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                   CHAPTER 114: REGULATION OF SPECIFIC BUSINESSES*

*State law reference--Authority to impose license fees, IC 36-1-3-8; authority to regulate
operation of businesses, crafts, professions, etc., IC 36-8-2-10.

Section

                                        General Provisions

114.001 Branch stores
114.002 Maintenance of parking lots
114.003 General business license

                                        Ambulance Service

114.005   Definitions
114.006   Operational restrictions
114.007   Emergency Service Commission
114.008   Duties of Commission
114.009   Commission expenses
114.010   Individual ambulance licenses
114.011   Ambulance and equipment standard
114.012   Liability insurance
114.013   Attendant's and attendant-driver's license
114.014   Obedience to traffic laws
114.015   License renewal
114.016   Revocation of license
114.017   Rate schedule

                                       Amusement Devices

114.020   Definitions
114.021   Licensing provisions
114.022   Amusement device arcade permit
114.023   Location
114.024   Unlawful devices
114.025   Minors

                                      Billiard and Pool Halls

114.030   License required; application; fees
114.031   Investigation of application
114.032   Grounds for denial or revocation of license; appeal
114.033   Regulations; exemptions

                                       Child-Care Facilities

114.040   Definitions
114.041   Permit, certificate, and license
114.042   Buildings and grounds
114.043   Equipment and furnishings
114.044   Care of foods and utensils
                                                                Page 2 of 115


114.045   Admissions
114.046   Health and medical care
114.047   Permanent register
114.048   Inspections
114.049   Enforcement
114.050   Suspension, revocation of permits
114.051   Permit reinstatement
114.052   Revocation of license

                                         Coal and Coke

114.060 Dealers or distributors
114.061 Sale and delivery
114.062 Weighing of vehicles

                                  Day-Cleaning Establishments

114.065   Definitions
114.066   Qualified attendant required
114.067   Certificate of fitness
114.068   Certificate fee

                                          Flea Markets

114.070 Definitions
114.071 License required; application; fee

                                   Gasoline Service Stations

114.075 Purpose
114.076 Display of signs

                                  Motels and Lodging Houses

114.080 License required
114.081 License fee
114.082 Sanitation and fire prevention; inspections

                                          Junk Dealers

114.085   License required
114.086   Application
114.087   Bond
114.088   Fees
114.089   Placing merchandise on streets
114.090   Sale of bicycles, motor vehicles
114.091   Records to be kept; inspection
114.092   Acting as pawnbroker
114.093   Goods from intoxicated persons
114.094   Period articles to be held

                                         Massage Parlors
                                                                   Page 3 of 115


114.100   Definitions
114.101   License and fee
114.102   Application
114.103   Masseur or masseuse license; fee
114.104   Application
114.105   Denial, revocation of licenses
114.106   Investigation of applications
114.107   Appeal
114.108   Massage parlor regulations
114.109   Exemptions
114.110   Transfer of license

                                           Pawnbrokers

114.115   License required
114.116   Bond
114.117   Issuance of license
114.118   Records to be kept
114.119   Inspections; reports to police
114.120   Period articles to be held

                                Peddlers and Transient Merchants

114.125   Definitions
114.126   Location restrictions
114.127   Permit, license, and registration required
114.128   Permit and license application; age restriction
114.129   Investigation by Chief of Police
114.130   Health and Zoning approval
114.131   License fees
114.132   Language of license; display
114.133   Revocation of license
114.134   Expiration of license
114.135   Transfer of license prohibited
114.136   Loud noises and speaking devices prohibited
114.137   Proof of ownership of goods required
114.138   Reports of violation

                                           Pest Control

114.145   Definitions
114.146   License required; exceptions
114.147   Types of licenses
114.148   Fees
114.149   Examination of applicant
114.150   Denial, revocation of license
114.151   Bond or insurance
114.152   Fumigation procedure
114.153   Toxic insecticides

                                       Public Amusements

114.160 Theater license; fees
                                                                Page 4 of 115


114.161   Inspection of theaters
114.162   Display of license
114.163   Enforcement of theater regulations
114.164   Outdoor theater license
114.165   Issuance of outdoor theater license
114.166   Outdoor theater license fees
114.167   Transfer of outdoor theater license
114.168   Location, construction of outdoor theaters
114.169   Special policeman at outdoor theaters
114.170   Dance halls
114.171   Skating rinks
114.172   Circuses; carnivals
114.173   Juvenile riding devices
114.174   Shooting galleries
114.175   Bowling alleys
114.176   Professional sporting exhibitions
114.177   Permanent privately-owned facilities
114.178   Immoral or unsafe public amusements
114.179   Copy of regulations to be posted
114.180   Gambling on riverboats

                                 Riding Stables and Academies

114.185   Definitions
114.186   License application
114.187   Inspection
114.188   Insurance required
114.189   Fees
114.190   Register
114.191   Riding regulations

                                Secondhand Automobile Dealers

114.195   License required
114.196   Application
114.197   Licenses for additional locations
114.198   Licensing committee
114.199   Appearance of applicant before committee
114.200   Issuance of license
114.201   Denial or revocation of license
114.202   Display of license
114.203   Change of location
114.204   Lapse of license; renewal
114.205   Discontinuance of business
114.206   Conduct of employees
114.207   Records
114.208   Enforcement by police
114.209   Exhaust emission test required on used cars

                                Taxicab and Limousine Service

114.215 Definitions
114.216 Board of taxicab and limousine examiners
                                                                Page 5 of 115


114.217   Age of taxicabs and limousines
114.218   Supervision of drivers
114.219   Taxicab and limousine fares
114.220   Refusal to carry passengers
114.221   Nonpayment of taxicab fare
114.222   Taxicab stands
114.223   Driver's identification
114.224   Record of calls
114.225   Passenger regulations
114.226   Number of licenses
114.227   Suspension, revocation of licenses
114.228   City sealer to keep register
114.229   Taxicab and limousine owner's operator license
114.230   License application
114.231   Liability insurance.
114.232   Owner's operator license fees
114.233   Issuance of license
114.234   License renewal; fees
114.235   Vehicle for hire license
114.236   Vehicle for hire license requirement
114.237   Vehicle for hire license fee
114.238   License for additional vehicles
114.239   Renewal of license
114.240   Taxicab license plates
114.241   Change of general manager
114.242   Removal of vehicles from service
114.243   Worn out or discarded vehicles
114.244   Vehicle registration
114.245   Vehicle for hire driver's license
114.246   Vehicle for hire driver's license application
114.247   Requirements for vehicle for hire driver's license
114.248   Examination; issuance of license
114.249   License renewal
114.250   License information
114.251   Revocation of license
114.252   Suspension of license
114.253   Exhibition on demand
114.254   Driver's badge
114.255   Emergency vehicle for hire drivers
114.256   City sealer to keep records
114.257   Taximeters required
114.258   Operation of jitney

                                  Trees and Shrubs Businesses

114.265 License required
114.266 Interference with Park Department

                                    Vehicle-Towing Operators

114.270 Purpose
114.271 Identification of commercial towing vehicles
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                                           Watercraft

114.280   Watercraft on Lake Michigan
114.281   License for renting or leasing
114.282   Revocation of license
114.283   Inspection
114.284   Registration of watercraft
114.285   Renting or leasing regulations
114.286   Registration of privately-owned watercraft
114.287   Use of watercraft

                                       Window Cleaners

114.290   License required
114.291   Application
114.292   Bond or insurance policy
114.293   Fee; issuance
114.294   Change in business of licensee
114.295   Safety precautions
114.296   License not transferable

114.999 Penalty

                                    GENERAL PROVISIONS

§ 114.001 BRANCH STORES.1

    It shall be unlawful for any person to establish any branch store, establishment, or
concern for the purpose of conducting or carrying on a temporary business within the
corporate limits of the city, without having first obtained a license therefor from the City
Controller. The fee for the license shall be $10 per day, payable in advance.
('60 Code, § 7-9901; Code 1989, § 114.001)

§ 114.002 MAINTENANCE OF PARKING LOTS.

    (A) For the purpose of this section the following definitions shall apply unless the context
clearly indicates or requires a different meaning.

    "MOTOR VEHICLE." Any automobile, truck, motor scooter, or other self-propelled vehicle
not operated on tracks or from trolleys.

   "PARKING LOT." Any outdoor floor space which contains more than 2,500 square feet
where motor vehicles may be parked, stored, or kept, for which any charge is made, or those
maintained for exclusive use of customers, patrons, or employees, and not for hire.

   (B) It shall be unlawful to conduct or operate a parking lot within the city in any manner
except as herein defined and prescribed.

    (1) Every operator of a parking lot shall keep the sidewalk surrounding the premises free
        from dirt, ice, sleet and snow and shall keep the sidewalk and driveways in safe
        condition for the travel of pedestrians.

    (2) The ground or floor space of each parking lot, if made of dirt, sand, cinders, or other
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        loose mixture, shall at all times be kept thoroughly sprinkled or treated with water,
        calcium chloride, or other means so that the dust, sand, and cinders or other
        substance of which the ground or floor space is made will not be raised, carried, or
        blown by the wind, movement of vehicles, or other causes, into or upon public
        property or the adjacent property of others. The surface or floor of the premises shall
        be constructed so as to prevent retention of water thereon.
('60 Code, § 7-1602)(Ord. 3355, passed; Code 1989, § 114.002)

§ 114.003 GENERAL BUSINESS LICENSE. 2

    (A) Any business establishing itself within the corporate city limits must file for a "general
business license" within 30 calendar days of establishment in the Controller's office.

    (B) There shall be a one time application fee of $50. However, the fee shall be waived for
any business which, by ordinance, is required to annually obtain a business license.

    (C) GENERAL BUSINESS LICENSE RENEWAL.

(1) Distinct from and in addition to the one-time Application Fee, an annual General Business
License fee in an amount according to the schedule of fees as shall be modified from time to
time by the Common Council of fifty dollars ($50.00) shall be collected for each subsequent
year any commercial enterprise or venture continues registered as an ongoing concern within
the City of Gary.

(2) The annual General Business License renewal fee shall be universally collected regardless
of the kind or type of commercial enterprise or venture, and may not be waived. Payment of
said fee shall keep the validity of the above license effective throughout the operative year
until its expiration on December 31.

