKING WHERE POSTED. No person shall stop, stand or park a vehicle upon the public streets of the town at any place where official signs or where appropriate devices, marks or painting, either upon the surface of the street or the curb immediately adjacent thereto, prohibit such acts. 1.2 LIMITED PARKING. No person shall stop, stand or park a vehicle upon the public streets of the Town where official signs are erected limiting the parking time thereon, for a period of time in excess of the time as designated by the official signs. 1.3 PARKING ENCROACHMENT ONTO STREET OR ALLEY. No person shall park any vehicle upon a street or in an alley in such a manner or under such conditions as to leave available less than ten feet of the width of the roadway for the free movement of vehicular traffic, nor shall any person stop, stand or park a vehicle within an alley in such a position as to block the driveway entrance to any abutting property. 1.4 DESIGNATION OF AREAS FOR ANGLE PARKING. (a) The town marshal shall determine upon what streets angle parking shall be permitted and shall mark or sign such streets, but such angle parking shall not be indicated upon any federal aid or state highway within the town unless the state highway department has determined by resolution or order, entered in its minutes, that the roadway is of sufficient width to permit angle parking without interfering with the free movement of traffic. (b) Angle parking shall not be indicated or permitted at any place where passing traffic would thereby be caused or required to drive upon the left side of the street. 1.5 MANNER OF PARKING IN ANGLE PARKING SPACE. Upon those streets which have been signed or marked by the town marshal for angle parking pursuant to section 1.4, no person shall park or stand a vehicle other than at the angle to the curb or edge of the roadway indicated by such signs or markings. The vehicle must enter the parking space with a forward movement. 1.6 DESIGNATION OF NO PARKING ZONES. (a) Where the town marshal has determined that a no parking zone should be created under standards and in accordance with the terms of this chapter, the no parking zone may be designated by painting the curb yellow or red. A yellow or red painted curb shall be considered the equivalent of a posted sign designating a no parking zone. (b) Any person parking a motor vehicle in a no parking zone either designated by a posted sign or by yellow or red painted curbs shall be liable for improper parking pursuant to the provisions of this chapter. 1.7 DRIVING OR PARKING ON SIDEWALK The driver of a vehicle shall not drive within any sidewalk area except to cross a permanent or temporary driveway. No vehicle shall be parked across a sidewalk or driveway blocking the safe passage of pedestrians. 1.8 PARKING IN GRASSY AREAS. No registered or unregistered vehicle shall be parked in grassy areas of front or side yards of private property where a driveway is not located for more than 12 hours at a time. 1.9 OTHER PARKING RESTRICTIONS. The Town Council may order the placing of signs, devices, marks or the painting of streets or curbs prohibiting or restricting the stopping, standing or parking of vehicles on any street where, in its opinion, the stopping or parking of vehicles would unduly interfere with the free movement of traffic thereon. The signs, devices, marks or painting shall be official signs, devices, marks or painting and no person shall stop, stand or park any vehicle in violation of the restrictions thereon or as indicted thereby. 2.0 PARKING FOR PERSONS WITH PHYSICAL DISABILITY. a) Definition. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning: PERSON WITH A PHYSICAL DISABILITY. Any person who has been issued a placard or special registration plate or decal for a motor vehicle by the State Bureau of Motor Vehicles under IC 9-14-5, 9-18-18, 9-18-22, or the law of another state. b) Parking Prohibited. It shall be unlawful for any person to park a motor vehicle, motorcycle, moped, bicycle or other vehicle of any nature, which does not have displayed a placard for a person with a physical disability issued under the laws of this state or the laws of another state, in a parking space reserved for a vehicle of a person with a physical disability. It shall be unlawful for a person to knowingly park in a parking space reserved for a person with a physical disability while displaying a placard to which neither the person nor the person’s passenger is entitled. c) Violation. If any vehicle is parked unlawfully in violation of any of the provisions of this section, and the identity of the driver cannot be determined, the owner or person in whose name the vehicle is registered shall be held, prima facie, responsible for the violation. d) Towing. In addition to any fines which may be given as a result of violations of this section, any vehicle which is parked in a manner in violation of this section may be towed to an area designated by the Town at the owner’s expense. The owner shall also be required to pay any and all storage fees resulting from this action. 3.0 PARKING RESTRICTIONS WITH SNOW ACCUMULATION. In order to keep certain critical thoroughfares clear and passable in order to preserve the security and safety of residents of the Town, the Town Council may designate certain streets as emergency snow routes. Such routes shall be identified by official signs designating such routes. No person shall stop, stand or park a vehicle upon any such identified street of the Town when snowfall exceeds two inches. Violations will result in vehicles being towed. 4.0 TRUCK PARKING REGULATIONS. a) It shall be unlawful for any tractor-trailer unit or truck tractor or trailer to stand or park on any street or thoroughfare in the residential sections of the Town for a period of time longer than is reasonably necessary to load or unload cargo. b) It shall be unlawful for any truck larger than a 3/4–ton capacity to park in a residential section of town for a period longer than 12 hours at a time. Parking a truck in front of one’s own house is excluded from this section. 5.0 VEHICLES LEAKING FLUIDS. No person shall stop, stand or park a vehicle upon the public streets, walks, or alleyways of the town if doing so results in dripping or leaking of any fluid such as, but not limited to, lubricant, fuel, coolant or pollutant, whether from the vehicle itself or from its cargo, onto the surface of any such street, walk or alley. 6.0 PENALTY. Any person, firm or corporation who violates any provision of this chapter for which another penalty is not specifically provided shall, upon condition, be subject to a fine not exceeding $100. A separate offense shall be deemed committed upon each day during which a violation occurs or continues. 7.0 OTHER ORDINANCES OR STATUTES: All ordinances or parts of ordinances inconsistent with this ordinance are hereby repealed to the extent of such inconsistency. Provided, however, that such repeal shall be only to the extent of such inconsistency, and in all other respects the ordinance or parts of ordinance are hereby ratified, re-established, and confirmed. 7.1 CONSTRUCTION OF CLAUSE HEADINGS. The clause headings appearing in this ordinance have been provided for convenience and reference, and do not purport and will not be deemed to define, limit, or extend the scope or intent of the clauses to which the headings pertain. 7.2 SEVERABILITY OF PROVISIONS. If any part of this ordinance is held to be invalid, such part will be deemed severable and its invalidity will have no effect upon the remaining provisions of this ordinance. 7.3 DURATION AND EFFECTIVE DATE. This ordinance shall be in full force and effect beginning July 1, 2007 from and after its passage by the Council of the Town of Wolcott, and publication according to the laws of the State of Indiana. . Introduced and Filed on the 15th day of May , 2007. A motion to consider same on the First Reading or day of introduction was sustained by a vote of 3 in Favor and 0 Opposed, pursuant to Indiana Code 36-4-6-13). DULY PASSED AND ADOPTED this ­­­­­­­­­­­­­­­­­­­ 15th day of May , 2007 by the Council of the Town of Wolcott, White County, Indiana, having been passed by a vote 3 in Favor and 0 Opposed. AYE NAY Not in Attendance Robin D. Hensler, Council President Robin D. Hensler, Council President Marsha L. Mackey, Member Marsha L. Mackey, Member Danny L. Sheets, Member Danny L. Sheets, Member Jon H. Evans, Member Jon H. Evans Richard A. Lynn, Member Richard A. Lynn, Member ATTEST: Linda S. Bajzatt, IAMC, CMC Clerk-Treasurer

