PROPOSED TRAFFIC RULES AND RIGHT OF WAY OBSTRUCTION AMENDMENT TO COUNTY ORDINANCE CHAPTER 70

PROPOSED TRAFFIC RULES AND RIGHT OF WAY OBSTRUCTION AMENDMENT TO COUNTY ORDINANCE CHAPTER 70

BOARD OF COMMISSIONERS DEARBORN COUNTY, INDIANA ORDINANCE 2023--_____

ORDINANCE TO AMEND CHAPTER 70 OF THE DEARBORN COUNTY, INDIANA CODE OF ORDINANCES

WHEREAS, Chapter 70 of the Dearborn County, Indiana Code of Ordinances establishes certain “Traffic Rules” for Dearborn County, Indiana;

WHEREAS, Indiana Code § 36-9-2-7 states that “A unit may regulate the use of public way.”;

WHEREAS, Indiana Code § 36-8-2-4 states that “A unit may regulate conduct, or use or possession of property, that might endanger the public health, safety, or welfare.”;

WHEREAS, Indiana Code § 36-2-18-1 states that “Each county highway department shall control detrimental plants (as defined in IC 15-16-8-1), and noxious weeds as required by law.” WHEREAS, obstructions on County roads and/or in County rights-of-way are a danger to the public health, safety, and welfare of Dearborn County citizens and may prohibit the Dearborn County Highway Department from performing its statutorily required duties; and

WHEREAS, the Dearborn County Board of Commissioners believe that § 70.05 and § 70.99 of the Dearborn County, Indiana Code of Ordinances should be amended to regulate obstructions on County roads and/or in County rights-of-way.

NOW, THEREFORE, BE IT ORDAINED by the Dearborn County Board of Commissioners that § 70.05 and § 70.99 of the Dearborn County, Indiana Code of Ordinances shall be amended to read as follows (removed language stricken; added language underlined):

TITLE VII: TRAFFIC CODE CHAPTER 70: TRAFFIC RULES

§ 70.05 PARKING OBSTRUCTIONS ON COUNTY ROAD RIGHTS-OF-WAY

(A) For the purposes of this section, OBSTRUCTION shall mean any waste which, if not properly disposed of, creates a danger to public health, safety, and/or welfare, impairs the ability of Dearborn County employees to perform their job functions, and/or impairs the environment of the people of the County.

OBSTRUCTION shall include, but is not limited to: vehicles, trailers, watercraft, garbage, trash, refuse, debris, brush, tree trimmings, grass clippings or other lawn or garden waste, paper products, glass, metal, plastic or paper containers, motor vehicle parts (including tires), furniture, posts, railroad ties, concrete blocks, brick/stone walls, carcasses of dead animals, or any other waste material of an unsightly, unsanitary, nauseous, dangerous, and/or offensive nature.

(A) No person, firm, corporation, or other legal entity in charge of or in control of or in ownership of any motor vehicle obstruction shall cause, allow, or permit said motor vehicle obstruction to be parked left on the trafficked portions of any county road rights-of-way for any length of time.

(B) No person, firm, corporation, or other legal entity in charge of or in control of or in ownership of any motor vehicle obstruction shall cause, allow, or permit said motor vehicle obstruction to block or restrict in any manner an access, driveway, easement, intersection, egress, ingress, sidewalk, or interfere with a county right-of-way, nor impede any government employee in the course of their regular duties, or cause, allow, or permit a hazardous condition to occur said obstruction to be left in the non-trafficked portions of the county rights-of-way for any length of time.

(C) Police, postal, fire, EMS, and other governmental employees are hereby exempt from this section when in the course of their regular duties.

§ 70.99 PENALTY

(A) No changes.

(B) No changes.

(C) No changes.

(D) Any person violating any portion of § 70.05 shall be guilty of an Class C infraction and shall be fined up to $500. Any person violating said section shall be fined no more than $25 and not less than $10. Any person found to have violated § 70.05  7 more than once in a calendar year shall be guilty of a Class B infraction and shall be fined up to $1,000.

(E) Any person violating any portion of § 70.04 and/or § 70.07 shall be guilty of a Class D infraction and shall be fined up to $25. Any person found to have violated any portion of § 70.04 and/or § 70.057 more than once in a calendar year shall be guilty of a Class C infraction and shall be fined up to $500.; and

(F) No changes. 

(G) No changes. 

ALL OF WHICH IS ORDAINED by the Board of Commissioners of Dearborn County, Indiana this the _____ day of _______________, 2023. BOARD OF COMMISSIONERS DEARBORN COUNTY, INDIANA ______________________________ ______________________________

JIM THATCHER, President

ART LITTLE, Member ______________________________

RICK PROBST, Member

ATTEST: ______________________________ CONNIE FROMHOLD

County Auditor This Ordinance prepared by: Andrew D. Baudendistel #28212-15, County Attorney, VOTAW & SCHWARZ, 60 East High Street, Lawrenceburg, Indiana 47025. Phone (812) 537-4500. Fax (812) 539-4500.