(3) The above General Business License fee, as amended, shall be charged and collected
separately and independent of any additional renewal fee specific to the annual fee schedule
adopted in and by Ordinance No. 7718, Section 1(F).
(Ord. 6258, passed 7- -88; Code 1989, § 114.003) (Ord. No. 7867, 12-20-2005)
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                                    AMBULANCE SERVICE*3

*State law reference--Requirements for vehicle operation, IC 9-24-1-4; essential purpose of
political unit, 16-31-1-2; authorization of emergency medical services, IC 16-31-5-1.

§ 114.005 DEFINITIONS.

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

    "AMBULANCE." Any privately or publicly owned motor vehicle that is specially designed or
constructed and equipped, and is intended to be used for and is maintained or operated for
the transportation of patients, except any motor vehicle owned by or operated under the direct
control of the United States.

   "ATTENDANT." An individual licensed by the Emergency Service Commission for the
purpose of handling and transporting patients, other than regular members of the Fire
Department of the city.

    "ATTENDANT-DRIVER." A person who is qualified as an attendant and a driver.

    "GARY EMERGENCY SERVICE COMMISSION." The ten-man commission designated to
regulate ambulance service.

    "PATIENT." An individual who is sick, injured, wounded, or otherwise incapacitated or
helpless.
('60 Code, § 8-1801) (Ord. 4488, passed 10-6-70; Am. Ord. 4850, passed 12-18-73; Code
1989, § 114.005)

§ 114.006 OPERATIONAL RESTRICTIONS.

     (A) No person, either as owner, agent, or otherwise shall furnish, operate, conduct,
maintain, advertise, or otherwise be engaged in or profess to be engaged in the service of the
transportation of patients upon the streets, alleys, or any public way or place of the city unless
he holds a currently valid license for each ambulance, issued pursuant to this subchapter. An
ambulance operated by an agency of the United States government shall not be required to be
licensed hereunder.

    (B) No ambulance shall be operated for ambulance purposes, and no individual shall drive,
attend, or permit it to be operated for these purposes on the streets, alleys, or any public way
or place of the city unless it shall be under the immediate supervision and direction of a
person who is holding a currently valid license as an attendant-driver.

    (C) No licenses shall be required for an ambulance or the attendant-driver or attendant of
an ambulance, which meets the following conditions.

    (1) Is rendering assistance to licensed ambulances in the case of a major catastrophe or
        emergency with which the licensed ambulances are insufficient or unable to cope.

    (2) Is operated from a location or headquarters outside of the city in order to transport
        patients who are picked up beyond the limits of the city to locations within the city and
        to pick up patients within the city for transportation to locations beyond the city.
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    (3) Is operated by the Fire Department of the city.
('60 Code, § 8-1802) (Ord. 4488, passed 10-6-70; Am. Ord. 4850, passed 12-18-73; Code
1989, § 114.006)

§ 114.007 EMERGENCY SERVICE COMMISSION.

   (A) The 11-member Emergency Service Commission shall consist of the following.

   (1) Members appointed by the Mayor.

       (a) Officer or employee of the Lake County Department of Public Welfare.

       (b) Member of the Fire Department.

       (c) Member of the Police Department.

       (d) Member of the Health Department.

       (e) Member of the AFL-CIO affiliated Union and must be a city resident.

       (f) Member of the community at-large.

   (2) Other members.

       (a) Two members of the Common Council appointed according to Common Council
           proceedings.

       (b) Representative of St. Mary's Mercy Hospital.

       (c) Representative of Methodist Hospital.

       (d) Member of the Lake County Medical Society and whose primary hospital
           appointment is in the city.

    (B) The members shall serve for staggered three-year terms. The original members shall
draw lots to determine whether their initial terms shall be one two, or three years. The
Commission shall establish rules and procedures. No official business can be conducted
without a quorum of six members present at all times.
('60 Code, § 8-1803) (Ord. 4488, passed 10-6-70; Am. Ord. 4850, passed 12-18-73; Code
1989, § 114.007)

§ 114.008 DUTIES OF COMMISSION.

   The duties of the Emergency Service Commission are as follows.

   (A) License ambulances, drivers, and attendants.

   (B) Set fees for various types of private service and review these fees annually to insure
       adequacy.

   (C) Communicate with the medical insurance organizations to attempt to arrange for
       insurance reimbursement checks for ambulance service payable to the company
                                                                                   Page 10 of 115


        providing the service or some other satisfactory arrangement.

    (D) Set the standards for driver-attendants and ambulances to be operated in the city.

   (E) Test or have tested all driver-attendants.

    (F) Inspect or have inspected all ambulances to insure the equipment meets the standards
        established by the Commission.

   (G) Establish plans and policies for the emergency service system.

    (H) Make an annual analysis of the emergency service system through data collection and
        the quantity of calls from all areas throughout the city, and systematic evaluation of
        the factors which contribute to the adequacy and weakness in the proper conduct of
        an emergency transportation service.

    (I) The Commission shall have the power to enact the necessary rules and regulations to
        effectuate this subchapter.

    (J) Recommend policies, standards, and programs to the Common Council, Board of Public
        Works and Safety, Fire Civil Service Commission, and other government agencies,
        officers, or employees involved in the conduct of an emergency transportation service.
('60 Code, § 8-1804) (Ord. 4488, passed 10-6-70; Am. Ord. 4850, passed 12-18-73; Code
1989, § 114.008)

§ 114.009 COMMISSION EXPENSES.

    The city shall provide the Emergency Service Commission funds for its staff and activities
designated by this subchapter. The Commission shall submit an annual budget request to the
Mayor for approval and for inclusion in the annual budget request of the administration. Staff
composition, staff salaries, and other expenses necessary to initiate the emergency service
system shall be approved by the Mayor's office prior to pending ordinances being forwarded to
Common Council.
('60 Code, § 8-1805) (Ord. 4488, passed 10-6-70; Code 1989, § 114.009)

§ 114.010 INDIVIDUAL AMBULANCE LICENSES.

    (A) Applications for ambulance licenses shall be made upon forms prepared or prescribed
by the Emergency Service Commission and shall contain the following.

   (1) The name and address of the applicant and of the owner of the ambulance.

    (2) The trade or other fictitious name, if any, under which the applicant does business and
        proposes to do business.

   (3) The training and experience of the applicant in the transporting.

    (4) A description of the ambulance, including the make, model, year of manufacture,
        motor and chassis number; current state license number; the length of time the
        ambulance has been in use; and the color scheme, insignia, name, monogram, or
        other distinguishing characteristics to be used to designate applicant's ambulance.
                                                                                     Page 11 of 115


    (5) The location and descriptions of the place from which it is intended to operate.

    (6) Other information the Commission deems reasonably necessary to a fair determination
        of compliance with this subchapter.

   (7) An accompanying license fee of $25 per ambulance.

     (B) The Commission shall within 30 days after receipt of an application for an ambulance
license as provided for herein, cause those investigations it deems necessary to be made of
the applicant and his proposed operations.

     (C) The Commission shall issue a license for each specified ambulance, to be valid for a
period of one year unless earlier suspended, revoked, or terminated, when it finds the
following.

   (1) Public convenience and necessity require the proposed ambulance service.

    (2) Each ambulance, its required equipment, and the premises designated in the
        application, have been certified by the Commission.

    (3) The applicant is a responsible and proper person to conduct or work in the proposed
        business.

    (4) Only duly licensed attendant-drivers and attendants are employed in those capacities.

    (5) All the requirements of this subchapter and all other applicable laws and ordinances
        have been met.

    (D) Subsequent to issuance of an ambulance license, the Commission shall cause to be
inspected each licensed vehicle, and its equipment and premises, whenever it deems the
inspection to be necessary, but in any event no less frequently than twice each year, and shall
promptly receive the findings in writing. The periodic inspection shall be in addition to any
other safety or motor vehicle inspection required, and shall not excuse compliance with any
requirement of law or ordinance to display any official certificate of motor vehicle inspection
and approval nor excuse compliance with the requirements of any other applicable general law
or ordinance.

    (E) A copy of each initial, semi-annual, or other ambulance, equipment, and premises
inspection report submitted to the Commission under the provisions of this section shall be
promptly transmitted to the applicant or licensee to whom it refers together with the
recommendations of the Commission.
('60 Code, § 8-1806) (Ord. 4488, passed 10-6-70; Am. Ord. 4850, passed 12-18-73; Code
1989, § 114.010)

§ 114.011 AMBULANCE AND EQUIPMENT STANDARDS.

   (A) Each ambulance shall, at all times, when in use as such meet the following standards.

    (1) Meet the minimum construction and operating standards set by the Emergency Service
        Commission.
    (2) Contain equipment in proper and good condition, which conforms with the standards,
        requirements, and regulations of the Commission and shall take into consideration the
        current list of minimal equipment for ambulances, adopted by the American College of
                                                                                    Page 12 of 115


        Surgeons and its committee on trauma.

    (3) Be equipped with lights, sirens, and special markings to designate it as an ambulance
        as prescribed in reasonable regulations promulgated by the Commission.

    (4) Be equipped with a two-way communication system.

    (5) Be manned by a licensed attendant-driver and a licensed attendant.

    (6) Be identified by the name placard or sign required by the Commission.

     (B) Any change of ownership of a licensed ambulance shall terminate the license and shall
require a new application and a new license and conformance with all the requirements of this
subchapter as upon original licensing. No ambulance license may be sold, assigned,
mortgaged, or otherwise transferred without the approval of the Commission and a finding of
conformance with all the requirements of this subchapter as upon original licensing. Each
licensed ambulance, its equipment, driver-attendants, and the premises designated in the
application and all records relating to its maintenance and operation as such shall be open to
inspection by the Commission or the Commission's authorized representative. No official entry
made upon a license may be defaced, removed, or obliterated.
('60 Code, § 8-1807) (Ord. 4488, passed 10-6-70; Code 1989, § 114.011)

§ 114.012 LIABILITY INSURANCE.

    (A) No ambulance license shall be issued under this subchapter nor shall a license be valid
after issuance, nor shall any ambulance be operated in the city unless there is at all times in
force and effect insurance coverage, in the amounts determined by the Emergency Services
Commission, issued by an insurance company licensed to do business in the state, for each
and every ambulance owned or operated by or for the applicant or licensee, providing for the
payment of the following damages.

