Current ordinances will be posted to this site once they have been adopted by the Town Council. Town of Santa Claus Codification of Ordinances through May 2009 can be viewed at the Indiana 15 Regional Planning Commission website at http://ind15rpc.org/.  Ordinances can also be viewed at Town Hall, 90 N. Holiday Blvd., Santa Claus, Indiana, during normal business hours, Monday through Friday 8:00 a.m. through 4:00 p.m. 

 

ORDINANCE 2011-01

AN ORDINANCE AMENDING SALARY ORDINANCE 2010-16

 

            WHEREAS, Ordinance 2010-16 fixes the salaries of elected officials and hourly wages of employees of the Town of Santa Claus, Indiana, effective January 1, 2011.

 

            WHEREAS, the Town Council of the Town of Santa Claus now finds that there needs to be an amendment to Ordinance 2010-16 to correct an error in the hourly rate for the Utility Administrative Assistant. 

 

            NOW, THEREFORE BE IT ORDAINED that Ordinance 2010-16 is hereby amended to show the maximum hourly rate for the Utility Administrative Assistant as $11.66 per hour.

 

            In all other respects Ordinance 2010-16 shall remain unchanged and in full force and effect as previously adopted.

 

            PASSED AND ADOPTED this 17th day of  January, 2011.

ORDINANCE 2011-02

AN ORDINANCE AMENDING CHAPTERS 10.04 AND 10.16OF THE MUNICIPAL CODE OF THE TOWN OF SANTA CLAUS, INDIANACONCERNING LATERAL INSPECTIONS; WATER AND WASTEWATER DEPOSITS, AND OTHER CHANGES TO UTILITY CODE SECTIONS

WHEREAS, Chapter 10.04 of the Municipal Code of the Town of Santa Claus governs the water utility of the Town and its policies and procedures; and,

WHEREAS, Chapter 10.16 of the Municipal Code of the Town of Santa Clausgoverns the wastewater utility of the Town and its policies and procedures; and,

WHEREAS, the Town Council of the Town of Santa Claus, Indiana determined that certain provisions of Chapters 10.04 and 10.16 require amendment;

NOW THEREFORE, BE IT ORDAINED, that Chapter 10.04 of the Municipal Code of the Town of Santa Claus, Indiana is hereby amended by deleting Section 10.04.130, and replacing said Section with the following amended Section 10.04.130:

“10.04.130 Water Deposit. ALL new customers, before receiving water service, shall tender the sum of One Hundred Dollars ($100.00) to the Clerk-Treasurer for deposit. If a residential customer is also the owner of the property at which service is provided, a letter verifying the customer’s credit worthiness may be presented from the customer’s previous water or sewer utility to the Clerk-Treasurer for consideration of acceptance in lieu of the deposit PRIOR to receiving service from the Town. All existing customers for any reason disconnected from the system, before being reconnected to the system shall tender to the Clerk-Treasurer the sum of One Hundred Dollars ($100.00) for deposit.

The deposit will be returned to a residential customer who is the owner of the property at which service is provided upon the customer’s request at the earlier of such time when twelve (12) consecutive monthly payments have been made in full by the monthly due date, or when said residential customer vacates the premises with all other obligations to the Town being satisfied. The deposit will be returned to a commercial, industrial or other nonresidential customer who is the owner of the property at which service is provided upon the customer’s request at the earlier of such time when sixty (60) consecutive monthly payments have been made in full by the monthly due date, or when said customer vacates the premises with all other obligations to the Town being satisfied. The deposit will be returned to a renter only when such customer vacates the property with all other obligations to the Town being satisfied.

If any customer vacates a premises with an outstanding bill or accrued charge for water, wastewater or other service, the Town will apply the deposit to the outstanding bill, charge or obligation, with such deposit being applied first to any unpaid water bill or accrued charge, second to any unpaid wastewater bill or accrued charge, and then to any other bill, fine or other accrued charge or obligation, and the balance shall be returned to the customer.

Any interest accrued upon such deposit shall be retained by the Town, regardless of the time period such deposit is retained by the Town.

No customer shall be permitted to connect or reconnect service to a property unless and until all outstanding bills for water, wastewater or other services, or other obligations to the Town, including any and all accrued late charges, fines, penalties, attorneys’ fees, lien costs and other expenses, which are due from the customer are paid and satisfied.”

BE IT FURTHER ORDAINED that Chapter 10.08 of the Municipal Code of the Town of Santa Claus, Indiana is hereby repealed.