ORDINANCE NO. 2007-03 AN ORDINANCE ESTABLISING THE TOWN OFWOLCOTT ORDINANCE VIOLATIONS BUREAU ARTICLE 1. ESTABLISHMENT There is hereby established the Town of Wolcott Ordinance Violations Bureau (“Bureau”) pursuant to Indiana Code 33-6-3-1 et seq., as amended. ARTICLE 2. VIOLATIONS CLERK DESIGNATED The Clerk-Treasurer of the Town of Wolcott shall be the administrator the Ordinance Violations Bureau. ARTICLE 3. ADMINISTRATION 3.1 The Clerk-Treasurer and his or her staff, as his or her agents, shall accept, no later than seven (7) days of the issuance of a complaint, the written appearances, waivers of trial, admissions of violations, and payment of civil penalties of not more than $250.00 in ordinance violation cases, subject to the schedule of civil penalties adopted in section 4 at the Clerk-Treasurer’s office during the hours specified on the complaint or summons issued under authority of this section. 3.2 Civil penalties shall be paid to, receipted, and accounted for by the Clerk under procedures provided for by the Indiana State Board of Accounts. Payment of civil penalties under this chapter may be made in person or by mail to the Violations Clerk. 3.3 A person charged with an ordinance or code violation under this chapter is entitled to a trial before court as provided by law, unless the person waives the right to trial and enters an admission of the violation with the Violations Clerk. Upon such an admission, no later than seven (7) days of the issuance of a complaint, the Violations Clerk shall assess and receive from the violator the amount prescribed by the schedule of civil penalties established and adopted under Section 3. 3.4 If a person charged with a violation under this chapter wants to exercise the right to trial, the person shall appear before the Violation Clerk no later than seven (7) days of the issuance of a complaint and deny the violation or enter a written denial with the Violations Clerk. 3.5 Any Wolcott police officer or other Wolcott official or employee authorized by a regulation of the Town or state law to issue complaints for violations of regulations may issue complaints to the Ordinance Violations Bureau. ARTICLE 4. SCHEDULE OF FINES Town of Wolcott regulations and Code of Ordinance provisions identified in the schedule in this section (each hereinafter referred to as “Bureau Ordinance”) shall be within the jurisdiction of the Bureau subject to the civil penalties listed to the right of each Bureau ordinance. For some Bureau ordinances, second and any additional violations, admissions or judgments of violations of that ordinance, occurring within 12 months of any other violation, admission or judgment of violation will be subject to a greater civil penalty. Where applicable those greater penalties for second and additional violations and admissions or judgments are listed to the right of the penalty that applies to the first violation, admission or judgment of violation. Ordinance or Code of Provisions Subject Civil Penalty Unlicensed pet; failure to vaccinate pet 30.00 Animal running at large; other actions constituting a nuisance 30.00/45.00 Keeping of prohibited animals 50.00 Transient merchant without license 30.00 False alarms (after two in any calendar year) 30.00 Maintenance of junk or abandoned motor vehicle 50.00 All violations of the building code resulting in a red tag 50.00 All parking violations not including below 30.00 Parking commercial vehicles in residential zones 30.00 Off-street parking and loading 30.00 Parking violations paid within 48 hours of issuance 15.00 After two days but not exceeding five days 20.00 After five days 25.00 After 30 days 50.00 Begin license suspension After three or more unpaid tickets Graffiti removal 30.00 Unlawful burning 50.00/100.00 Depositing waste - littering 30.00/60.00/250.00 Nuisance violations 30.00/60.00/250.00 ARTICLE 5. NONCOMPLIANCE; ENFORCEMENT 5.1 If a person upon whom a complaint and summons is issued pursuant to this section does not bring an admission of violation and payment of the civil penalty or if a complaint for a violation of a Bureau ordinance issued pursuant to this section is not properly responded to in writing within seven (7) days of the issuance of the complaint, the Bureau shall add a late charge of $5 per violation to the amount otherwise payable under Division 4. After 30 days of the issuance of the complaint, the Bureau shall not accept admission of a violation or payment of the civil penalty without the consent of the Town Council who may withhold that consent if the violation has been referred to legal counsel for judicial resolution. 5.2 Upon payment of any sum of money in to the Ordinance Violation Bureau, as provided by this section, the Clerk-Treasurer shall issue a receipt to the person so paying. The Clerk-Treasurer shall keep a record of all payments and shall account for all sums paid to the Bureau under this section as required by statute. The Clerk-Treasurer shall provide the town Council with a monthly report on the Bureau’s activities showing the total number of complaint and summons issued pursuant to this section during the proceeding monthly period, including their dates of issuance and the number of such cases referred to the town’s attorney, who has initiated an action to prosecute the ordinance violation. 5.3 If a person upon whom a complaint and summons is issued pursuant to this section fails to deny or admit a violation within 30 days, the town’s Ordinance Prosecutor may bring legal proceedings in a court of competent jurisdiction. Under such circumstances, if a judgment is rendered in favor of the town, court costs will be assessed in addition to any fine or other relief provided. 5.4 If a person upon whom a complaint and summons is issued pursuant to this section wants to challenge this ticket and assure that it will be kept under the jurisdiction of the Wolcott Ordinance Violation Bureau, he or she must go to the Clerk-Treasurer’s Office and expressly deny the violation or send a signed written statement indication of his or her denial to the Clerk-Treasurer within 30 days of the issuance of the complaint and summons. Under such circumstances, the town’s Ordinance Prosecutor will initiate legal proceedings in a court of competent jurisdiction for the alleged violation. 5.5 The identification of Section 4 of a Wolcott regulation or Code of Ordinance provision as a Bureau ordinance does not prelude the town from taking other legal action to enforce said ordinance or code provision, in lieu of issuing a complaint under the authority of this section seeking the civil penalty prescribed in this Division Section 4, if the Wolcott regulation or code provision provides for other enforcement options, including but not limited to injunctive relief and recovery of abatement costs or of damages. 5.6 If a person denies an ordinance or code violation as set out herein, or fails to pay and satisfy the civil penalty assessed by the Violations Clerk after having entered an admission of violation, or fails to deny or admit the violation of any of the provisions adopted by reference in Section 3, then the Violations Clerk shall report this fact to the Town Attorney, who may then initiate an action to prosecute the ordinance violation. (IC 33-6-3-1 et seq.) 6.0 OTHER ORDINANCES OR STATUTES: A) All ordinances or parts of ordinances inconsistent with this ordinance are hereby repealed to the extent of such inconsistency. Provided, however, that such repeal shall be only to the extent of such inconsistency, and in all other respects the ordinance or parts of ordinance are hereby ratified, re-established, and confirmed. 6.1 CONSTRUCTION OF CLAUSE HEADINGS. The clause headings appearing in this ordinance have been provided for convenience and reference, and do not purport and will not be deemed to define, limit, or extend the scope or intent of the clauses to which the headings pertain. 6.2 SEVERABILITY OF PROVISIONS. If any part of this ordinance is held to be invalid, such part will be deemed severable and its invalidity will have no effect upon the remaining provisions of this ordinance. 6.3 DURATION AND EFFECTIVE DATE. This ordinance shall be in full force and effect beginning July 1, 2007 from and after its passage by the Council of the Town of Wolcott, and publication according to the laws of the State of Indiana. Introduced and Filed on the 15th day of May , 2007. A motion to consider same on the First Reading or day of introduction was sustained by a vote of 3 in Favor and 0 Opposed, pursuant to Indiana Code 36-4-6-13). DULY PASSED AND ADOPTED this ­­­­­­­­­­­­­­­­­­­ 15th day of May , 2007 by the Council of the Town of Wolcott, White County, Indiana, having been passed by a vote 3 in Favor and 0 Opposed. AYE NAY Not in Attendance Robin D. Hensler, Council President Robin D. Hensler, Council President Marsha L. Mackey, Member Marsha L. Mackey, Member Danny L. Sheets, Member Danny L. Sheets, Member Jon H. Evans, Member Jon H. Evans Richard A. Lynn, Member Richard A. Lynn, Member ATTEST: Linda S. Bajzatt, IAMC, CMC Clerk-Treasurer