    (1) Injury to or death of individuals in accidents resulting from any cause for which the
        owner of the vehicle would be liable on account of liability imposed on him by law,
        regardless of whether the ambulance was being driven by the owner or his agent.

    (2) The loss of or damage to the property of another, including personal property, under
        like circumstances, in the sums and under the terms required in regulations
        promulgated by the Commission.

    (3) Injury or death of patients arising out of the handling and care of the patients by any
        attendant or employee of the licensee.

    (B) These insurance policies shall be submitted to the Commission for approval prior to the
issuance of each ambulance license. Satisfactory evidence that the insurance is at all times in
force and effect shall be furnished to the Commission in the form it may specify, by all
provisions of this subchapter.

    (C) Every insurance policy shall contain a provision for a continuing liability to the full
amount thereof, notwithstanding any recovery thereon, that the liability of the insurer shall
not be affected by the insolvency or the bankruptcy of the assured, and that until the policy is
revoked the insurance company will not be relieved from liability on account of nonpayment of
premium, failure to renew license at the end of the year, or any act or omission of the named
assured. The policy of insurance shall be further conditioned for the payment of any
                                                                                      Page 13 of 115


judgments up to the limits of the policy, recovered against any person other than the owner,
his agent, or employee, who may operate the ambulance with the consent or acquiescence of
the owner.

    (D) Every insurance policy required hereunder shall extend for the period to be covered by
the license applied for and the insurer shall be obliged to give not less than 60 days' written
notice to the Commission and to the assured before the cancellation or termination thereof
earlier than its expiration date. The cancellation or other termination of the policy shall
automatically revoke and terminate the licenses issued for the ambulances covered by the
policy, unless another insurance policy complying with the provisions of this section shall be
provided and be in effect at the time of the cancellation or termination.
('60 Code, § 8-1808) (Ord. 4488, passed 10-6-70; Am. Ord. 4850, passed 12-18-73; Code
1989, § 114.012)

§ 114.013 ATTENDANT'S AND ATTENDANT-DRIVER'S LICENSE.

    (A) Applications for attendants' and attendant-drivers' licenses hereunder shall be made
upon the forms prepared or prescribed by the Emergency Services Commission and shall
contain the following information.

   (1) The applicant's full name and current residence.

   (2) The applicant's age, marital status, height, color of eyes, and hair.

    (3) Whether he has ever been convicted of a felony or misdemeanor, and if so, when,
        where, and for what cause.

    (4) The applicant's training and experience in the transportation and care of patients,
        whether he has previously been licensed as a chauffeur, attendant, or attendant-
        driver, and if so, when and where, and whether his license has ever been revoked or
        suspended in any jurisdiction and for what cause.

    (5) Two recent photographs of the applicant, of a size designated by the Commission, one
        of which shall be attached by the Commission to the license.

    (6) Other information the Commission shall deem reasonably necessary to a fair
        determination of compliance with this subchapter.

   (7) An accompanying license fee of $10.

    (B) The Commission shall, within 30 days after receipt of an application as provided for
herein, cause an investigation as it deems necessary to be made of the applicant for an
attendant's or attendant-driver's license. The Commission shall issue a license to an attendant
or attendant-driver hereunder, valid for a period of one year, unless earlier suspended,
revoked, or terminated, when it finds that the applicant meets the following standards.

    (1) Is not addicted to the use of intoxicating liquors or narcotics and is morally fit for the
        position.

   (2) Is able to speak, read, and write the English language.

    (3) Has been found by a duly licensed physician, upon examination attested to on a form
        provided by the Commission, to be of sound physique, possession of eyesight
                                                                                     Page 14 of 115


        corrected to at least 20/40 in the better eye, and free of physical defects or diseases
        which might impair the ability to drive an ambulance or attend a patient.

    (4) Has initially successfully completed basic and advanced first-aid training and technique
        and subsequently successfully completed annual approved refresher courses for
        ambulance attendants.

    (C) No one shall be licensed as an attendant-driver unless he holds a currently valid public
passenger chauffeur's license from the state. A license as attendant or attendant-driver issued
hereunder shall not be assignable or transferable. No official entry made upon a license may
be defaced, removed, or obliterated.
('60 Code, § 8-1809) (Ord. 4488, passed 10-6-70; Am. Ord. 4850, passed 12-18-73; Code
1989, § 114.013)

§ 114.014 OBEDIENCE TO TRAFFIC LAWS.

    (A) The attendant-driver of an ambulance, when responding to an emergency call or while
transporting a patient, may exercise the privileges set forth in this section, but subject to the
conditions stated herein, and only when the attendant-driver has reasonable grounds to
believe that an emergency in fact exists requiring the exercise of these privileges. Subject to
the provisions of subdivision (A), the driver of an ambulance may do the following.

    (1) Park or stand, irrespective of the otherwise applicable provisions of law, ordinance, or
        regulations.

    (2) Proceed past a red or stop signal or stop sign, but only after slowing down as may be
        necessary for safe operation.
    (3) Exceed the maximum speed limits permitted by law, ordinance, or regulation so long
        as he does not endanger life or property.

    (4) Disregard laws, ordinances, or regulations governing direction or movement or turning
        in specific directions.

    (B) The exemptions herein granted shall apply only when the ambulance is making use of
audible and visual signals meeting the requirements of law, ordinance, or regulations. The
foregoing provisions shall not relieve the attendant-driver of an ambulance from the duty to
drive with due regard for the safety of all persons, nor shall these provisions protect the
attendant-driver from the consequences of his reckless disregard for the safety of others.
('60 Code, § 8-1810) (Ord. 4488, passed 10-6-70; Code 1989, § 114.014)

§ 114.015 LICENSE RENEWAL.

    Renewal of any license hereunder, upon expiration for any reason or after revocation, shall
require conformance with all the requirements of this subchapter as upon original licensing.
('60 Code, § 8-1811) (Ord. 4488, passed 10-6-70; Code 1989, § 114.015)

§ 114.016 REVOCATION OF LICENSE.

     (A) The Emergency Services Commission may, and is authorized to, suspend or revoke a
license issued hereunder for failure of a person to maintain compliance with, or for his
violation of any applicable provisions, standards, or requirements of this subchapter, or of
regulations promulgated hereunder, or of any other applicable laws or ordinances or
                                                                                      Page 15 of 115


regulations promulgated thereunder, but only after written notice of charges has been served
upon the person, and a hearing on the charges conducted by the Commission. The
Commission shall, within three days after conclusion of the hearing, issue a written decision,
which shall include written findings, as to the suspension of the license. The written decision
shall be promptly transmitted to the person to whom it refers.

    (B) The initial, semi-annual, or other ambulance, equipment, premise, and personnel
inspection reports of the Commission herein provided for shall be prima facie evidence of
compliance or noncompliance with or violation of, the provisions, standards, and requirements
provided herein, and of the regulations promulgated hereunder, for licensing.

    (C) Upon suspension, revocation, or termination of an ambulance license hereunder, the
ambulance shall cease operations and no person shall permit the ambulance to continue
operations. Upon suspension, revocation, or termination of an attendant's or attendant-
driver's license hereunder, the attendant or attendant-driver shall cease to drive or attend an
ambulance and no person shall employ or permit that individual to drive or attend an
ambulance.
('60 Code, § 8-1812) (Ord. 4488, passed 10-6-70; Am. Ord. 4850, passed 12-18-73; Code
1989, § 114.016)

§ 114.017 RATE SCHEDULE. 4

   (A) The following rates shall be charged by the Fire Department for the following
emergency service.

    Section 1. The basic rate will be Two Hundred Fifty Dollars ($250.00).

   Section 2. Advanced life support fee will be Three Hundred Seventy-Five Dollars
($375.00).

    Section 3. Mileage for all trips outside the City of Gary will be calculated at a rate of Five
Dollars ($5.00) per mile to and from outside hospital.

    (B) The Board of Public Works and Safety is authorized to enter into Contracts with any
person for the collection of any emergency service rates.

       (C) The Board of Public Works and Safety is hereby authorized and empowered to
periodically cancel as uncollectable any of the following uncollected ambulance fees:

(1) contractual cancellation required by either Medicaid or Medicare;

(2) any debt discharged in bankruptcy, provided that the City receives a copy of the order of
the United States Bankruptcy Court in which the debtor's bankruptcy was filed, and

(3) any other debt deemed uncollectable by the City, after diligent attempts have been made
to collect the amount owed.

       (D) There shall be no charge for ambulance service for any City employee who requires
ambulance service for injury or illness covered under the City of Gary's Self-Funded Workers
Compensation Program. Further, there shall be no charge for ambulance service for any City of
Gary employee, retiree, or any dependent of such employee or retiree who is covered by the
City's Self Funded Employee Health Insurance Program.
                                                                                     Page 16 of 115


(Code 1989, § 114.017; Ord. 4850, passed 12-18-73; Am. Ord. 5932, passed 8-16-83; Ord.
No. 6561,§ 1, 9-3-1991; Ord. No. 6990, § 2, 5-19-1998; Ord. No. 7715, § 1, 4-5-2005)


                                     AMUSEMENT DEVICES

§ 114.020 DEFINITIONS.

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

    "AMUSEMENT DEVICE ARCADE." Any establishment, room, or place where more than five
coin operated amusement devices are available for public use, or any establishment, room, or
place where 25% or more of the public floor area is devoted to the placement of amusement
devices and are the primary or accessory use of the premises.

    "MECHANICAL OR ELECTRICAL AMUSEMENT DEVICE." Any machine, device, or game
which, upon the insertion of a coin, slug, token, plate, or disc, permits a person or operator to
use the device as a game, contest of skill or amusement, whether or not registering a score,
which may cause a person or operator of the same to secure some amusement, enjoyment, or
entertainment. It shall include, but not be limited to such devices as electronic or mechanical
game machines, pinball machines, skill ball, bowling machines, or any other mechanical or
electronic games or operations similar thereto, under whatever name they may be indicated.
This definition does not include coin-operated phonographs or merchandise vending machines.

    "OPERATOR" or "PERSON." Any person, firm, corporation, partnership, or association in
whose premises any mechanical or electronic amusement device or devices are placed or kept
for operation of the public.