BE IT FURTHER ORDAINED that Chapter 10.16 of the Municipal Code of the Townof Santa Claus, Indiana is hereby amended by deleting Section 10.16.111(1), and replacing said Section with the following amended Section 10.04.111(1):

“10.16.111 Rates and Charges for Sewage Service.

(1) Deposits. ALL new customers, before receiving sewer service, shall tender the sum of One Hundred Dollars ($100.00) to the Clerk-Treasurer for deposit. If a residential customer is also the owner of the property at which service is provided, a letter verifying the customer’s credit worthiness may be presented from the customer’s previous water or sewer utility to the Clerk-Treasurer for consideration of acceptance in lieu of the deposit PRIOR to receiving service from the Town. All existing customers for any reason disconnected from the system, before being reconnected to the system shall tender to the Clerk-Treasurer the sum of One Hundred Dollars ($100.00) for deposit.

The deposit will be returned to a residential customer who is the owner of the property at which service is provided upon the customer’s request at the earlier of such time when twelve (12) consecutive monthly payments have been made in full by the monthly due date, or when said residential customer vacates the premises with all other obligations to the Town being satisfied. The deposit will be returned to a commercial, industrial or other nonresidential customer who is the owner of the property at which service is provided upon the customer’s request at the earlier of such time when sixty (60) consecutive monthly payments have been made in full by the monthly due date, or when said customer vacates the premises with all other obligations to the Town being satisfied. The deposit will be returned to a renter only when such customer vacates the property with all other obligations to the Town being satisfied.

If any customer vacates or sells a premises with an outstanding bill or accrued charge for water, wastewater or other service, the Town will apply the deposit to the outstanding bill, charge or obligation, with such deposit being applied first to any unpaid sewer bill or accrued charge, second to any unpaid water bill or accrued charge, and then to any other bill, fine or other accrued charge or obligation, and the balance shall be returned to the customer.

Any interest accrued upon such deposit shall be retained by the Town, regardless of the time period such deposit is retained by the Town.

No customer shall be permitted to connect or reconnect service to a property unless and until all outstanding bills for water, wastewater or other services, or other obligations to the Town, including any and all accrued late charges, fines, penalties, attorneys’ fees, lien costs and other expenses, which are due from the customer are paid and satisfied. Any person requesting the Town to provide sewer services to a location outside of the Town’s corporate limits, shall pay a nonrefundable application fee of $100.00 accompanied by a completed and properly executed Application form and Agreement provided by the Town Utility Department. There shall be only one $100.00 fee charge per Application even if the Application includes a request for sewer and water service.”

BE IT FURTHER ORDAINED that Chapter 10.16 of the Municipal Code of the Town

of Santa Claus, Indiana is hereby amended by adding a new Section 10.16.111(4), as follows:

”10.16.111

(4) Miscellaneous Charges

A. Disconnect/Reconnect Charge. In addition to any and all unpaid charges for wastewater, a disconnect/reconnect charge in the amount of forty dollars ($40.00) shall be paid to the Town prior to resumption of service at and through any meter at which wastewater service previously was provided which has been disconnected at such location for any reason if such disconnection and reconnection is performed during the Town’s regular business hours. If such disconnection or reconnection is performed outside normal business hours, a disconnect/reconnect charge in the amount of eighty dollars ($80.00) shall be paid to the Town prior to resumption of service. No person shall turn on, turn off, adjust, bypass or otherwise tamper with the meters and valves owned by the Town, except with the express permission of the Town’s Utilities Superintendent allowing such action. Any such action without permission may result in disconnection of service, a disconnect/reconnect charge and penalty charge in the amount of one hundred dollars ($100.00) which shall be paid prior to reconnection of service.

B. Bad Check/ACH Fee. If any payment to the Town is stopped, returned, rejected, reversed, recalled or otherwise debited from the Town’s accounts following acceptance by the Town, in addition to any other fees or charges imposed by this Chapter the customer shall pay to the Town any and all charges imposed by the Town’s financial institution for such action and an administrative fee of twenty dollars ($20.00).

C. Special Meter Reading Fee. If any customer requests a special meter reading at any time other than on the Town’s normal schedule for such readings, a fee of fifteen dollars ($15.00) shall be paid by such customer prior to the Town’s performance of such special reading.

D. Equipment Rental. Charges for the use of Town equipment shall be pursuant to charges and procedures established by the Utility Superintendent, at any time and from time to time.”