Ordinance No. 2007-02 AN ORDINANCE AMENDING RATES AND CHARGES FOR THE USE OF THE SEWAGE SYSTEM AND RELATED SERVICES OF THE TOWN OF WOLCOTT WHEREAS, the Town Council of the Town of Wolcott (“Town”) has previously adopted Ordinance No. 93-3, as amended by Ordinance No. 2000-06 (collectively, “Ordinance”) establishing the sewer rates and charges for the use and services rendered by the sewage works of the Town; and WHEREAS, the Town Council finds that the rates and charges established by the Ordinance are insufficient to enable the Town to properly operate its sewage works plant, service its bonds and finance additions and improvements to its sewage works system; and WHEREAS, the Town has caused a rate study to be competed by the firm of Therber & Brock, Indianapolis, Indiana, and based upon such rate study, the Town Council of the Town finds that certain rates and charges contained in the Ordinance should be increased; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WOLCOTT, INDIANA: Section 1. The following rates established in Exhibit A of the Ordinance are hereby amended and restated as follows: Metered Rates Based on Monthly Water Usage Treatment Rate Treatment Rate Per 1000 Gallons $ 6.18 Base Charge (in addition to treatment rate) Per Month Water Meter Size 5/8 inch meters $15.90 3/4 inch meters 21.94 1 inch meters 37.85 1 ¼ inch meters 59.65 1 ½ inch meters 86.12 2 inch meters 147.29 3 inch meters 337.10 4 inch meters 599.73 6 inch meters 1,344.27 CONNECTION CHARGES [1] 5/8 inch meters $1,125.00 [1] 3/4 inch meters [1] 1 inch meters [1] 1 ¼ inch meters [1] 1 ½ inch meters [1] 2 inch meters [1] 3 inch meters [1] 4 inch meters [1] [1] All connection charges will be made at he actual cost of making the connection – at a minimum of $1,125.00. Section 2. All other provision of all other rates and charges established by the Ordinance shall remain in full force and effect. Section 3. This ordinance shall be in full force and effect from and after its passage. Passed and adopted by the Town Council of the Town of Wolcott, Indiana on the 3rd day of April, 2007. TOWN COUNCIL, TOWN OF WOLCOTT, INDIANA /s/ Jon H. Evans Robin D. Hensler, Council President Jon H. Evans, Council Member /s/ Marsha L. Mackey Danny L. Sheets, Council Member Marsha L. Mackey, Council Member /s/ Richard A. Lynn Richard A. Lynn, Council Member ATTEST: /s/ Linda S. Bajzatt Linda S. Bajzatt, Clerk-Treasurer

PUBLIC HEALTH AND SAFETY ORDINANCE NO. 2006-­­­­­03 AMENDMENT TO ORDINANCE NO. 2004-05, ESTABLISHING RATES AND CHARGES FOR MUNICIPAL COLLECTION AND DISPOSAL FOR THE TOWN OF WOLCOTT, INDIANA WHEREAS, the Council of the Town of Wolcott, Indiana, has determined that a clean and well-maintained town is necessary for the safety and welfare of its citizens; and WHEREAS, the Council of the Town of Wolcott has become aware of residents leaving unsightly and odorous garbage and trash openly displayed in front yards more than one day before scheduled garbage and trash pick-ups; and WHEREAS, the Town of Wolcott is responsible to insure that garbage and trash from all property within the corporate limits of the Town of Wolcott, Indiana, are collected and removed according to this ordinance; and WHEREAS, to date, the cost for collection and removal of trash and refuse has been paid by a portion of regular tax levy on the property owners in the Town of Wolcott and by a portion paid by the resident and/or the property owners in the Town of Wolcott; and WHEREAS, after due consideration of the estimated cost for the provision of trash and refuse collection service within the Town of Wolcott, Indiana, the Council of the Town of Wolcott has determined that in the best interest of its citizens, it is necessary that the Council of the Town of Wolcott to adopt an ordinance increasing the fees and charges for the use of the trash and refuse collection service, and to set a schedule of when garbage and trash shall be set out for pick-up. NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Wolcott, White County, Indiana, as follows: SECTION I Trash Collection 1. The Town of Wolcott shall arrange for a company or companies to collect trash/refuse from the buildings and residences within the corporate limits of the town on a regular weekly basis, or at such other times as may be determined by the Council of the Town of Wolcott. The collection of trash/refuse within the corporate limits of the town shall be administered, operated, conducted and/or maintained by and through the town council and the terms of the provisions of this article. The town shall have the right, exercisable by its town council, to appoint or contract with one or more persons, exclusively, or concurrently with the activities of the town, to collect and/or dispose of refuse, garbage or rubbish. 2. Collection or disposal by unauthorized persons prohibited. No person or political subdivision shall collect, remove, cremate, dispose or otherwise deal in refuse within the corporate limits of the town unless expressly authorized to do so by the town council. 3. Transport of sanitary waste, garbage or other putrescible waste. No person or political subdivision shall transport any sanitary waste, garbage or putrescible solid and semisolid wastes over the public streets, highways or alleys of the town, except in packer type vehicles which are in proper working order. 4. Transport of nonputrescible waste. No person or political subdivision shall transport any nonputrescible solid or semisolid waste on the public streets, highways or alleys of the town in open trucks unless securely covered with a tarpaulin or other similar type covering from which no dust, odor or waste can escape. 5. Trash bag usage required. It shall be the duty of every person who is the owner or occupant of any premises within the corporate limits of the town to bag or bundle all residential garbage and trash. 6. Containers. Every person who is the owner or occupant of any premises within the corporate limits of the town is encouraged to provide a suitable and sufficient garbage container upon the premises. 7. Capacity of Containers. (a) Each garbage container shall be limited to a capacity of 96 gallons (toter). (b) Household trash or rubbish shall be contained in bags and placed in respective garbage containers. Garbage containers will not be emptied if contents are loose and unbagged. 8. Generally, garbage bags or receptacles required by this ordinance shall be placed within the front lot lines. All receptacles for garbage and trash shall be kept clean and in a sanitary condition. The container must have lids which fit tightly, and all containers must be kept closed at all times. 9. Storage of refuse; unlawful deposit or accumulation of refuse. (a) No person shall place within the town any refuse in any street, alley or other public place, or upon any private property, whether owned by such person or not, except in proper containers for collection or under express approval granted by the town council. No person shall throw or deposit any refuse in any stream or other body of water. (b) Any unauthorized accumulation of refuse on any premises is hereby declared to be a nuisance and is prohibited. (c) No person shall cast, place, sweep or deposit anywhere within the town any refuse in such a manner that it may be carried or deposited by the elements upon any street, sidewalk, alley, sewer, parkway or other public place, or into any occupied premises within the town. 10. Garbage and refuse accumulated by residents in buildings with three or fewer dwelling units and not collected in rear alleys shall be placed out for collection not earlier than 12:00 noon on the day preceding collection. Emptied receptacles and uncollected items shall be returned to the premises at the end of the day of collection. 