     "VENDOR." Any person, firm, or corporation, partnership, or association, who owns, rents,
leases, controls, or has any legal title to mechanical or electronic amusement devices placed
or installed in the city for public use.
(Ord. 5888, passed 1-18-83; Code 1989, § 114.020)

§ 114.021 LICENSING PROVISIONS.5

     (A) Location. Every person or operator conducting, managing, or carrying on any
amusement device arcade, shooting gallery, shooting range, archery range, or carrying on any
game of ball rolling, ring throwing, disc throwing, stick throwing, or any game or games of
skill or science not otherwise specifically provided for in this subchapter, in which a charge is
paid to participate therein shall pay an annual license of $100.

    (B) Amusement device. No vendor shall use, exhibit, display, or cause to be exhibited or
displayed, any amusement device as described in § 114.020 in the city unless such device is
properly licensed by the city. Every amusement device shall be subject to annual license fee of
$25. All licenses granted hereunder shall be annual licenses and shall commence as of the first
day of July and shall expire on the thirtieth day of June of the following year.

    (C) Vendor. Every vendor as described in § 114.020 shall pay an annual license fee of
$100. All licenses granted hereunder shall be valid from January 1 and expire December 31 of
the calendar year. If any person or operator as described in § 114.020 is also a vendor as
described in § 114.020 he must obtain both licenses.
                                                                                Page 17 of 115



(D) Application for license.

(1) Application for a license must be made to the city controller's office.

(2) Application for a vendor license shall be made by the vendor. The application shall
    state the following.

    (a) The name of the vendor, or if a firm, partnership, corporation, or association, then
        the names and addresses of the officers and the name of the resident manager or
        other person in charge.

    (b) The business address.

    (c) The business telephone number.

    (d) Any other information deemed relevant.

(3) Application for an amusement device license shall be made by the vendor. The
    application shall state the following.

    (a) The name of the vendor.

    (b) The age and birthdate of the operator.

    (c) The name, address, and telephone number of the location in which the devices will
        be displayed.

    (d) The normal business hours.

    (e) The primary type of business.

    (f) The manufacturer, model name, type, serial number, or other identification.

    (g) Any other information deemed relevant.

(4) Application for location shall be made by the location owner or operator. The
    application shall state the following.

    (a) The location name, address, and telephone number.

    (b) The primary type of business.

    (c) The normal business hours.

    (d) The vendor of the devices.

    (e) The number of devices displayed.

    (f) The name and address of the building owner.

    (g) The name, residential address, and telephone number of the person in charge of
        operation.
                                                                                       Page 18 of 115



        (h) Any other information deemed relevant.

    (5) The proper fees must accompany all applications.

     (E) Application; investigation; recommendation procedure. All applications shall be
referred to the City Controller's office and then to the Chief of Police and Fire Chief for purpose
of investigation. The Chief of Police and the Fire Chief shall be allowed ten days to investigate
and act upon the application. A permit shall be approved, in writing, unless it is found and
determined that either the application fails to conform to the requirements of this subchapter,
or approval of the permit would be detrimental to the public health, safety, morals, or general
welfare. Any interested party may appeal the decision by filing a written notice of appeal with
the City Controller's office within ten days from the date of the decision. The Planning
Commission shall hold a hearing upon any such appeal and its decision shall be final.

    (F) Issuance of license; contents; posting.

    (1) Upon approval of the application by all departments concerned, a license will be
        issued. Each license for a vendor or location shall show the following.

        (a) The name of the licensee.

        (b) The address of the licensee.

        (c) The expiration date of the license.

    (2) Any holder of such a license must display the license in a conspicuous position or have
        it visibly displayed in the place of business. Each license for an amusement device
        shall show the following.

        (a) The name of the place of business.

        (b) The address of the place of business.

        (c) The vendor's name.

        (d) The serial number of the license.

        (e) The expiration date of the license.

        (f) A sufficient description of the particular device.

    (3) Any holder of such a license shall keep the same in a position where it is conspicuous
        and readily available for inspection by any authorized agent or department upon
        demand.

    (G) License transfer. A license may be transferred from one machine to another by giving
notice to the City Controller to that effect and giving a description of the new machine and of
the one being replaced. No fee will be required unless the total amount of machines increases.
No refunds or rebates will be given for machines removed before the expiration of a license.
(Ord. 5888, passed 1-18-83; Code 1989, § 114.021)

§ 114.022 AMUSEMENT DEVICE ARCADE PERMIT. 6
                                                                                     Page 19 of 115



    (A) In the event an application is made for an amusement device or devices which,
together with any other such devices on the premises, are of a sufficient number to qualify the
premises as an amusement device arcade as defined in § 114.020, the application shall be
subject to investigation by the Planning Director in addition to the approval specified in §
114.021(E). Upon receipt of the application, the Planning Director shall determine if the
premises are zoned for the proposed use. The premises shall be deemed properly zoned for
the use if a special use permit has been secured, and all other requirements of this subchapter
have been met.

   (B) Application for a permit to operate any game amusement exhibition, or recreational or
mechanical amusement device shall be made to the City Controller's office on forms provided
by the Controller, which application shall be signed by the applicant and filed with the
Controller of the city and shall contain the following information.
   (1) Name of the applicant.

   (2) Business address of applicant.

   (3) Residence address of applicant.

   (4) Date and place of birth of applicant.

    (5) The address and name of the owner, lessee, or other person in control of the
        establishment or establishments wherein the game, recreational or mechanical
        amusement device or devices are proposed to be located.

   (6) The proof of the citizenship of the applicant.

    (7) If the applicant has been convicted of any felony or misdemeanor, then a statement
        concerning the same should be required of the applicant, giving the time and place of
        such convictions.

    (8) A statement that the game, recreational or mechanical amusement device or devices
        for which a license is sought is not intended to be, and will not be permitted to be
        used for any gambling purpose whatsoever.

    (9) A complete description of the game, recreation or mechanical amusement device or
        devices, and the manner in which they are to be placed and operated.

    (10) A statement of the total number of such games and devices currently on the
        premises, if any, and a description of each.

    (11) A statement of the applicant's interest in, or title to the game, recreational or
        mechanical amusement device or devices for which a license is sought.

    (12) If the applicant is a corporation, the name of the corporation shall be set forth
         exactly as shown in its Articles of Incorporation or Charter, together with the state
         and date of incorporation and names and residence addresses of each of its current
         officers and directors, and of each stockholder holding more than 5% of the stock of
         the corporation. If the applicant is a partnership, the application shall set forth the
         name and residence addresses of each of the partners, including limited partners. If
         one or more of the partners is a corporation, the provisions of this division pertaining
         to corporation applicants shall apply. The applicant corporation or partnership shall
                                                                                     Page 20 of 115


        designate one of its officers or general partners to act as its responsible managing
        officer. That person shall complete and sign all application forms required of an
        individual applicant under this subchapter. The corporation's or partnership's
        responsible managing officer must at all times meet all of the requirements set for
        permittees by this subchapter, or the corporation or partnership permit shall be
        suspended until a responsible managing officer who does meet all such requirements
        is designated. If no such person is named within 90 days, the corporation or
        partnership is deemed cancelled and a new initial application for permit must be filed.
        An application fee of $100 must be filed with the request.
(Ord. 5888, passed 1-18-83; Code 1989, § 114.022)

§ 114.023 LOCATION.

    (A) Any establishment that is subject to this subchapter may not be in operation within a
1,000-foot radius of a school, up to the twelfth grade. This may only be waived by the Plan
Commission upon finding that such activity would not be detrimental to the public welfare and
morals with recommendations from the administrator of the affected school.

    (B) Any establishment that is subject to this subchapter may not be in operation within a
1,000-foot radius of a house of worship.

    (C) Any establishment that is subject to this subchapter may not be in operation within a
5,000-foot radius of an existing licensed automatic amusement device establishment.

    (D) All distances are to be measured in the same manner that distances from schools or
houses of worship are measured for similar restrictions imposed and interpreted, for alcoholic
beverage licensed premises, by the Alcoholic Beverage and Tobacco Commission.
(Ord. 5888, passed 1-18-83; Code 1989, § 114.023)

§ 114.024 UNLAWFUL DEVICES.

    (A) Nothing in this subchapter contained shall be construed to permit the licensing,
maintenance, or operation of any mechanical device or apparatus which is contrary to any of
the laws of the state or the ordinances of the city; not to permit the operation of any
mechanical play device licensed hereunder in such a manner as to be contrary to any of said
laws or ordinances.

     (B) In the event that any person or persons, firm, copartnership, or corporation shall
conduct, carry on, or manage the business of maintaining any game, exhibition, shuffleboard
game, or recreational, mechanical, or musical device or shall operate any of such devices
without obtaining a license therefore, or shall fail to pay the license fees therefor as provided
in this subchapter, the Chief of Police shall seize such games, exhibition, amusement,
recreational, mechanical, or musical device and hold them as security for the payment of the
license fee, and until a license is obtained or renewed, and in the event the person owning or
having control or possession of the device shall fail, within a period of 30 days, to obtain a
license or pay any license due, then and in that event the device shall be disposed of as
follows: The device or devices or so many thereof shall be sold to satisfy the amount of license
fees due the city and any device or devices not sold shall be returned to the owner thereof,
and provided further that in the event the device or devices be sold for a sum less than the
amount of the license fee, that the operator of the devices shall nevertheless, remain liable for
the balance of such license fees due and unpaid thereon.
(Ord. 5888, passed 1-18-83; Code 1989, § 114.024)
                                                                                 Page 21 of 115


§ 114.025 MINORS.7

     No person under the age of 18 years shall be permitted on the premises of any billiard
hall, poolroom, or any premises containing one or more mechanical or electrical amusement
devices before the hour of 4:00 p.m. on any day the Gary Public Schools are in session unless
accompanied by his parent or legal guardian.
(Ord. 5888, passed 1-18-83; Am. Ord. 5933, passed 8-16-83; Code 1989, § 114.025)
                                                                                       Page 22 of 115


                                   BILLIARD AND POOL HALLS

§ 114.030 LICENSE REQUIRED; APPLICATION; FEES. 8

   (A) No person, firm, or corporation shall operate, maintain, or conduct a billiard, pool,
bagatelle, or pigeonhole room without having first obtained a license.