BE IT FURTHER ORDAINED that Chapter 10.16 of the Municipal Code of the Town of Santa Claus, Indiana is hereby amended by adding a new Section 10.16.018, as follows:

“10.16.018. Lateral Inspection and Repair Requirements.

a. Property Owner’s Responsibility for Laterals. It shall be the responsibility of the property owner to perform all required maintenance and to keep all private lateral located upon private property and in public easements to and including the point or “tap” where such lateral connect to the Town’s wastewater collection system in good condition, as defined by this chapter. For the purpose of this requirement any sewer lateral on private property shall be considered as a lateral and is to be connected to the City's sewer main, excepting only approved private septic systems.

b. Condition of Laterals. Any and all laterals must be maintained to meet the following minimum requirements:

i. All laterals shall be kept free from roots, grease deposits, and other solids which may impede the flow or obstruct the transmission of waste.

ii. All joints on laterals and connecting laterals to mains shall be sufficiently tight to prevent inflow and infiltration of groundwater, or exfiltration of wastewater

iii. The sanitary sewer lateral pipes shall be free of any structural defects, cracks, breaks, or missing portions, root intrusion, displaced joints, deterioration or other condition which, in the opinion of the Superintendent, is reasonably likely to allow inflow and infiltration of groundwater, or exfiltration of wastewater, and the grade shall be uniform without sags, offsets, or other conditions which substantially increase the chance for lateral blockage.

iv. The sanitary sewer lateral shall have a two (2) way cleanout located within thirty (30) inches of the exterior of the building, and in such other locations as may be required by the Indiana Plumbing Code. All cleanouts shall be securely capped with a proper cap at all times, and vented cleanouts shall by of sufficient height above grade to prevent inflow and infiltration of groundwater into such cleanout.

b. Inspection Requirement. Property owners shall have inspected, and provide the Town a report of the results of an inspection of the entire length of the laterals on their property from the cleanout required by this section to the tap where the lateral connects to the Town’s wastewater collection system, upon any and each of the following events, unless the Town has issued a Certificate of Inspection within the last ten (10) years prior to such event:

i. When building a new structure on property with an existing lateral, or when otherwise making a new connection to an existing lateral; ii. Upon conducting any repair, remodeling or other modification of a structure that requires issuance of a building permit or improvement location permit;

iii. Prior to the conveyance or transfer of any property upon which a lateral is located by deed, affidavit, or other instrument;

iv. On any occasion in which sewage or other overflow from the property has reached public property or the property of any other person;

v. Whenever the Town finds that sewage overflow from property upon which a lateral is located presents a threat to the public health, even if it remains upon the property upon which a lateral is located;

vi. When, as part of the Town's inspection of its mains, the Town discovers conditions which indicate a reasonable probability of a defective lateral upon the property.

c. Lateral Inspection procedure. The property owner or his/her appointed contractor shall obtain a lateral inspection form for sewer lateral inspection prior to commencing with the inspection procedure. If the inspection is conducted by any party other than the Town, the inspection shall be accomplished by closed-circuit video recording observation according to the standard specifications provided with the lateral inspection form and available from the Superintendent.

The Town’s wastewater utility, subject to availability, may be requested to perform the inspection at a cost of one hundred dollars ($100.00) per inspection.

d. Failure of Inspection. Should the lateral fail the inspection, the lateral shall be either repaired or replaced, and reinspected. A building permit shall be required in order to perform the necessary repairs or replacement, and the property owner shall comply with any and all requirements of such permit. No water service shall be allowed at such property and no use of such lateral shall occur until the lateral is repaired and the Town issues a Certificate of Inspection, except that if such property was occupied at the time of such inspection, such services may continue and any and all repairs shall be performed within ninety (90) days following such inspection.  Roots, grease or other material which have accumulated in any lateral repaired by the property owner shall be prevented from entering the sewer main during repair, maintenance or reconstruction of the lateral.

e. Lateral Certification. Upon the lateral successfully passing the inspection procedure, the Superintendent, or the Superintendent's designee, shall issue a signed Certificate of Inspection.

f. Violations. The following shall be violations of this Ordinance:

i. Failure to maintain lateral(s), so as to permit overflow;

ii. Failure to inspect a lateral, following the deadline imposed by this Ordinance or in any request for such inspection by the Town issued pursuant to this Ordinance;

iii. Failure to remedy any defective conditions revealed through inspection of a lateral within thirty (30) days following inspection;

iv. Conveyance and/or occupancy of any parcel of property without conducting a required inspection.