11. All trash receptacles and items for pick-up (bagged trash or individual items) shall be put out for weekly pick-up at its normal pick-up site (street easement in front of property) not earlier than 12:00noon on the day preceding collection. Trash receptacles and left items shall be returned to the premises at the end of the day of collection. One warning of violation will be given in one calendar year, January through December. If a second notice of violation is issued within that calendar year, the resident will be fined $25.00 for this offense and for every violation thereafter within the calendar year. 12. Frequency of collection. (a) Residential premises with three or fewer dwelling units. Garbage and refuse accumulated by residential buildings with three or fewer dwelling units shall be collected once each week, except on designated holidays. (b) Apartments or multiple dwelling units. Where necessary to protect the public health, the town council shall have the authority to require that more frequent collections than once each week be made, or that additional one-cubic-yard containers be obtained. In such instance, or otherwise when reasonably required by the town council, the person owning or operating the apartment or multiple dwelling unit shall contract with a private collection service to meet the requirements of the town council. (c) Commercial premises. The town council may designate that a hotel, restaurant or other business or commercial institution shall enter into an agreement with a private collection company authorized to do business in the town, and in such instance the town shall not collect garbage and refuse from such person. 13. Limitation of quantity. (a) Residential premises. The town shall collect a reasonable accumulation of garbage and refuse of each family during a collection period for the standard charge. (b) Apartments or multiple dwelling units. The town may collect a reasonable accumulation of garbage and refuse of apartments or multiple dwelling units during the collection period at a fair charge based upon the number of apartments or multiple dwelling units. The town council shall have the authority either to refuse to collect unreasonable amounts or to make an additional charge for such amounts, as advised by the current contracted trash collector. (c) Commercial premises. The town council may designate that a hotel, restaurant or other business or commercial institution shall enter into an agreement with a private collection company authorized to do business in the town, and in such instance the town shall not collect garbage and refuse from such person. 14. Special refuse problems. (a) Contagious disease refuse. The removal of wearing apparel, bedding or other refuse from homes or other places where highly infectious or contagious diseases have prevailed shall be performed under supervision and direction of the county health officer. Such refuse shall not be placed in containers for regular collections. b) Inflammable or explosive refuse. Highly inflammable or explosive materials shall not be placed in containers for regular collection but shall be disposed of as directed by the town manager at the expense of the owner or possessor thereof. 15. Restriction of garbage receptacles to designated areas. Where any commercial, industrial or multi-family property has a specific area designated for the placement of garbage receptacles, by signage, enclosure, or other designation, all owners, operators and managers of the property and all garbage collection services, firms or other entities shall be required to keep the garbage receptacles and all garbage trash or refuse intended for placement in said garbage receptacles within the designated area. 16. Enforcement. (a) In the event garbage receptacles or garbage, trash or refuse are place outside the designated areas described in subsection (a), the owner, operator, manager and collection firm, company or other entity shall be liable, jointly and severally, for a violation of this ordinance and they, jointly and severally, shall be subject to one warning of violation in one calendar year, January through December. If a second notice of violation is issued within that calendar year, the resident will be fined $25.00 for this offense and for every violation thereafter within the calendar year. (b) In addition to and without limitation on the authority of the town to pursue collection of the fines set out above, in the event parties subject to this section fail to comply with the section, said failure to comply shall constitute a public nuisance and the town shall be authorized to pursue all lawful remedies for the abatement of said nuisance. SECTION II Rates and Charges 1. Fees. The owner and/or the occupant of each residence or residential unit or other non-family dwelling located within the Town of Wolcott which are currently being provided Trash Collection Service by the Town or its agent(s) shall continue to be provided Trash Collection Service by the Town or its agent(s) unless specified differently in the contractual agreement between the Town and its agent(s). Each single residential unit and other non-family dwelling shall be assessed a fee of $10.00 per month for years 2007 and 2008, beginning January 1 and ending December 31 of each respective year. Further, each single residential unit and other non-family dwelling shall be assessed a fee of $11.00 per month for year 2009, beginning January 1 and ending December 31 of that year. The fees for collection and disposal of garbage and refuse shall be determined by the town council. The fees imposed under this division shall be payable monthly, and shall be billed, whenever practical to do so, with the regular Water and Wastewater billing for water and other charges. 2. Billing. The fees imposed under this division shall be payable monthly, and shall be billed, whenever practical to do so, by the Town of Wolcott in the same manner as other utility rates and charges are collected 3. Liability for payment. The user charges imposed under this division shall be billed to the person who is billed for water service at the residence dwelling, apartment or commercial unit, unless by contract with the town another person assumes responsibility. If a tenant, occupant or other non-owner is billed, the owner shall be liable for the user charge if payment is not made by the tenant, occupant or other non-owner when the charge is due as required in this division. Such owner shall have the right to examine the town's collection records to ascertain whether such charges have been paid. 4. Delinquent accounts. (a) Fees levied pursuant to this division shall be due and payable on or before the due dates shown on the bills. Any fee not paid by the due date (approximately 15 days after the bill is rendered) shall be considered delinquent. Such delinquent fee, together with any applicable interest, shall be collectible as set forth in this section. Any delinquent or unpaid rates and charges may be assessed a 10% penalty and collected according to the provisions of Indiana Code as amended. (b) If provided by the state statutes, delinquent fees may be made a lien against the property served through certification to the auditor and the recorder of the county. (c) In addition to the remedies otherwise provided for in this section, the town shall have the right to bring a civil action to recover any delinquent fees, together with interest at the rate of eight percent per annum and a reasonable attorney's fee. It shall also have the right, if provided by the statutes of the state, to foreclose any lien established under the provisions of this section with recovery of the charge, interest of eight percent per annum and a reasonable attorney's fee. SECTION III Revenues 1. All revenues generated from the collection of fees for trash collection as provided above shall be paid in the Office of the Clerk-Treasurer of the Town of Wolcott. 2. Upon receipt of all such revenues, the Town Clerk-Treasurer shall deposit such revenues into the General Fund. 3. The Council of the Town of Wolcott shall utilize such revenues deposited in the General Fund in such manner and for such purposes and in the manner required for appropriation and expenditure of funds as provided by law. SECTION IV Effective Date This Amendment to Ordinance No. 2004-05 shall be in full force and effect as of January 1, 2007, upon final hearing according to law and passage by the Council of the Town of Wolcott, Indiana, as described in IC 5-3-1-4. The rates established herein shall remain in effect until amended or changed by the Council of the Town of Wolcott. This ordinance shall amend or revoke any previously adopted ordinances in conflict herewith. Passed and adopted by the common Council of the Town of Wolcott, White County, State of Indiana, this 6th day of November, 2006. YEA NAY /s/ Marsha L. Mackey Marsha L. Mackey, Council Member /s/ Danny L. Sheets Danny L. Sheets, Council Member Attest: /s/Linda S. Bajzatt, Clerk-Treasurer Linda S. Bajzatt, Clerk-Treasurer