    (B) Application for licenses shall be made to the City Controller in writing signed by the
applicant, if an individual, if a partnership by all partners, if a corporation by a duly authorized
agent, verified by oath or affidavit and shall contain the following statements and information.

    (1)    The name, age, home address, occupation, and social security number of the
          applicant in the case of an individual; in the case of a partnership, the persons
          entitled to share in the profits thereof; in the case of a corporation, all officers and
          directors, and if a majority interest of the stock of the corporation is owned by one
          person or his nominee, then that person shall be included. If a corporation, a copy of
          the articles of incorporation approved by the Secretary of State shall be attached.

    (2) Business address of the proposed location of applicant's business.

    (3) Name and home address of the owner of the real property, of the proposed location of
        applicant's business.

    (4) A statement as to whether the applicant had made application for any license issued
        by the city and the disposition of the other applications.

    (5) A statement as to whether any previous license issued to the applicant by any state
        or subdivision thereof or by any federal agency or department has been revoked or
        suspended and the reasons therefor.

    (6)    A statement as to whether the applicant has been convicted of any crime or
          misdemeanor, if an individual; in the case of a partnership, the persons entitled to
          share in the profits thereof; in the case of a corporation, all officers and directors,
          and if a majority interest of the stock of the corporation is owned by one person or
          his nominee, then that person shall be included. The statement shall include the
          nature of the offense, date of conviction, court where convicted, and punishment or
          penalty assessed therefor.

    (7) If the business is to be managed by anyone other than an individual applicant, then
        the applicant shall state the name and home address, social security number, present
        occupation, and a statement of any convictions of any crime or misdemeanor
        including the nature of the offense and date of conviction, court where convicted, and
        punishment or penalty assessed therefor of any person or persons who will manage
        or operate the business.

    (8)   The fingerprints of the applicant, if an individual; in the case of a partnership, all
          persons entitled to share in the profits thereof; in the case of a corporation, all
          officers and directors, and if a majority interest of the stock of the corporation is
          owned by one person or his nominee, then that person shall be included. In the event
          a manager is employed, then the manager shall be included. The fingerprints shall be
          taken by the Police Department.

    (9) A description of the premises of the proposed location indicating the dimensions of all
                                                                                      Page 23 of 115


         rooms, the location of the tables, the location of exits and other information
         requested by the Controller in order to determine whether the premises complies
         with all applicable laws.

    (10) The name of at least two reliable real property owners of Lake County who will certify
         as to the good character and business respectability of the applicant, if an individual;
         in the case of a partnership, all persons entitled to share in the profits thereof; in the
         case of a corporation, all officers and directors, and if a majority interest of the stock
         of the corporation is owned by one person or his nominee, then that person shall be
         included. In the event the applicant cannot provide these names, then in lieu thereof
         the applicant shall state the reasons for noncompliance and may then provide other
         available evidence that may be requested by the City Controller to show the good
         character and business responsibility of the applicant.

    (C) The annual fee for the license shall be determined according to the schedule of fees as
shall be modified from time to time by the Common Council as follows.

         1-5 tables                                                $50.00
         6-11 tables                                                50.00
         plus 7.50 for each table over five
         12 or more tables                                         100.00
(Ord. 4755, passed 2-6-73; Code 1989, § 114.030)

§ 114.031 INVESTIGATION OF APPLICATION.
    (A) Upon receipt of the application, together with the prescribed fee, the City Controller
shall make a record of the date the application and fee are received and shall initiate an
investigation of the application. The City Controller may request the aid and assistance of any
department head of the city in conducting the investigation. The department head shall make
any report in writing. All reports shall be dated upon receipt by the City Controller.

    (B) If it shall appear to the City Controller, after review of the application, inspection,
interview, and any reports received from any department head that the applicant has
committed one or more of the grounds set forth in § 114.032 114.028, then the City
Controller shall refuse the application and return the fee with a written explanation and the
appeal rights of the applicant, and date the return of the application to the applicant. All
investigations shall be completed within 90 days from the date the application is received.
(Ord. 4755, passed 2-6-73; Code 1989, § 114.031)

§ 114.032 GROUNDS FOR DENIAL OR REVOCATION OF LICENSE; APPEAL.

    (A) The issuance or renewal of any license may be denied and any existing license may be
revoked for one or more of the following reasons.

    (1) Any false statement or misrepresentation of fact contained in the application.

   (2) Non-compliance with or violation of any provision of this subchapter.

   (3) Conviction of a felony.

    (4) Maintenance or operation of a business licensed under this subchapter in such a
        manner as to constitute a public nuisance.

    (5) Immoral or disreputable character or reputation of the applicant. In determining
                                                                                      Page 24 of 115


        whether the applicant is of good character and reputation the following factors shall be
        considered.

        (a) Whether the applicant has been convicted of any crime and if so, the nature of the
            crime, sentence imposed, and length of time subsequent to conviction.
        (b) Whether the applicant has been refused a license or has had a license revoked and
            the reasons for the refusal or revocation.

        (c) The character and business reputation of the applicant in the community.

    (6) Immoral or disreputable character or reputation of any partner in cases where the
        applicant is a partnership.

    (7) Immoral or disreputable character or reputation of any officer, director, or majority
        stockholder, where the applicant is a corporation.

    (8) Immoral or disreputable character or reputation of the manager of the applicant.

    (B) Any applicant who has been denied issuance of a license or has been denied renewal
of a license by the Controller shall have the right to appeal the decision to the Board of Public
Works and Safety. The applicant shall initiate the appeal by filing a notice of appeal with the
Clerk of the Board of Public Works and Safety. The Clerk shall notify the Board of Public Works
and Safety at its next regular meeting at which time the Board shall set a date for hearing on
the appeal, which shall be not less than seven days nor more than 30 days after the regular
meeting. The Board shall notify the applicant of the date of the hearing by certified mail.

    (C) All hearings shall be open to the public. The Board shall have the power to administer
oaths, and compel the attendance of witnesses and the production of documents. All
testimony shall be under oath, and shall be transcribed and recorded in accordance with Trial
Procedure Rule 74 of the Indiana Rules of Court. The applicant shall have the right to be
represented by counsel. The applicant shall have the right to call and subpoena witnesses, and
to cross-examine witnesses.

    (D) Upon submission of the evidence and within ten days following the hearing, the Board
shall enter its findings and decision. A copy of the decision shall be sent to the applicant by
certified mail.
(Ord. 4755, passed 2-6-73; Code 1989, § 114.032)

§ 114.033 REGULATIONS; EXEMPTIONS.

    (A) The holder of any license issued pursuant to this subchapter shall at all times comply
with the following regulations.

    (1) Minors under the age of 18 years shall under no circumstances frequent, loiter, go, or
        remain in any hall licensed hereunder at any time, unless it be upon some lawful
        errand and sent under the direction and the consent and knowledge of the parent,
        guardian, or other person having the lawful custody of the minor. It shall be unlawful
        for the proprietor of any hall so licensed to allow or permit any minor to frequent,
        loiter, or remain within the hall in violation of this section.

    (2) No billiard or pool room shall be kept open later than 12:00 p.m. midnight.

    (3) No billiard or pool room shall be operated, maintained, or conducted in such a manner
                                                                                     Page 25 of 115


        as to constitute a common nuisance.

    (4) No license issued pursuant to this subchapter shall be transferred to any other person,
        partnership, or corporation.
    (5) All licenses issued pursuant to this subchapter shall be conspicuously posted in the
        licensed premises.

    (6) All billiard and pool rooms shall be open for inspection by authorized city officers and
        employees during normal business hours.

    (B) The provisions of this subchapter shall not apply to any billiard or pool table owned
and operated by a private family in their residence, nor to any billiard or pool table owned and
maintained by any non-profit organization for charitable, benevolent, or educational purposes.
(Ord. 4755, passed 2-6-73; Code 1989, § 114.039)

                                  CHILD-CARE FACILITIES*9

*State law reference – Day care regulation, IC 12-17.2-1-1 et seq.

§ 114.040 DEFINITIONS.

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

    "CHILD-CARE CENTER." Cooperative or community child-care centers and any and all
places, institutions, or organizations of any kind or nature, where pre-school training is
provided for hire for six or more children of pre-school age, and where pre-school training is
conducted separate and apart from the parents of one or more of the children during any part
of the day, and not conducted with, in, by, or as a part of, the public or parochial school
systems, and which place or institution is not licensed by the state as a child-care institution,
day nursery, or children's home.

    "FIRE INSPECTOR." The City Fire Inspector or his authorized representative.

    "FOOD OR FOODSTUFFS." All articles used as food, drink, confectionery, or condiment,
whether simple, mixed, or compound, and all substances or ingredients used in the
preparation thereof.
    "HEALTH OFFICER." The Director of Public Health of the City or Lake County or his
authorized representative.

    "UTENSIL." All containers or any equipment of any kind or nature with which food comes
in contact after delivery to the child-care center, during storage, preparation, service, or
consumption thereof.
(Ord. 4550, passed 6-16-71; Code 1989, § 114.040)

§ 114.041 PERMIT, CERTIFICATE, AND LICENSE.

    (A) It shall be unlawful for any person to conduct or operate a child-care center in the city
who does not possess a valid permit from the Health Officer. The permit shall be posted in a
conspicuous place in the premises used for the child-care centers. Only persons who comply
with the applicable requirements of this subchapter shall be entitled to receive and retain a
permit. The permit for operation of the child-care center shall be for a term of one year
beginning January 1 and expiring December 31 of the same year and shall be renewed
                                                                                      Page 26 of 115


annually. Any permit issued by the Health Officer shall contain the name and address of the
person to whom the permit is granted, the address of the premises for which the permit is
issued, and other pertinent data required by the Health Officer. A permit shall be issued to any
person upon application, after inspection and approval by the Health Officer, provided the
child-care center for which the permit is sought complies with all applicable provisions of this
subchapter. No permit shall be denied or revoked on arbitrary or capricious grounds.

   (B) It shall be unlawful for any person to conduct or operate a child-care center in the city
who does not possess a valid certificate of inspection from the Fire Department.