Violation of this Ordinance shall be subject to the penalties provided in Section 10.16.102 of the Municipal Code of the Town of Santa Claus.

g. Effectiveness. The foregoing amendment to the Municipal Code Chapter 10.16 shall be in full force and effect upon its adoption and publication as required by law.”

BE IT FURTHER ORDAINED that Chapter 10.16 of the Municipal Code of the Town of Santa Claus, Indiana is hereby amended by deleting Section 10.16.131, and replacing said Section with the following amended Section 10.16.131:

“10.16.131 Private Disposal Facilities Authorized. Where the sanitary sewer or combined sewer is not within three hundred feet (300') of a person’s property line, the property and improvements thereon may be connected to a private sewage disposal system complying with the provisions of this section.”

PASSED AND ADOPTED by the Town Council of the Town of Santa Claus, Indiana on the 13th day of June, 2011.

ORDINANCE 2011-03

AN ORDINANCE AMENDING

TOWN OF SANTA CLAUS, INDIANA

ZONING AND SUBDIVISION CONTROL ORDINANCE

Whereas, Indiana law empowers the Town to enact a zoning ordinance and to provide for its administration, enforcement and amendment, and,

Whereas, the Town adopted a Comprehensive Plan by Resolution 1995-03 on January 30, 1995; and,

Whereas, the Town thereafter adopted the “Zoning Ordinance of Santa Claus, Indiana” by its Ordinance 1995-05 on April 20, 1995, which Zoning Ordinance has been amended from time to time since its adoption; and,

Whereas, the Town thereafter repealed, restated and replaced the Zoning Ordinance of Santa Claus, Indiana, as enacted by Ordinance 1995-05; by and with the enactment of Ordinance 2006-04; and,

Whereas, the Town recognizes the desire for commercial entities to retain and display certain signage to direct attention to a place of business or convey a commercial message to intended customers; and,

Whereas, the Town also recognizes that unbridled allowance of such identifying elements has the potential to lead to an overabundance of inappropriate signs or sign-like features that would be detrimental to the overall aesthetic quality of the built environment of the town; and,

Whereas, the Town realizes the importance of balancing the needs of commercial business identification with the often competing desires of the town residents for an aesthetically pleasing and uncluttered visual environment; and,

Whereas, the Advisory Plan Commission has recommended that certain alterations and amendments to the Zoning Ordinance are necessary; and,

Whereas, all requirements of I.C. §§36-7-4-600 et seq. have been met in the adoption of this Ordinance.

Now, therefore, be it ordained by the Town Council of the Town of Santa Claus, Indiana:

1. Section 6.0 of the Municipal Code of Santa Claus, Indiana shall be deleted in its entirety and replaced with the following Section 6.0:

“6.0. Signs & Advertising Devices

6.1. Improvement Location Permit. After the enactment of this Ordinance, it shall be deemed unlawful to erect, place, attach or structurally alter any Sign or Advertising Device in Santa Claus, Indiana, unless and until an Improvement Location Permit has been issued (except for those items listed in Section 6.2). Upon the issuance of said permit the advertising company or its agent may erect, place, attach or structurally alter said Sign or Advertising Device only if the device shall be in conformity with all sections of this Part 6.

6.2. Signs & Advertising Devices for which Improvement Location Permits are not required. Improvement Location Permits shall not be required for the following:

6.2.1. A name plate not exceeding four (4) square feet nor five (5) feet in height, containing house or address notations.

6.2.2. Unlighted Signs pertaining to the sale of the property on which such Sign is located, not exceeding twelve (12) square feet and five (5) feet in height.

6.2.3. A Sign pertaining to a home occupation or sale of farm produce not exceeding twelve (12) square feet and five (5) feet in height, and that it is limited to the advertising of items crafted or grown on the Lot.

6.2.4. All Signs or other devices necessary for convenience and safety established or erected and/or maintained by the Federal, State, County or Town Highway, Street, Utility or other Departments.

6.2.5. Sign(s) that are not visible from a public way or from neighboring properties shall be excepted from the requirements of this Part 6, except that if such Sign(s) later do become visible, the owner shall apply for an Improvement Location Permit within thirty (30) days of the change in status, and such Sign(s) must meet all requirements of this Section.