MOTOR VEHICLES ORDINANCE NO. 2006-02 AN ORDINANCE MODIFYING AND ADJUSTING ESTABLISHED SPEED LIMITS WITHIN THE TOWN OF WOLCOTT, INDIANA WHEREAS, the Council of the Town of Wolcott is always concerned with the safety and well-being of all persons within the corporate limits of the Town of Wolcott, Indiana; and WHEREAS, a number of resident citizens have expressed concerns regarding current speed levels observed within the Town, expressing a belief that the safety of children and pedestrians is in jeopardy; and WHEREAS, after investigating the matter, consulting with Town officials and with leaders of other communities with similar status, the Council of the Town of Wolcott has determined that the reasonable and safe maximum speed for vehicles on streets in the Town of Wolcott should not exceed 25 miles per hour, and in the interest of the citizens of the Town of Wolcott the Council should adopt an ordinance modifying the existing speed limits within the Town; NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Wolcott, White County, Indiana, as follows: SECTION I (a) Unless otherwise posted, it shall be unlawful for any person or persons to drive or propel any motor or other vehicle over or upon the any roads or streets of the Town of Wolcott at a speed greater than 25 miles per hour. (b) Unless otherwise posted, it shall be unlawful for any person or persons to drive or propel any motor or other vehicle over or upon any alley of the Town of Wolcott at a speed greater than 15 miles per hour. (c) Notwithstanding subsections (a) and (b) hereof, it shall be unlawful for any person or persons to drive or propel any motor or other vehicle over or upon any alley, road, street, or highway within the Town of Wolcott at a speed in excess of the posted speed limits. (d) Notwithstanding the provisions hereof, the speed limits on US Highway 24 within the boundaries of the Town of Wolcott shall remain as established and posted by Indiana Department of Transportation. (e) Persons violating this section shall be subject to a civil fines and penalties for traveling in excess of posted limits (speeding) as established by Indiana Law. SECTION II Effective Date This Amendment to Ordinance No. 2006-02 shall be in full force and effect when, after adoption, notice of its adoption shall have been published in accordance with Indiana Law. Passed and adopted by the common Council of the Town of Wolcott, White County, State of Indiana, this 15th day of August, 2006. AYE NAY /s/ Robin D. Hensler Robin D. Hensler, Council President /s/ Marsha L. Mackey Marsha L. Mackey, Council Member /s/ Danny L. Sheets Danny L. Sheets, Council Member ATTEST: /s/ Linda S. Bajzatt Linda S. Bajzatt, IAMC, CMC Clerk-Treasurer Authority: IC 9-21-5-6

ORDINANCE NO. 2006-02 AN ORDINANCE TO RE-ESTABLISH A CUMULATIVE CAPITAL DEVELOPMENT FUND WHEREAS, IC 36-9-15-5 allows municipalities to establish a Cumulative Capital Development Fund; and WHEREAS, the Town of Wolcott had established in 1996 a Cumulative Capital Development Fund according to IC 36-9-15-5, which said fund was established to provide for the acquisition of a new fire truck and is still in existence; and WHEREAS, the Town of Wolcott adopted the maximum rate of levy allowed of .0500 per $100 Assessed Valuation, but due to property tax assessment, the maximum levy has been decreased to .0280; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN OF WOLCOTT: Section 1. That the Cumulative Capital Development Fund, established in 1996 to provide funds for the acquisition of a new fire truck, is still in existence. Section 2. That an ad volarem property tax levy is being re-established at the maximum rate and the revenues from the levy will be retained in the Town of Wolcott Cumulative Capital Development Fund Section 3. That the maximum rate of levy under Section 2 will not exceed .0500 per $100 Assessed Valuation for year 2007 and thereafter. Section 4. That the Town of Wolcott Cumulative Capital Development Fund is established until such time as the fund is rescinded. Section 5. That the funds accumulated in the Town of Wolcott Cumulative Capital Development Fund will continue to be used for the acquisition of a new fire truck. Section 6. Notwithstanding Section 5, funds accumulated in the Town of Wolcott Cumulative Capital Development Fund may be spent for purposes other than the purposes stated in Section 5 if the purpose is to protect the public heath, welfare or safety in an emergency situation which demands immediate action. Money may be spent under the authority of this section only after the Town Council President issues a declaration that the public health, welfare or safety is in immediate danger that requires the expenditure of money in the fund. Section 7. This re-establishment of an ad volarem property tax levy at the maximum rate takes effect upon approval of the Department of local Government Finance. PASSED AND ADOPTED by the Council of the Town of Wolcott, White County, Indiana, this 7th day of June, 2006. COUNCIL OF THE TOWN OF WOLCOTT Robin D. Hensler, Council President /s/ Marsha L. Mackey Marsha L. Mackey, Council Member ATTEST: /s/ Danny L. Sheets /s/ Linda S. Bajzatt Danny L. Sheets, Council Member Linda S. Bajzatt, CMC, Clerk-Treasurer

Ordinance No. 2006-04 An Ordinance to Increase the Number of Council Members and to Redistrict the Town for Election Purpose WHEREAS, the Town of Wolcott has been divided into districts for the purpose of conducting elections of Town officers, first by the Board of Commissioners of the County of White when the Town was incorporated, and subsequently by the legislative body of the Town; WHEREAS, the Town Council is the legislative body of the Town of Wolcott by the virtue of Indiana Code Section (I.C. 36-5-2-4.1); WHEREAS, the Council of the Town of Wolcott has, at a public meeting of the Council, provided an opportunity for all members of the Council and voters of the Town of Wolcott to comment and make suggestions concerning the division of the Town of Wolcott into legislative districts under this Ordinance; WHEREAS, in the latest General Election, a majority of registered voters residing within the corporate boundaries of the Town of Wolcott elected to increase the number of members serving on the Council from three to five, as provided by IC 3-10-9-4; and WHEREAS, the Council of the Town of Wolcott has determined that the legislative district boundaries should be removed. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE TOWN OF WOLCOTT, INDIANA: Section 1. The Council of the Town of Wolcott hereafter consists of five (5) at-large members. Section 2. All at-large Council members shall reside within the Town of Wolcott corporate boundaries. All five Council members shall be elected at-large by all registered voters residing within the corporate boundaries of the Town of Wolcott. Section 3. The Council of the Town of Wolcott has determined that the legislative body shall be elected by the voters of the whole town. Section 4. The members of the Council of the Town of Wolcott shall serve staggered terms of office as follows: (a) Three (3) at-large members of the legislative body are elected during a year that municipal elections are held under IC 3-10-6-5, specifically commencing 2007, and each four years thereafter; (b) Two (2) at-large members of the legislative body are elected during the year after the year described in subdivision (a) during the General Election that year. (c) The Council shall appoint qualified members to fill in a newly created or otherwise vacant council members’ seats and each appointee shall serve until the next election, and until his or her elected successor has qualified and taken office. The term of each elected member of the town legislative body shall be a period of four (4) year. No appointment shall exceed four (4) years. (d) The term of each town officer begins January 1 after the election. Section 5 The Clerk-Treasurer of the Town of Wolcott shall forward a signed copy of this Ordinance to the Clerk of the CircuitCourt ofWhite County and shall request the Clerk to include the copy of this Ordinance in the records of the White County Election Board. Passed and adopted by the Council of the Town of Wolcott, Indiana, on the 19th day of December, 2006. This Ordinance shall become effective January 1, 2007. WOLCOTT TOWN COUNCIL AYE NAY /s/ Robin D. Hensler ROBIN D. HENSLER, President ROBIN D. HENSLER, President /s/ Marsha L. Mackey MARSHA L. MACKEY, Member MARSHA L. MACKEY, Member /s/ Danny L. Sheets DANNY L. SHEETS DANNY L. SHEETS ATTEST: /s/ Linda S. Bajzatt LINDA S. BAJZATT, Clerk-Treasurer