    (C) It shall be unlawful for any person to operate a child-care center in the city who does
not possess a valid license for the operation of the establishment. The license shall be for a
term of one year beginning January 1 and expiring December 31 of the same year and shall be
renewed annually. The fee for the annual license shall be $50 for the year beginning January 1
through December 31 of the same year or 1/12 of the permit fee if applied for in any other
month. The license shall be issued by the City Controller, if there is presented a valid permit
issued by the Health Officer, and a valid certificate of fire inspection by the Fire Department
with the payment of a license fee. Non-profit organizations shall be exempted from a license
fee, but shall be required to meet all other stipulated regulations in this subchapter. Non-profit
status will only be acknowledged by state incorporation papers.
(Ord. 4550, passed 6-16-71; Code 1989, § 114.041)

§ 114.042 BUILDINGS AND GROUNDS.

    (A) No room used as or for a child-care center shall have more than two-thirds of its clear
floor-to-ceiling height below the average grade of the adjoining ground. This requirement may
be waived by the Health Officer or Fire Inspector if all other requirements of this section are
complied with.

   (B) The minimum allowance of usable space for each child in a play room shall be 20
square feet and in a study room shall be ten square feet of floor space.

    (C) Every room used for child-care purposes shall have at least one window opening upon
a public thoroughfare, yard, or court, which thoroughfare, yard, or court shall be not less than
ten feet in depth and shall extend the length or width of the building. The minimum total
window area shall equal 10% of floor area of the room involved, however, the requirements of
this division may be waived by the Health Officer or Fire Inspector if adequate artificial
ventilation and lighting are provided.

    (D) Adequate ventilation by natural or mechanical means shall be provided in each room.

    (E) All parts of the building used by the children shall be adequately lighted and heated.

   (F) When the street temperature is less than 55ºF., a temperature of between 68º and
76ºF shall be maintained in all rooms used by the children.

    (G) All walls, ceilings, and floors shall be finished so as to be readily washable or
cleanable.

   (H) All parts of the premises and all furnishings, equipment, and materials used shall be
kept at all times in a sanitary condition free from flies, rodents, and other vermin.

    (I) A properly ventilated space, acceptable to the Health Officer and the City Fire
                                                                                     Page 27 of 115


Inspector, shall be available for the temporary isolation of any child having symptoms of
sickness, pending proper disposition of the case, provided the child-care center has enrollment
of six or more students.

     (J) The building in which the child-care center is conducted or held, prior to securing this
initial permit from the Health Officer, must have a statement from the Fire Inspector of the city
or his representative certifying that the building is safe for the proposed use. Thereafter, the
building shall meet all requirements of this agency. The City Fire Inspector shall inspect each
child-care center once each 90 days. One fire drill shall be conducted once a month and a list
of emergency telephone numbers shall be conspicuously displayed near or on each telephone.
(Ord. 4550, passed 6-16-71; Code 1989, § 114.042)

§ 114.043 EQUIPMENT AND FURNISHINGS.

    (A) Equipment and furnishing of the child-care center shall be kept clean, safe, and
sanitary. The equipment shall be free from sharp, loose, or pointed parts and all paints used
shall be lead-free.

     (B) Except as otherwise approved by the Department of Health, there shall be provided
within the building, convenient to class or playroom, an adequate number of stationary wash
basins with hot, not to exceed 120ºF., and cold running water, waste connections, and flush
toilets, each of such height and size as to be easily used by the children. Where new
equipment is being installed or replacements made, toilet seats with open fronts and of low
height and small size so as to be easily and safely used without necessitating steps or
platforms shall be provided. The minimum allowance of toilet facilities shall be one flush toilet
for each ten children and one stationary faucet for every 20 children. An adequate supply of
hot and cold running water shall be provided and the plumbing shall be of a safe, sanitary
type.

   (C) Every toilet room, lavatory, and water closet compartment shall have a window area
equal to 10% of the floor area, or the room or compartment shall be equipped with a
ventilation system approved by the Health Officer.

   (D) All liquid waste shall be disposed of in a public sanitary sewage system or by other
methods approved by the Health Officer.

    (E) Drinking water supplies by sanitary means shall be easily accessible to class or play
rooms and individual disposable drinking cups shall be provided. If fountains are provided,
they must be equipped with a sanitary type guarded angle stream jet head and adjustable
volume regulator. The jet opening or orifice shall not be below the flood rim of the fixture. If
drinking fountains are used, there shall not be less than one fountain for each 40 children. If
the water supply is other than the public water supply, it shall be approved by the Health
Officer.

    (F) An approved Red Cross first aid kit shall be provided and kept completely stocked for
emergency treatment, readily available at all times, and at least one staff member of those in
charge of the children shall be qualified to administer first aid.
     (Ord. 4550, passed 6-16-71; Code 1989, § 114.043)

§ 114.044 CARE OF FOODS AND UTENSILS.

   (A) All foodstuffs shall be stored, prepared, and served in compliance with the Health
Department.
                                                                                    Page 28 of 115



   (B) Multi-use eating and drinking equipment and utensils shall be subjected to washing
and bactericidal treatment between uses and the washing and bactericidal treatment shall be
by means approved by the Health Officer.

   (C) All food, including milk and dairy products, shall be from a source approved by the
Health Officer.

    (D) All refuse, including garbage, shall be stored in watertight noncorrodible metal
containers equipped with tight-fitting lids.

    (E) No alcoholic beverages shall be permitted on the premises during the hours that the
property is used as a child-care center.
    (Ord. 4550, passed 6-16-71; Code 1989, § 114.044)

§ 114.045 ADMISSIONS.

    The number of children specified in the permit is the maximum number permitted in the
child-care centers at any one time. Children with any known communicable disease shall not
be admitted.
     (Ord. 4550, passed 6-16-71; Code 1989, § 114.045)

§ 114.046 HEALTH AND MEDICAL CARE.

    (A) Each director shall assume the responsibility for encouraging medical examinations
and for following through on prophylactic shots for each child. A health and weight record shall
be kept on each child and any pertinent health information shall be incorporated into this
record.

    (B) All operators or employees of child-care centers, shall be required to submit to
physical examinations as the Health Officer may require for the purpose of determining
freedom from infection.

    (C) An inspection shall be made of the children each morning by a person who is familiar
with the child and who is competent to recognize symptoms of communicable disease and ill
health.

    (D) Communicable disease.

    (1) If any child in the child-care center develops symptoms of illness, he or she shall be
        isolated from the other children until the child can be safely removed from the child-
        care center. If symptoms point to a communicable disease as listed in communicable
        disease regulations of the State of Indiana State Department of Health HCD 1-25 (410
        IAC 1 thru 410 IAC 25), notice shall be given to the parent or guardian of the child
        immediately, along with all parents who have children enrolled in the center.

    (2) Children, directors, teachers, employees, or other agency personnel with a
       communicable disease, or who have recently recovered from a communicable disease,
       as listed in communicable disease regulations of the State of Indiana State
       Department of Health HCD 1-25 (410 IAC 1 thru 410 IAC 25), shall be excluded from
       attendance at the center for the amount of time prescribed by the center's physician
       or the local Health Officer.
                                                                                      Page 29 of 115


     (E) When cases of accident or serious illness call for immediate medical care, the child-
care center shall be responsible for promptly notifying the parent or guardian of the child. The
director of the center shall get permission at the time the child is enrolled to notify a physician
if the parent is not available.

    (F) Where an outdoor play space is provided, it shall be made and kept a safe and sanitary
place. Outdoor play shall be under the supervision of an adult attendant. Adequate space shall
be provided for outdoor play.

    (G) If food is provided, it shall be nourishing and shall follow a standard diet acceptable to
the Health Officer and adapted to the different age groups of children attending the center.

    (H) The child-care center shall carry sufficient forms and amounts of insurance to give
reasonable protection for liability risks involved in the provision of service. Insurance shall
include but not be limited to public liability insurance, automobile liability, and property
damage insurance when the child-care center uses an automobile, whether it is owned by the
center, an employee, or a volunteer. The adequacy of the insurance is to be determined by the
Health Officer.
     (Ord. 4550, passed 6-16-71; Code 1989, § 114.046)

§ 114.047 PERMANENT REGISTER.

    A permanent register shall be kept of, the name, home address, allergies, and birth date
of each child admitted; the names and home addresses of the parent or guardian, the place at
which the parent or guardian can be reached in case of emergency during the hours when the
child is in the care of the center; the date of admission and the date of discharge and reason
therefor. A daily record of attendance shall be kept.
     (Ord. 4550, passed 6-16-71; Code 1989, § 114.047)

§ 114.048 INSPECTIONS.

    All child-care centers and their records shall be open at all times during usual business
days and hours for inspection by the Health Officer, the City Fire Inspector, and other properly
authorized personnel.
     (Ord. 4550, passed 6-16-71; Code 1989, § 114.048)

§ 114.049 ENFORCEMENT.

    This subchapter shall be enforced by the city, which shall adopt those measures deemed
necessary to facilitate its enforcement.
(Ord. 4550, passed 6-16-71; Code 1989, § 114.049)

§ 114.050 SUSPENSION, REVOCATION OF PERMITS.

    (A) When the Health Officer, Fire Inspector, or other authorized personnel determines that
there has been a violation of this subchapter, the Health Officer, Fire Inspector, or other
authorized personnel shall give notice of the violation to the permit holder. This notice shall
meet the following requirements.

    (1) Be in writing.

    (2) Include a statement describing the violation and section of this subchapter violated.
                                                                                    Page 30 of 115



    (3) Include a statement of the remedy or correction required.

    (4) Give a reasonable time for the remedy or correction thereof.

     (5) Be given by registered mail to the address of the permittee as shown on the
          application for a permit or license.
     (B) The permit holder may request a hearing before the Health Officer, Fire Inspector, or
other authorized personnel and shall be granted a hearing, if the request is made within ten
days of the order's issuance. If no request for a hearing before the Health Officer, Fire
Inspector, or other authorized personnel is filed within ten days after its issuance, service by
depositing in registered U.S. Mail, addressed to the last known address of the person to whom
the order is directed, the order shall be deemed final and effective, and if the permit holder
fails to comply with the terms of the order the permit may be suspended or revoked.

    (C) Within ten days after any hearing before the Health Officer, Fire Inspector, or other
authorized personnel as provided above, shall take final action and enter the order as they
shall determine in the proceedings and shall notify the applicant or permittee in writing by
registered mail, directed to the address given in the application or permit. The applicant or
permittee, within ten days of the receipt of the notice, may appeal from the decision of the
Health Officer, Fire Inspector, the Board of Health, or the City Fire Chief by written notice of
the applicant or permittee's request by registered U.S. Mail.
    (Ord. 4550, passed 6-16-71; Code 1989, § 114.050)

§ 114.051 PERMIT REINSTATEMENT.