6.2.6. A notice of change of zoning as established by the Commission.

6.2.7. Signs or Advertizing Devices of a temporary nature, not more than four (4) square feet in area advertising or giving direction to an official, special event. All such devices shall be installed not more than thirty (30) days prior to the event and removed within twenty four (24) hours after they become no longer applicable, and only one such Sign or Advertising Device may be placed upon any Lot at any time.

6.2.8. Banners, streamers, pennants and similar objects of a temporary nature to promote grand openings or other special events conducted upon the premises upon which such objects are located are permitted, provided that no such objects may be displayed on a Lot for more than thirty (30) days in any calendar year, the total area of such objects shall not exceed the maximum for signs in the district in which such objects are located, such objects shall be securely fastened to buildings or poles, and shall otherwise meet all setback and maintenance requirements of this Ordinance. Any such objects which do not meet such requirements are prohibited.

6.3. Area and Location. Yard restrictions established in other sections of this Ordinance do not apply to Signs and Advertising Devices except where direct reference is made to said devices, and the restrictions as established in this Part 6 shall apply in all other cases. The size and location of all Signs and Advertising Devices shall comply with the provisions of this Part 6.

6.3.1. R Zones. This section specifies what Signs and Advertising Devices shall or shall not be granted Improvement Location Permits in the Residential zones.

6.3.1.1. Home Designation. One unlighted name plate not exceeding eight (8) square feet in area and five (5) feet in height, is permitted.

6.3.1.2. Housing Complexes. No more than one Sign, not exceeding twenty (20) square feet in area or five (5) feet in height, at the entrance to subdivisions or multifamily housing complexes, apartments or similar uses is permitted.

6.3.1.3. Setback. All Signs shall be set back not less than the greater of fifteen (15) feet from all Lot Lines; or, fifteen (15) feet from the closest edge of any Street, if a Lot Line is within such Street.

6.3.1.4. All Advertising Devices are prohibited in Residential Zones.

6.3.1.5. Churches, Temples, Mosques, Synagogues, Schools, and Institutions.

All churches; temples; mosques; synagogues; and public or parochial, primary or secondary schools shall be permitted one (1) Sign not to exceed twenty-four (24) square feet. In the event the Church, Temple, Synagogue or School faces more than one Street, one (1) Sign per Street may be permitted for each side of the Lot containing not less than one hundred (100) feet of frontage on a Street. All such Signs shall be set back not less than the greater of fifteen (15) feet from all Lot Lines; or, fifteen (15) feet from the closest edge of any Street, if a Lot Line is within such Street.

6.3.2. C, I, & AM Zones. This section specifies what Signs and Advertising Devices shall or shall not be granted Improvement Location Permits in the C, I and AM Zones. In any C, I or AM Zone, one (1) Sign may be permitted on each Lot, with the following requirements:

6.3.2.1 The size shall be limited to three (3) square feet of area to each lineal front foot of the building displaying such device.

6.3.2.2. Freestanding signs are only permitted on Lots containing not less than one hundred (100) feet of frontage on a Street, and only on the side of such Lot containing such required frontage.

6.3.2.3. All Signs shall be set back not less than the greater of fifteen (15) feet from all Lot Lines; or, fifteen (15) feet from the closest edge of any Street, if a Lot Line is within such Street.

6.3.2.4. If a use on a Lot faces more than one street, one (1) Sign may be permitted for each side of the Lot containing not less than one hundred (100) feet of frontage on a Street.

6.3.2.5. In buildings with multiple uses divided by partition walls (i.e., “strip” malls), one (1) facade Sign may be permitted for each leased segment of such strip, provided that the total sign area shall not exceed the limitations contained in this Ordinance.

6.3.2.6. Shopping centers (40,000 square feet of retail space or greater, with a minimum of four tenants) may erect a maximum of two freestanding signs with a maximum total area of one (1) square foot per frontage foot, not to exceed one hundred and fifty (150) square feet per sign.

6.3.2.7. Office parks may erect a freestanding sign with a maximum total area of fifty (50) square feet.

6.3.2.8. Additional directional Signs for traffic may be installed at one-way entrances and/or exits as needed for traffic flow, but such signs shall not exceed four (4) square feet in area and shall be no more than four (4) feet in height.

6.3.2.9. In the AM district, additional signs may be permitted as approved on the Master Plan for the development.

6.3.3. A or FP Zone. This section specifies what Signs and Advertising Devices shall or shall not be granted Improvement Location Permits in the A & FP Zones.