ORDINANCE NO. 2006-01 AN ORDINANCE ESTABLISHNG A CAPITAL ASSET CAPITALIZATION POLICY ORDAINED BY THE COMMON COUNCIL OF THE TOWN OF WOLCOTT, INDIANA, THAT: WHEREAS, the Common Council is the governing body of the Town of Wolcott, White County, Indiana, an WHEREAS, the Common Council of the Town of Wolcott, Indiana so desires to establish a capitalization policy for the Town and its various Departments and Utilities (Enterprise Funds). NOW THEREFORE, BE IT ORDAINED by the governing body of the Town of Wolcott, White County, Indiana: SECTION 1. DEFINITIONS AND PROVISIONS For the purpose of this ordinance, the following definitions shall apply unless the context clearly indicates or requires a different meaning. “Tangible Assets” – Assets that can be observed by one or more of the physical senses. They may be seen and touched and, in some environments, heard and smelled. “Fixed Assets” – Tangible assets of a durable nature employed in the operating activities of the unit and that are relatively permanent and are needed for the production or sale of goods or services are termed property, plant and equipment or fixed assets. These assets are not held for sale in the ordinary course of business. This broad group is usually separated into classes according to the physical characteristics of the items (e.g., land, buildings, improvements other than buildings, machinery and equipment, furniture and fixtures.) “Capital Outlays” – Expenditures which benefit both the current and future fiscal periods. This includes costs of acquiring land or structures; construction or improvement of buildings, structures or other fixed assets; and equipment purchases having an appreciable and calculable period of usefulness. These are expenditures resulting in the acquisition of or addition to the government’s general capital assets. LAND This Town will capitalize all land purchases, regardless of cost. Exceptions to land capitalization are land purchased outright, as easements or rights-of-way for infrastructure. Examples of infrastructures are roads and streets, street lighting systems, bridges, overpasses, sidewalks, curbs, parking meters, street signs, viaducts, wharfs and storm water collection. Original cost of land will include the full value given to the seller, including relocation, legal services incidental to the purchase (including title work and opinion), appraisal and negotiation fees, surveying and costs for preparing the land for its intended purpose (including contractors and/or Town workers [salary and benefits]), such as demolishing buildings, excavating, clean-up, and/or inspection. A department will record donated land at fair market value on the date of transfer plus any associated costs. Purchases made using Federal or State funding will follow the source funding policies and above procedures. MACHINERY AND EQUIPMENT The definition of machinery and equipment is: an apparatus, tool or conglomeration of pieces to form a tool. The tool will stand alone and not become a part of a basic structure or building. This Town will capitalize and tag items with an individual value equal to or greater than $750. Machinery combined with other machinery to form one unit with a total value greater than the above mention limit will be one unit. Shipping charges, consultant fees and any other cost directly associated with the purchase, deliver or set-up (including contractors and/or Town workers [salary and benefits]), which makes such equipment operable for its intended purpose will be capitalized. Improvements or renovations to existing machinery and equipment will be capitalized only if the result of the change meets all of the following conditions: 1) total costs exceeds $750.00, 2) the useful life is extended two or more years, and 3) the total costs will be greater than the current book value and less than the fair market value. Examples include: a. A work truck being equipped with screens, lights or radios for use as a single unit throughout its life expectancy is considered one unit. b. If police cars are constantly changing light bars or radios to other vehicles, the Town will capitalize each piece of equipment separately, if it meets the required dollar amount. c. A department’s computer (CPU, monitor, keyboard and printer) is considered one unit. d. A department will record donated machinery and equipment at fair market value of the date of transfer with any associated costs. e. Purchases made using Federal or State funding will follow the source funding policies and above procedures. BUILDINGS A department will capitalize buildings at full cost with no subcategories for tracking the cost of attachments. Examples of attachments include roofs, heating, cooling, plumbing, lighting or sprinkler systems, or any part of the basic building. The department will include the cost of items designed or purchased exclusively for the building. A department’s new building will be capitalized only if it meets the following conditions: 1) the total cost exceeds $5,000, and 2) the useful life is grater than two years. A department improving or renovating an existing building will capitalize the cost only if the result meets all of the following conditions: 1) the total cost exceeds $5,000, 2) the useful life is extended two or more years, and 3) the total cost will be greater than the current book value and less than the fair market value. Capital building costs will include preparation of land for the buildings, architectural and engineering fees, bond issuance fees, interest cost (while under construction), accounting costs, if material and any costs directly attribute to the construction of a building. A department will record donated buildings at fair market value on the date of transfer and any associated costs. Purchases made using Federal or State funding will follow the source funding policies and above procedures. IMPROVEMENTS OTHER THAN BUILDINGS The definition of this group is improvements to land for better enjoyment, attached or not easily removed, and will have a life expectancy of greater than two years. Examples include walks, parking areas and drives, golf cart paths, fencing, retaining walls, pools, outside fountains, planters, underground sprinkler systems and other similar items. Improvements do not include roads, streets or assets that are of value only to the public. For example, Main Street is a public street with greatest value to the public. Roads or drives upon Town-owned land that provide support to the Town’s facilities are assets. A sidewalk down the road for public enjoyment is an infrastructure improvement and is not capitalized. However, sidewalks installed upon Town-owned land for use by the public and for the support of our facility are capital assets. This Town will capitalize new improvements other than buildings only if it meets the following conditions: 1) the total cost exceeds $5,000, and 2) the useful life is greater than two years. A department will capitalize improvements or renovations to existing improvements other than buildings only if the result meets the following conditions: 1) the total cost exceeds $5,000, 2) the useful life is extended two or more years, and 3) the total cost will be greater than the current book value and less than the fair market value. “Historical Cost” – The cash equivalent price exchanged for goods or services at the date of acquisition. Land, buildings, equipment and most inventories are common examples of items recognized under the historical cost attribute. “Enterprise Funds” – Those funds used to account for operations (a) that are financed and operated in a manner similar to private business enterprise – where the intent of the governing body is that the costs (expenses, including depreciation) of providing goods or services to the general public on a continuing basis be financed or recovered primarily through user charges; or (b) where the governing body has decided that periodic determination of revenues earned, expenses incurred, and/or net income s appropriate for capital maintenance, public policy, management control, accountability and other purposes. The enterprise funds of the Town of Wolcott, Indiana shall include the municipally-owned water and wastewater utilities. Operation of these utilities shall require enterprise fund accounting and