    Any child-care center the permit of which has been suspended, may at any time make
written application for the reinstatement of the permit. Within one week after the receipt of a
satisfactory application, accompanied by a statement signed by the applicant to the effect that
the violated provision or provisions of this subchapter have been conformed with, the Health
Officer or Fire Inspector shall make a re-inspection as he may deem necessary to assure
himself that the applicant is again complying with requirements and, in case the findings
indicate compliance shall recommend reinstatement of the permit.
(Ord. 4550, passed 6-16-71; Code 1989, § 114.051)

§ 114.052 REVOCATION OF LICENSE.

    All recommendations by the Health Officer, Fire Inspector, or other properly authorized
personnel shall be directed to the City Controller for revocation of license.
    (Ord. 4550, passed 6-16-71; Code 1989, § 114.052)

                                      COAL AND COKE10

§ 114.060 DEALERS OR DISTRIBUTORS.

    For the purpose of this subchapter a "COAL AND COKE DEALER OR DISTRIBUTOR" shall be
one who does not have or operate a regularly established coal or coke yard equipped with
platform scales approved by the City Sealer.
    ('60 Code, § 7-601; Code 1989, § 114.060)

§ 114.061 SALE AND DELIVERY.
                                                                                     Page 31 of 115


    All coal and coke sold by any dealer or distributor, to ultimate consumers in the city and
delivered to them by means of trucks or other vehicles, whether hauled directly from the
mines or place of production or otherwise, shall be sold by net weight and shall, prior to
delivery thereof, be weighed over the scale approved by the City Sealer at the places and
times fixed by him.
    ('60 Code, § 7-602; Code 1989, § 114.061)

§ 114.062 WEIGHING OF VEHICLES.

   (A) Nothing contained in this subchapter shall prevent the City Sealer from requiring the
empty truck or other empty vehicle to be weighed as often as he may deem proper and
necessary in order to insure to the ultimate consumer a just and true weight of coal or coke.
   ('60 Code, § 7-603; Code 1989, § 114.062)

    (B) Should a dealer or distributor regulated under this subchapter at any time have coal or
coke on a truck or other vehicle intended for delivery to more than one ultimate consumer, he
shall have the delivery equipment reweighed as often as may be required in order to provide
each ultimate consumer a true and correct weight.
    ('60 Code, § 7-604; Code 1989, § 114.062)

                              DRY-CLEANING ESTABLISHMENTS11

§ 114.065 DEFINITIONS.

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

     "DRY-CLEANING PLANT ESTABLISHMENT." Any place, building, structure, room,
establishment, or portion thereof which is used for the purpose of dry-cleaning of clothing,
materials, or fabrics by any solvent other than water, and shall include, but not by way of
limitation, any place where any self-service machine is rented for compensation for the dry-
cleaning of clothing, materials, or fabrics on a time or per-load basis.

    "QUALIFIED ATTENDANT." Any person having either at least one year's experience with the
operational procedure of a dry-cleaning plant system or who shall have completed the
prescribed course in dry-cleaning conducted at the National Institute of Dry Cleaning, and who
holds a certificate of fitness.
    ('60 Code, § 7-2701(Ord. 3669, passed; Code 1989, § 114.065)

§ 114.066 QUALIFIED ATTENDANT REQUIRED.

    It shall be unlawful for any person to operate a dry-cleaning plant establishment in the city
who does not have a qualified attendant on the premises at all times that the dry-cleaning
equipment of the establishment may be open for business to the public.
    ('60 Code, § 7-2702) (Ord. 3669, passed; Code 1989, § 114.066)

§ 114.067 CERTIFICATE OF FITNESS.

     Certificates of fitness shall be issued by the officer in the Fire Department of the city in
charge of the Bureau of Fire Prevention. Before the issuance of any certificate of fitness, the
officer in charge of the Bureau of Fire Prevention shall examine the applicant as to his
qualifications. To receive a certificate of fitness the applicant must meet the following
                                                                                     Page 32 of 115


requirements.

      (A) Be a citizen of the United States.

    (B) Be at least 21 years of age.

     See In re Griffiths, 413 U.S. 717, 93 S. Ct. 2851, 37 L. Ed. 2d 910 (1973) (citizenship as
prerequisite to practice law unconstitutional); Examining Board of Engineers v. de Otero, 426
U.S. 572, 96 S. Ct. 2264, 49 L. Ed. 2d 65 (1976) (law denying civil engineer=s license to alien
unconstitutional); Bernal v. Fainter, 467 U.S. 216, 104 S. Ct. 2312, 81 L. Ed. 2d 175 (1984)
(law denying notary public commission to alien unconstitutional); Takahashi v. Fish & Game
Commission, 334 U.S. 410, 68 S. Ct. 1138, 92 L. Ed. 1478 (1948) (law denying commercial
fishing license to persons ineligible for citizenship unconstitutional).

    (C) Be able to read, understand, and speak the English language.

    (D) Show by written certification that he has had at least one year's experience with the
        operational procedure of a dry-cleaning plant system or is a graduate of the dry-
        cleaning course conducted at the National Institute of Dry Cleaning.

    (E) Be familiar with the risks incident to the service to be performed by him, and capable
        of taking all necessary precautions in handling of noxious or flammable solvents.
('60 Code, § 7-2703) (Ord. 3669, passed; Code 1989, § 114.067)

§ 114.068 CERTIFICATE FEE.

    The annual fee for the issuance or renewal of any certificate of fitness shall be $25, and
shall be paid to the City Controller with the application for the certificate.
    ('60 Code, § 7-2704) (Ord. 3669, passed; Code 1989, § 114.068)

                                        FLEA MARKETS

§ 114.070 DEFINITION.

    For the purpose of this subchapter the following definition shall apply unless the context
clearly indicates or requires a different meaning.

    "FLEA MARKET OPERATION." Any facility where activities take place commonly known as
but not limited to swap shop, penny markets, rummage sales, garage sales, and where
tangible articles are bought, sold, or exchanged.
(Ord. 5792, passed 10- -81; Code 1989, § 114.070)

§ 114.071 LICENSE REQUIRED; APPLICATION; FEE.

    (A) It shall be unlawful for any person to operate a flea market in the city without first
obtaining a license therefore for each separate place, premise, or location where such a
business is to be carried on.

    (B) Applications for such licenses shall be made to the City Controller in writing and shall
state the location intended to be occupied.

    (C) The annual license fee for operating a flea market shall be as set forth by the city from
                                                                                      Page 33 of 115


time to time and no license shall be issued except upon payment of the fee.
(Ord. 5762, passed 10- -81; Code 1989, § 114.071)

                                 GASOLINE SERVICE STATIONS

§ 114.075 PURPOSE.12

    It is the purpose of this subchapter to prevent the display of signs which obstruct the view
of sidewalks, streets, and driveways to motorists entering, leaving, and passing gasoline
service stations, to prevent false and misleading advertising concerning the sale of gasoline,
and to protect the operators of gasoline service stations from being coerced into engaging in
gasoline price competition which prevents the economical operation of gasoline service
stations thereby depriving patrons of these stations of the service of skilled and qualified
attendants.
    ('60 Code, § 7-2801) (Ord. 3632, passed; Code 1989, § 114.075)

§ 114.076 DISPLAY OF SIGNS.

    No sign or placard shall be displayed at any gasoline service station between the street or
highway right-of-way and the point furthest from the highway right-of-way upon the area
normally used by motor vehicles in receiving gasoline or motor fuel dispensed at the service
station, with the following exceptions.

    (A) Signs with the lowest point of the sign being ten feet above the street or highway
        level, which contain no reference to the price of gasoline or other commodities sold
        commercially at the gasoline service station.

    (B) A sign or placard not less than seven inches in height and eight inches wide or larger
        than 12 inches in height and 12 inches wide which states in figures clearly legible of
        uniform size, the selling price per gallon of motor fuel. The sign may contain the trade
        name, brand, mark, or symbol, grade, or quality classification of petroleum products,
        the amount of governmental tax to be collected in connection with the sale of
        gasoline, and the sign must be displayed or posted and maintained on the dispensing
        equipment from which the motor vehicle fuel is sold.
('60 Code, § 7-2802)(Ord. 3632, passed; Code 1989, § 114.076)

§ 114.077 PUBLIC RESTROOMS.

       The owner or operator of any gasoline service station shall provide on the premises of
such service station during business hours at least one clean, sanitary, safe and secure public
rest room in a prominently located and illuminated area which, for purpose of privacy, shall be
capable of being locked from the inside, provided, however, that when locked, and in the event
of an emergency only, the restroom shall be accessible from the outside by the owner or
operator, police or other emergency personnel.
(Ord. No. 7363, § 114.077, 7-2-2002)

§ 114.078 FAILURE TO PROVIDE A CLEAN, SAFE, SANITARY AND SECURE RESTROOM IN
GASOLINE SERVICE STATIONS.

       It shall be unlawful for the owner or operator of a gasoline service station to operate for
business a gasoline service station unless such gasoline service station shall have at least one
clean, safe, sanitary and secure restroom on the business premises.
                                                                                     Page 34 of 115


(Ord. No. 7363, § 131.02 7-2-2002)

                               HOTELS AND LODGING HOUSES*

*State law reference--Regulation of lodging facilities, IC 16-41-29-1 et seq.

§ 114.080 LICENSE REQUIRED.

   (A) Any person having five rooms or more to rent for lodging or rooming purposes shall be
deemed to be operating a hotel, lodging or rooming house, within the meaning and for the
purpose of this subchapter.
   ('60 Code, § 7-1301)

    (B) It shall be unlawful for any person to engage in the business of conducting any hotel,
rooming or lodging house within the corporate limits of the city without having first procured
from the City Controller a license to do so.
    ('60 Code, § 7-1302) (Ord. 2578, passed; Code 1989, § 114.080)

§ 114.081 LICENSE FEE.13

    The annual license fee shall be payable in the office of the City Controller on January 1 of
each and every year. The license fee shall be graduated in accordance with the amount or
number of rooms owned and used for rooming and lodging purposes. The fees shall be
according to the schedule of fees as shall be modified from time to time by the Common
Council. as follows:

     ROOMS                                                AMOUNT
        5                                                   $10
        6 to 10                                              20
       11 to 15                                              30
       16 to 25                                              50
       26 to 50                                              80
       51 to 75                                             120
       76 to 100                                            160
      101 to 150                                            220
      151 and over                                          300
('60 Code, § 7-1303) (Ord. 3054, passed; Code 1989, § 114.081)

§ 114.082 SANITATION AND FIRE PREVENTION; INSPECTIONS.