6.3.3.1. Home Occupation. Unlighted name plates not to exceed eight (8) square feet in area, are permitted. The required setback shall be not less than fifteen (15) feet from all Lot Lines.

6.3.3.2. Permanent. No more than one Sign, not exceeding twenty (20) square feet in area for multiple dwellings

6.3.3.3. Churches, Temples, Mosques, Synagogues, Schools, and Institutions.

All churches; temples; mosques; synagogues; and public or parochial, primary or secondary schools shall be permitted one, but not more than one, freestanding Sign not to exceed twenty-four (24) square feet. In the event the Church, Temple, Synagogue or School faces more than one street, one Sign per street may be permitted for each side of the Lot containing not less than one hundred (100) feet of frontage on a Street.

6.3.3.4. Setback. All signs shall be set back not less than the greater of fifteen (15) feet from all Lot Lines; or, fifteen (15) feet from the closest edge of any Street, if a Lot Line is within such Street.

6.4. Advertising Devices. No Advertising Devices shall be permitted in any zones except A, I and Am, where such devices may be permitted as Special Exceptions. All Advertising Device which are so permitted shall comply with setback requirements as specified in this Ordinance for other structures, except as otherwise stated herein, and the requirements of this Section.

6.4.1 All Advertising Devices shall be a minimum of three hundred (300) feet from a line projected perpendicular across a street, highway or other road from any dwelling, church, synagogue, temple, playground, park, school or other public institution.

6.4.2. All Advertising Devices shall be a minimum of five hundred (500) feet from any dwelling or land used, platted, divided, or zoned for residential use, school, church, temple, synagogue, park or place of public assembly.

6.4.3. All Advertising Devices shall be a minimum of five hundred (500) feet from any and all side property lines.

6.4.4. All Advertising Devices shall be a minimum of five hundred (500) feet from railroad or a crossroad intersections, crosswalks, pedestrian bridges, “T” roads or highway entrances, bridges or stretches of highway that are specified as being hazardous by the State, County, or Town, turns in the highway or entering lanes or roadways, and the curves of a curved highway.

6.4.5. No Advertising Device shall be located closer than two hundred (200) feet from the nearest right-of-way boundary of any Street or Highway which is a part of the Indiana State Highway system.

6.4.6. Advertising Devices may not contain more than one (1) sign per facing, nor more than two (2) sides per said device.

6.4.7. Any Advertising Device shall be a minimum of one thousand three hundred twenty (1,320) feet from another device located on the same side of a two-lane Federal, State, County or Town roadway.

6.5. General Requirements for all Signs & Advertising Devices.

6.5.1. All Signs and Advertising Devices shall be constructed or maintained in a presentable manner for the life of the device.

6.5.2. Any nonconforming Sign or Advertising Device that is or becomes in a derelict or objectionable condition shall be removed from the premises by the owner of said Sign or Device. Said condition shall exist when device is determined to be in excess of thirty percent (30%) destroyed by acts of God or man. Said determination shall be made by the Zoning Administrator.

6.5.3. Any nonconforming Sign or Advertising Device, lawfully existing upon the effective date of this ordinance shall be discontinued on or before ten (10) years after the effective date of this Ordinance, in which case such prior date of discontinuance shall apply, unless in the meantime it is determined to be or is made conforming to this Section.

6.5.4. For the purposes of this Ordinance, a series of 1 to 6 Signs or Advertising Devices, each having an area of no greater than six (6) square feet and spaced at least one hundred (100) feet apart, which are designed to be read in sequence to convey a single message, shall be considered as one Advertising Device.

6.5.5. No freestanding Sign or Advertising Device shall have an advertising area exceeding three hundred twenty (320) square feet in area.

6.5.6. No flashing Sign or Advertising Device shall be located within three hundred (300) feet of any Residential zone or Lot used for residential purposes.

6.5.7. Except in the AM zone, no Sign or Advertising Device shall have an overall height exceeding twenty (20) feet above the lower of (a) The grade of the Lot upon which such Sign or Advertising Device is located prior to placement of the Sign or Advertising Device; (b) The grade of the Lot upon which such Sign or Advertising Device is located after placement of the Sign or Advertising Device; or, (c) the level of the edge of the Street which is located closest to the Sign or Advertising Device. In the AM zone, no Advertising Device or freestanding Sign shall exceed such height requirements except as approved on the development’s Master Plan.