reporting. SECTION 2. RECORDING AND ACCOUNTING The Town and its various departments shall classify capital expenditures as capital outlays within the fund from which the expenditure was made in accordance with the Chart of Accounts of the Cities and Towns Accounting manual. The cost of property, land and equipment includes all expenditures necessary to put the asset into position and ready for use. For purposes of recording fixed assets of the Town and its departments, the valuation of assets shall be based on historical cost or where the historical cost is indeterminable, by estimation for those assets in existence. The Town’s municipally-owned utilities shall record acquisition of Capital Assets in accordance with generally accepted accounting principles. When an asset is purchased for cash, the acquisition is simply recorded as the amount of cash paid, including all outlays relating to its purchase and preparation for intended use. Assets may be acquired under a number of other arrangements including: 1) Assets acquired for a lump-sum purchase price 2) Purchase on deferred payment contract 3) Acquisition under capital lease 4) Acquisition by exchange of non-monetary assets 5) Acquisition by issuance of securities 6) Acquisition by self-construction 7) Acquisition by donation or discovery Some of these arrangements present special problems relating to the cost to be recorded. For example, in utility accounting, interest during a period of construction has long been recognized as a part of the asset cost. Reference to an intermediate accounting manual will illustrate the recording of acquisition of assets under the aforementioned acquisition arrangements. For purposes of recording capital assets of the utilities, the valuation of assets shall be based on historical cost. In addition, an asset register (prescribed form 211) shall be maintained to provide a detailed record of the capital assets of the governmental unit. SECTION 3. SAFEGUARDING OF ASSETS Be it ordained that accounting controls be designed and implemented to provide reasonable assurances that: 1) Capital expenditures made by the Town, its various Departments and Utilities be in accordance with management’s authorization as documented in the minutes. 2) Transactions of the utilities are to be recorded as necessary to permit preparation of financial statements in conformity with generally accepted principles. 3) Adequate detail records are to be maintained to assure accountability for Town and Utilities owned assets. 4) Access to assets are to be permitted in accordance with management’s authorization. 5) The recorded accountability for assets are to be compared with the existing assets at least every two years and appropriate action be taken with respect to any difference. PASSED AND ORDAINED by the Common Council of the Town of Wolcott, White County, Indiana, this 31st day of January , 2006. AYE NAY /s/ Robin D. Hensler Robin D. Hensler, Council President /s/ Marsha L. Mackey Marsha L. Mackey, Council Member /s/ Danny L. Sheets Danny L. Sheets, Council Member ATTEST: /s/ Linda S. Bajzatt Linda S. Bajzatt, IAMC, CMC Clerk-Treasurer

PUBLIC HEALTH AND SAFETY ORDINANCE NO. 2004-­­­­­05 AMENDMENT TO ORDINANCE NO. 01-2002 ESTABLISHING RATES AND CHARGES FOR MUNICIPAL COLLECTION AND DISPOSAL FOR THE TOWN OF WOLCOTT, INDIANA WHEREAS, the Council of the Town of Wolcott, Indiana, has determined that a clean and well-maintained town is necessary for the safety and welfare of its citizens; and WHEREAS, the Council of the Town of Wolcott has become aware of residents leaving unsightly and odorous garbage and trash openly displayed in front yards more than one day before scheduled garbage and trash pick-ups; and WHEREAS, the Town of Wolcott is responsible to insure that all property within the corporate limits of the Town of Wolcott, Indiana, are collected and removed; and WHEREAS, to date, the cost for collection and removal of trash and refuse has been paid by a portion of regular tax levy on the property owners in the Town of Wolcott and by a portion paid by the resident and/or the property owners in the Town of Wolcott; and WHEREAS, after due consideration of the estimated cost for the provision of trash and refuse collection service within the Town of Wolcott, Indiana, the Council of the Town of Wolcott has determined that in the best interest of its citizens, it is necessary that the Council of the Town of Wolcott to adopt an ordinance increasing the fees and charges for the use of the trash and refuse collection service, and to set a schedule of when garbage and trash shall be set out for pick-up. NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Wolcott, White County, Indiana, as follows: SECTION I Trash Collection 1. The Town of Wolcott shall arrange for a company or companies to collect trash/refuse from the buildings and residences within the corporate limits of the town on a regular weekly basis, or at such other times as may be determined by the Council of the Town of Wolcott. The collection of trash/refuse within the corporate limits of the town shall be administered, operated, conducted and/or maintained by and through the town council and the terms of the provisions of this article. The town shall have the right, exercisable by its town council, to appoint or contract with one or more persons, exclusively, or concurrently with the activities of the town, to collect and/or dispose of refuse, garbage or rubbish. 2. Collection or disposal by unauthorized persons prohibited. No person or political subdivision shall collect, remove, cremate, dispose or otherwise deal in refuse within the corporate limits of the town unless expressly authorized to do so by the town council. 3. Transport of sanitary waste, garbage or other putrescible waste. No person or political subdivision shall transport any sanitary waste, garbage or putrescible solid and semisolid wastes over the public streets, highways or alleys of the town, except in packer type vehicles which are in proper working order. 4. Transport of nonputrescible waste. No person or political subdivision shall transport any nonputrescible solid or semisolid waste on the public streets, highways or alleys of the town in open trucks unless securely covered with a tarpaulin or other similar type covering from which no dust, odor or waste can escape. 5. Trash bag usage required. It shall be the duty of every person who is the owner or occupant of any premises within the corporate limits of the town to bag or bundle all residential garbage and trash. 6. Containers. Every person who is the owner or occupant of any premises within the corporate limits of the town is encouraged to provide a suitable and sufficient garbage container upon the premises. 7. Capacity of Containers. (a) Each garbage container shall be limited to a capacity of 96 gallons (toter). (b) Household trash or rubbish shall be contained in bags and placed in respective garbage containers. Garbage containers will not be emptied if contents are loose and unbagged. 8. Generally, garbage bags or receptacles required by this ordinance shall be placed within the front lot lines. All receptacles for garbage and trash shall be kept clean and in a sanitary condition. The container must have lids which fit tightly, and all containers must be kept closed at all times. 9. Storage of refuse; unlawful deposit or accumulation of refuse. (a) No person shall place within the town any refuse in any street, alley or other public place, or upon any private property, whether owned by such person or not, except in proper containers for collection or under express approval granted by the town council. No person shall throw or deposit any refuse in any stream or other body of water. (b) Any unauthorized accumulation of refuse on any premises is hereby declared to be a nuisance and is prohibited. (c) No person shall cast, place, sweep or deposit anywhere within the town any refuse in such a manner that it may be carried or deposited by the elements upon any street, sidewalk, alley, sewer, parkway or other public place, or into any occupied premises within the town. 10. Garbage and refuse accumulated by residents in buildings with three or fewer dwelling units and not collected in rear alleys shall be placed out for collection not earlier than 12:00 noon on the day preceding collection. Emptied receptacles and uncollected items shall be returned to the premises at the end of the day of collection. 