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Legal Notice – Town of Marshall, ORDINANCE  PROHIBITING TEMPORARY OCCUPANCY OF MOBILE DWELLING

ORDINANCE NO.:2024-2

 

AN ORDINANCE  PROHIBITING TEMPORARY OCCUPANCY OF MOBILE DWELLING

UNITS IN THE

TOWN OF MARSHALL

 

Be it ordained by the Town Council of the Town of Marshall, Indiana, that upon passage of this ordinance, due publication of this notice as required by I.C. 5-3-1 that

WHEREAS, I.C. 36-1-3 et al., the Town Council of Marshall, Indiana has the power to regulate the rules of law and governance within the town limits so long as not specifically prohibited by the Indiana Constitution or statute, or said power is specifically  vested in another entity.

WHEREAS, the Town Council of Marshall, Indiana has determined that a need exists for an ordinance codifying the rules and regulations governing the use of mobile dwellings, campers, or other forms of temporary housing in the Town of Marshall, Indiana.

 

THEREFORE, BE IT ORDAINED  AS FOLLOWS:

 

DEFINITIONS.

For the purpose of this ordinance, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

 

Mobile Dwelling Unit. Temporary living quarters such as house trailers, truck bodies, tents, bus bodies, shacks, campers, yard barns, RV’s, and improvised trailers which may be moved by tractor, truck, or automobile, or those carried, transported or towed from one place to another without the use of regular house-moving equipment.

 

Use For Temporary  Living Quarters.  Includes the acts of sleeping, preparation of meals, or any sanitary measure such as bathing, dishwashing, or laundering clothing, or any natural or performed operation that produces waste material objectionable from a nuisance standpoint.

 

TEMPORARY OCCUPANCY PROHIBITED.

 

  1. No person shall occupy a mobile dwelling unit which has been placed on any lot, street, or any space within the corporate limits of the town for the purpose of using the same as temporary or permanent living quarters, except:
  2. Those in camp sites or campgrounds approved and licensed as a campsite by the State Board of Health.
  3. Individuals who have applied for and received temporary approval in writing for an exception from the Town Council under emergency or exceptional circumstances.

 

NOTICE TO VACATE, FAILURE.

 

Any peace officer of the town, or any representative of the State Board of Health, or any state police officer, shall have the right to issue an order in writing requiring violators of this chapter to remove mobile dwelling units from unlicensed premises within 48 hours.

 

NONINTERFERENCE WITH STATE BOARD OF HEALTH POWERS

 

No provisions in this ordinance shall interfere with the right of the State Board of Health to revoke any license for failure to comply with the provisions of I.C. 16-41-27 or other applicable laws.

 

Section 2. Penalties for Violations. Any violation of this Ordinance shall, upon conviction, be punished by a fine not less than $25 and not more than $50 per day.  No notice will be required for those persons violating this ordinance after the first offense, and each day’s  violation shall constitute a separate offense.

 

Attorney Fees: Any person found by a Court to have violated this Ordinance shall pay costs and reasonable attorneys’ fees incurred by the Town as a result of the Town ‘s enforcement of this Ordinance.

 

Section 3. Effective Date. That this Ordinance shall become effective upon passage and legal publication as required by I.C. 5-3-1.

 

Unanimous Approval of all council members present February 6, 2024, to consider this ordinance the same date as introduced.

 

Kevin Stewart

Darla Burgess

 

APPROVED THIS 6TH DAY OF FEBRUARY 2024.

 

TOWN COUNCIL OF THE TOWN OF MARSHALL, INDIANA

 

Kevin Stewart

Darla Burgess

 

Attest:

Kathy Wirth

Clerk-Treasurer