6.5.8. No Sign placed inside a window or immediately behind the windowpane or upon the window pane shall exceed twenty-four (24) square feet, and such Signs shall not exceed fifty percent (50%) of the area of the window in which such Sign(s) are placed.

6.5.9. Illuminated Signs

6.5.9.1. Illuminated signs located adjacent to any residential area shall be controlled by a rheostat, or another acceptable method, so as not to create excessive glare to properties within said residential district.

6.5.9.2. No illumination simulating traffic control devices or emergency vehicles shall be used.

6.5.9.3. All illumination must be from a steady, stationary light source.

6.5.9.4. Internal illumination.

a. Internally illuminated signs must be constructed of routed aluminum so that only letters, numbers, and/or logos are illuminated.

b. Signs shall not have light reflecting backgrounds nor letters.

c. All finishes shall be a matte finish.

6.5.9.5. External illumination.

a. Illumination shall be a steady stationary light source, shielded and directed solely at the sign.

b. Light sources to illuminate signs shall neither be visible from any street right-of-way, nor cause glare hazardous to pedestrians or vehicle drivers or so as to create a nuisance to adjacent properties.

c. The intensity of light shall not exceed twenty (20) footcandles at any point on the sign face.

d. The color of light sources to illuminate signs shall be white.

e. Signs shall not have light-reflecting backgrounds nor letters.”

PASSED AND ADOPTED by the Town Council of the Town of Santa Claus, Indiana on this, the 9th day of May, 2011.

ORDINANCE 2011-05

AN ORDINANCE AMENDING CHAPTER 5.02 OF THE MUNICIPAL CODE OF THE TOWN OF SANTA CLAUS, INDIANA CONCERNING STRAY ANIMALS

WHEREAS, Chapter 5.02 of the Municipal Code of the Town of Santa Claus governs the control and regulation of animals; and,

WHEREAS, the Town Council of the Town of Santa Claus, Indiana determined that certain provisions of Chapter 5.02 require amendment;

NOW THEREFORE, BE IT ORDAINED, that Chapter 5.02 of the Municipal Code of the Town of Santa Claus, Indiana is hereby amended by deleting Section 5.02.070 and by deleting the following paragraph from Section 5.02.080:

“Additionally, the owner of the stray animal taken to the town maintenance area at the wastewater treatment plant, Highway 245 S. And detained shall pay an additional sum of Five ($5.00) for each twenty-four (24) hour period or fraction thereof when said animal is held.”

In all other respects Chapter 5.02 of the Municipal Code shall remain unchanged and in full force and effect as previously adopted.

PASSED AND ADOPTED by the Town Council of the Town of Santa Claus, Indiana on the 11th day of July, 2011.

ORDINANCE 2011- 06

AN ORDINANCE AMENDING CHAPTER 3.17 OF THE MUNICIPAL CODE OF THE TOWN OF SANTA CLAUS, INDIANA CONCERNING POSSESSION OF WEAPONS UPON TOWN PROPERTIES

WHEREAS, Chapter 3.17 of the Municipal Code of the Town of Santa Claus, restricts the possession of weapons in and on the Town’s properties and parks; and,

WHEREAS, on July 1, 2011, new Indiana laws restricting the Town’s ability to restrict certain weapons became law;

NOW THEREFORE, BE IT ORDAINED, by the Town Council of the Town of Santa Claus, Indiana that Chapter 3.17 of the Municipal Code of the Town of Santa Claus, Indiana is hereby repealed and amended as follows:

Section 3.17.010 (2) of the Municipal Code of the Town of Santa Claus is hereby REPEALED in its entirety and removed from Chapter 3.17.010; and, A new Section 3.17.015 is hereby ADDED to Chapter 3.17 as follows:

“ 3.17.015. Exceptions. The definitions set forth in Section 3.17.10 shall not apply to any weapon which is a firearm, firearm accessory or ammunition, as defined by Indiana law.”

In all other respects Chapter 3.17 of the Municipal Code shall remain unchanged and in full force and effect as previously adopted.

PASSED AND ADOPTED by the Town Council of the Town of Santa Claus, Indiana on the 12th day of September, 2011.