11. All trash receptacles and items for pick-up (bagged trash or individual items) shall be put out for weekly pick-up at its normal pick-up site (street easement in front of property) not earlier than 12:00noon on the day preceding collection. Trash receptacles and left items shall be returned to the premises at the end of the day of collection. One warning of violation will be given in one calendar year, January through December. If a second notice of violation is issued within that calendar year, the resident will be fined $25.00 for this offense and for every violation thereafter within the calendar year. 12. Frequency of collection. (a) Residential premises with three or fewer dwelling units. Garbage and refuse accumulated by residential buildings with three or fewer dwelling units shall be collected once each week, except on designated holidays. (b) Apartments or multiple dwelling units. Where necessary to protect the public health, the town council shall have the authority to require that more frequent collections than once each week be made, or that additional one-cubic-yard containers be obtained. In such instance, or otherwise when reasonably required by the town council, the person owning or operating the apartment or multiple dwelling unit shall contract with a private collection service to meet the requirements of the town council. (c) Commercial premises. The town council may designate that a hotel, restaurant or other business or commercial institution shall enter into an agreement with a private collection company authorized to do business in the town, and in such instance the town shall not collect garbage and refuse from such person. 13. Limitation of quantity. (a) Residential premises. The town shall collect a reasonable accumulation of garbage and refuse of each family during a collection period for the standard charge. (b) Apartments or multiple dwelling units. The town may collect a reasonable accumulation of garbage and refuse of apartments or multiple dwelling units during the collection period at a fair charge based upon the number of apartments or multiple dwelling units. The town council shall have the authority either to refuse to collect unreasonable amounts or to make an additional charge for such amounts, as advised by the current contracted trash collector. (c) Commercial premises. The town council may designate that a hotel, restaurant or other business or commercial institution shall enter into an agreement with a private collection company authorized to do business in the town, and in such instance the town shall not collect garbage and refuse from such person. 14. Special refuse problems. (a) Contagious disease refuse. The removal of wearing apparel, bedding or other refuse from homes or other places where highly infectious or contagious diseases have prevailed shall be performed under supervision and direction of the county health officer. Such refuse shall not be placed in containers for regular collections. b) Inflammable or explosive refuse. Highly inflammable or explosive materials shall not be placed in containers for regular collection but shall be disposed of as directed by the town manager at the expense of the owner or possessor thereof. 15. Restriction of garbage receptacles to designated areas. Where any commercial, industrial or multi-family property has a specific area designated for the placement of garbage receptacles, by signage, enclosure, or other designation, all owners, operators and managers of the property and all garbage collection services, firms or other entities shall be required to keep the garbage receptacles and all garbage trash or refuse intended for placement in said garbage receptacles within the designated area. 16. Enforcement. (a) In the event garbage receptacles or garbage, trash or refuse are place outside the designated areas described in subsection (a), the owner, operator, manager and collection firm, company or other entity shall be liable, jointly and severally, for a violation of this ordinance and they, jointly and severally, shall be subject to one warning of violation in one calendar year, January through December. If a second notice of violation is issued within that calendar year, the resident will be fined $25.00 for this offense and for every violation thereafter within the calendar year. (b) In addition to and without limitation on the authority of the town to pursue collection of the fines set out above, in the event parties subject to this section fail to comply with the section, said failure to comply shall constitute a public nuisance and the town shall be authorized to pursue all lawful remedies for the abatement of said nuisance. SECTION II Rates and Charges 1. Fees. The owner and/or the occupant of each residence or residential unit or other non-family dwelling located within the Town of Wolcott which are currently being provided Trash Collection Service by the Town or its agent(s) shall continue to be provided Trash Collection Service by the Town or its agent(s) unless specified differently in the contractual agreement between the Town and its agent(s). Each single residential unit and other non-family dwelling shall be assessed a fee of $8.00 per month. The fees for collection and disposal of garbage and refuse shall be determined by the town council. The fees imposed under this division shall be payable monthly, and shall be billed, whenever practical to do so, with the regular Water and Wastewater billing for water and other charges. 2. Billing. The fees imposed under this division shall be payable monthly, and shall be billed, whenever practical to do so, by the Town of Wolcott in the same manner as other utility rates and charges are collected 3. Liability for payment. The user charges imposed under this division shall be billed to the person who is billed for water service at the residence dwelling, apartment or commercial unit, unless by contract with the town another person assumes responsibility. If a tenant, occupant or other non-owner is billed, the owner shall be liable for the user charge if payment is not made by the tenant, occupant or other non-owner when the charge is due as required in this division. Such owner shall have the right to examine the town's collection records to ascertain whether such charges have been paid. 4. Delinquent accounts. (a) Fees levied pursuant to this division shall be due and payable on or before the due dates shown on the bills. Any fee not paid by the due date (approximately 15 days after the bill is rendered) shall be considered delinquent. Such delinquent fee, together with any applicable interest, shall be collectible as set forth in this section. Any delinquent or unpaid rates and charges may be assessed a 10% penalty and collected according to the provisions of Indiana Code as amended. (b) If provided by the state statutes, delinquent fees may be made a lien against the property served through certification to the auditor and the recorder of the county. (c) In addition to the remedies otherwise provided for in this section, the town shall have the right to bring a civil action to recover any delinquent fees, together with interest at the rate of eight percent per annum and a reasonable attorney's fee. It shall also have the right, if provided by the statutes of the state, to foreclose any lien established under the provisions of this section with recovery of the charge, interest of eight percent per annum and a reasonable attorney's fee. SECTION III Revenues 1. All revenues generated from the collection of fees for trash collection as provided above shall be paid in the Office of the Clerk-Treasurer of the Town of Wolcott. 2. Upon receipt of all such revenues, the Town Clerk-Treasurer shall deposit such revenues into the General Fund. 3. The Council of the Town of Wolcott shall utilize such revenues deposited in the General Fund in such manner and for such purposes and in the manner required for appropriation and expenditure of funds as provided by law. SECTION IV Effective Date This Amendment to Ordinance No. 01-2002 shall be in full force and effect as of February 1, 2005, upon final hearing according to law and passage by the Council of the Town of Wolcott, Indiana, as described in IC 5-3-1-4. The rates established herein shall remain in effect until amended or changed by the Council of the Town of Wolcott. This ordinance shall amend or revoke any previously adopted ordinances in conflict herewith. Passed and adopted by the common Council of the Town of Wolcott, White County, State of Indiana, this 28th day of December , 2004. YEA NAY Robin D. Hensler Danny L. Sheets Attest: Linda S. Bajzatt, Clerk-Treasurer