ORDINANCE 2011- 07

AN ORDINANCE PROHIBITING FIREWORKS

WHEREAS, the unlimited use of fireworks interferes with the safety and general welfare of and causes noise pollution for the residents of the Town of Santa Claus, Indiana; and,

WHEREAS, it is a tradition to celebrate Independence Day, New Year’s Day and other special occasions with the use of fireworks;

NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF SANTA CLAUS, INDIANA, AS FOLLOWS:

Title 3 of the Municipal Code of the Town of Santa Claus, Indiana is hereby amended to add the following chapter 3.75 concerning fireworks:

“ Chapter 3.75. Fireworks.

3.75.010. Use of Fireworks. The use of consumer fireworks within the Town of Santa Claus, is prohibited except on the following dates at the following times:

1. Between the hours of 5:00 p.m. and 11:30 p.m. from June 29 through July 3 and July 5 through July 9;

2. At any time on July 4;

3. Between the hours of 10:00 a.m. on December 31 and 1:00 a.m. on January 1;

and,

4. At and on days of special town events at times, as designated and approved by the Town Council.

3.75.020 Penalty. Any person who uses fireworks at any time besides the times set out above shall be fined in the sum of not less than $50.00 and not more than $500.00.”

PASSED AND ADOPTED by the Town Council of the Town of Santa Claus, Indiana on this the 12th day of September, 2011.

ORDINANCE 2011- 08

AN ORDINANCE SETTING STANDARDS FOR BIDDING PREFERENCES

WHEREAS, on July 1, 2011, a new I.C. §5-22-15-20.9 was added to the Indiana Code by HSA 1004; and,

WHEREAS, I.C. §5-22-15-20.9 requires a political subdivision to allow certain preferences to bidders on public projects from “affected counties;” and,

WHEREAS, I.C. §5-22-15-20.9 requires a political subdivision to define certain matters by adopting rules.

NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF SANTA CLAUS, INDIANA, AS FOLLOWS:

1. For purposes of I.C. §5-22-15-20.9 , a business shall be considered to “make significant investments in the affected counties” if the business has invested $10,000,000.00 within the five (5) years prior to the due date of the bid in “affected counties,” as defined in I.C. §5-22-15-20.9.

2. For purposes of I.C. §5-22-15-20.9 , a business shall be considered to have “a substantial positive economic impact on the affected counties” if the business has invested $10,000,000.00 within the five (5) years prior to the due date of the bid in "affected counties"

PASSED AND ADOPTED by the Town Council of the Town of Santa Claus, Indiana on this the 12th day of September, 2011.

ORDINANCE 2011-09

AN ORDINANCE REPEALING CHAPTERS 1.08 AND 1.22 OF THE MUNICIPAL CODE OF THE TOWN OF SANTA CLAUS, INDIANA CONCERNING UTILITY ADVISORY COMMITTEE AND REDEVELOPMENT COMMISSION

WHEREAS, Chapter 1.08 of the Municipal Code of the Town of Santa Claus, enacted by Ordinance 1992-05 establishes a Utility Advisory Committee; and,

WHEREAS, the Town of Santa Claus does not and has not utilized the Utility Advisory Committee; and,

WHEREAS, Chapter 1.22 of the Municipal Code of the Town of Santa Claus, enacted by Ordinance 1999-03, establishes a Redevelopment Commission; and,

WHEREAS, Chapter 1.70 establishes and governs the Redevelopment Commission in accordance with Indiana law, such that Chapter 1.22 is obsolete and redundant.

NOW THEREFORE, BE IT ORDAINED, by the Town Council of the Town of Santa Claus, Indiana that Chapters 1.08 and 1.22 of the Municipal Code of the Town of Santa Claus, Indiana are hereby repealed in their entireties.

PASSED AND ADOPTED by the Town Council of the Town of Santa Claus, Indiana on the 12th day of September, 2011.

Ordinance 2011-10

ORDINANCE 2011-11

AN ORDINANCE REPEALING CHAPTER 1.04 OF THE MUNICIPAL CODE OF THE TOWN OF SANTA CLAUS, INDIANA CONCERNING TOWN MANAGER

WHEREAS, Chapter 1.04 of the Municipal Code of the Town of Santa Claus, enacted by Ordinance 1997-06 establishes the position of Town Manager; and,

WHEREAS, the Town of Santa Claus does not utilize a Town Manager.

NOW THEREFORE, BE IT ORDAINED, by the Town Council of the Town of Santa Claus, Indiana that Chapter 1.04 of the Municipal Code of the Town of Santa Claus, Indiana is hereby repealed in its entirety.

PASSED AND ADOPTED by the Town Council of the Town of Santa Claus, Indiana on the 12th day of September, 2011.