    (A) Any person duly licensed to operate a hotel, lodging or rooming house must at all
times comply with the sanitary and fire prevention laws and regulations of this city and of this
state.
    ('60 Code, § 7-1304) (Ord. 2578, passed)

    (B) The sanitarians of the Board of Health of the city and the Inspector from the Fire
Prevention Bureau of the city shall have the right from time to time to make inspection tours
of hotels, lodging and rooming houses within the city at all reasonable hours for the purpose
of enforcing, where necessary, the sanitary and fire prevention laws and regulations of this city
and of this state.
    ('60 Code, § 7-1305; Code 1989, § 114.082)
                                                                                     Page 35 of 115


                                    JUNK DEALERS
*State law reference--Police department powers regarding junkshop keepers, IC 36-8-3-10.

§ 114.085 LICENSE REQUIRED.

     (A) For the purpose of this subchapter, a "JUNK DEALER" is defined as any person who
exercises, carries on, or engages in the business of buying, selling, bartering, storing,
exchanging, dismantling for sale, or otherwise dealing, or offering to deal in any of the
following articles: junk, rubbish, old or scrap paper, rags, rope, bags, bottles, rubber, old or
scrap metal other than gold, silver, and platinum, refuse, old, dilapidated, unsightly, worn out,
obsolete, or wrecked equipment, machinery, motors, vehicles, or parts of any of the same.
     ('60 Code, § 7-1401)

    (B) It shall be unlawful for any person to exercise, carry on, or engage in business as a
junk dealer without having first obtained a license from the city for that purpose as provided
by this subchapter.
     ('60 Code, § 7-1402) (Ord. 2344, passed; Code 1989, § 114.085)

§ 114.086 APPLICATION.

    Every junk dealer and every person desiring to engage in the business of being a junk
dealer shall make application in writing to the City Controller, setting forth the place at which
the applicant conducts or intends to conduct the business. The applicant shall furnish proof of
his good moral character, which shall be satisfactory to the City Controller.
    ('60 Code, § 7-1403) (Ord. 2344, passed; Code 1989, § 114.086)

§ 114.087 BOND.14

     The applicant for a license under the provisions of § 114.086 shall submit with his
application a bond executed to the city, with good and sufficient sureties approved by the
Controller, in the sum of $1,000, conditioned for the due observance of all ordinances of the
city now in force or which may be hereafter passed respecting the conducting of the business
of a junk dealer.
     ('60 Code, § 7-1404) (Ord. 2344, passed; Code 1989, § 114.087)

§ 114.088 FEES.15

    Any person desiring a license to engage in business as a junk dealer shall pay to the City
Controller a license fee. The license fee shall be graduated in accordance with the amount of
square feet of real property used or subject to use by a junk dealer in carrying on the business
of being a junk dealer. The fee shall be as follows.


Square Footage                                             Fee
Not over 1,000 square feet                                 $50
1,000 - 3,000                                               80
3,000 - 4,000                                              100
4,000 - 5,000                                              120
5,000 - 8,000                                              200
8,000 - 15,000                                             250
Over 15,000 add $25 for each additional 1,000 square feet.
('60 Code, § 7-1405) (Ord. 3065, passed; Am. Ord. 4675, passed 7-11-72; Code 1989, §
                                                                                       Page 36 of 115


114.088)

§ 114.089 PLACING MERCHANDISE ON STREETS.

    It shall be unlawful for any person, whether a junk dealer or otherwise, to store, place,
park, keep, or dismantle any of the articles mentioned in § 114.085 (A) upon any of the
streets, boulevards, alleys, sidewalks, or parkways within the corporate limits of the city or
upon any premises within the corporate limits unless within a building or substantial enclosure
of neat appearance not less than six feet in height from the street level.
    ('60 Code, § 7-1407) (Ord. 2344, passed; Code 1989, § 114.089)

§ 114.090 SALE OF BICYCLES, MOTOR VEHICLES.

    It shall be unlawful for any junk dealer to sell or offer to sell or trade any motor vehicle or
bicycle without first dissembling the vehicle or bicycle, or to assemble any motor vehicle or
bicycle for sale, which has been purchased by the junk dealer as and for junk.
    ('60 Code, § 7-1408) (Ord. 2344, ; Code 1989, § 114.090)

§ 114.091 RECORDS TO BE KEPT; INSPECTION.

    Every person licensed as a junk dealer under the provisions of this subchapter shall keep a
record of all purchases. The record will show the date, description, including any numbers
thereon, of the articles purchased, and the name and address of the person from whom
purchased. All records of junk dealers and articles on hand shall be open for inspection to
members of the Police Department.
    ('60 Code, §§ 7-1409 and 7-1410) (Ord. 2344, ; Code 1989, § 114.091)

§ 114.092 ACTING AS PAWNBROKER.
    It shall be unlawful for any junk dealer to receive any article or thing by way of pledge or
pawn, nor shall any sum of money be loaned or advanced on the security of any article or
thing received by them. No junk dealer shall be permitted to receive or hold a license to carry
on the business of a pawnbroker.
    ('60 Code, § 7-1411) (Ord. 2344, ; Code 1989, § 114.092)

§ 114.093 GOODS FROM INTOXICATED PERSONS.16

    It shall be unlawful for any person licensed by this subchapter to purchase, take, or
receive any article, goods, or things from any person while that person is in an intoxicated
condition.
    ('60 Code, § 7-1412; Code 1989, § 114.093)

§ 114.094 PERIOD ARTICLES TO BE HELD.

     All goods or articles purchased or received by any proprietor, manager, or employee of a
licensed secondhand store, junk shop, or any place where secondhand merchandise is bought
shall be retained at the licensed secondhand store, junk shop, or any place where secondhand
merchandise is bought and sold by the proprietor, manager, or employee for a period of not
less than 48 hours before disposal.
     ('60 Code, § 7-1413; Code 1989, § 114.0094)

                                      MASSAGE PARLORS*
                                                                                      Page 37 of 115


State law reference--License application, IC 10-13-3-37.

§ 114.100 DEFINITIONS.

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

    "EMPLOYEE." Any and all persons, other than the masseurs or masseuses, who render any
service to the permittee, who receive compensation directly from the permittee, and who have
no physical contact with customers and clients.

     "MASSAGE." Any method of pressure on or friction against, or stroking, kneading, rubbing,
tapping, pounding, vibrating, or stimulating of the external soft parts of the body with the
hands or with the aid of any mechanical or electrical apparatus or appliance with or without
such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams,
lotions, ointments, or other similar preparations commonly used in this practice.

    "MASSAGE ESTABLISHMENT." Any establishment having a fixed place of business where
any person, firm, association, or corporation engages in or carries on or permits to be engaged
in or carried on any of the activities mentioned in the definition of "MASSAGE" above.

    "MASSEUR or "MASSEUSE." Any person who, for any consideration whatsoever, engages in
the practice of "MASSAGE" as herein defined.

"Recognized School." Any school or institution of learning which has for its purpose the
teaching of the theory, method, profession, or work of massage, and which requires a resident
course of study and which requires a course of study not less than 500 hours, to be given in
not less than three calendar months and which furnishes the student a diploma or certificate
of successful completion of the course of study or learning.
(Code 1989, § 114.100; Ord. 4834, passed 11-6-73; Ord. No. 7527, 2-3-2004; Ord. No.
7548, 4-6-2004)

§ 114.101 LICENSE AND FEE. 17

   (A) It shall be unlawful for any person to engage in, conduct, carry on, or to permit to be
engaged in, conducted, or carried on, in or upon any premises in the city, the operation of a
massage establishment without first having obtained a license.

    (B) Every applicant for a license to maintain, operate, or conduct a massage establishment
shall file an application with the City Controller upon a form provided and shall pay a filing fee
of $50 which shall not be refundable.

    (C) Massage establishment license.

    (1) After the application is approved, the applicant is issued a licensed for one year upon
        the payment of a $50 fee.

    (2) Upon the renewal of a license, the applicant must pay a $50 feel for a license for one
        year. The applicant must provide the same information as that provided for in §
        114.102 and abide by the same procedures as established for an applicant in this
        subchapter.
    (Ord. 4834, passed 11-6-73; Code 1989, § 114.101)
                                                                                       Page 38 of 115


§ 114.102 APPLICATION.

    Application for such licenses shall be made to the City Controller in writing signed by the
applicant, if an individual, if a partnership by all partners, if a corporation by a duly authorized
agent, verified by oath or affidavit, and shall contain the following statements and information.

    (A) The name, age, home address, occupation, and social security number of the applicant
        in the case of an individual; in the case of a partnership, the persons entitled to share
        in the profits thereof; in the case of a corporation, all officers and directors and if a
        majority interest of the stock of the corporation is owned by one person or his
        nominee, then that person shall be included. If a corporation, a copy of the articles of
        incorporation approved by the Secretary of State shall be attached.

    (B) Business address of the proposed location of the applicant's business.

    (C) Name and home address of the owner of the real property of the proposed location of
        applicant's business.

    (D) A statement as to whether applicant had made application for any license issued by
        the city and the disposition of the other applications.

    (E) A statement as to whether any previous license issued to the applicant by any state or
        subdivision thereof or by any federal agency or department has been revoked or
        suspended and the reasons therefor.

    (F) A statement as to whether the applicant has been convicted of any crime or
        misdemeanor, if an individual; in the case of a partnership the person entitled to share
        in the profits thereof; in the case of a corporation, all officers and directors and if a
        majority interest of the stock of the corporation is owned by one person or his
        nominee then that person shall be included. The statement shall include the nature of
        the offense, date of conviction, court where convicted, and punishment or penalty
        assessed therefor.

    (G) Written proof that the applicant is at least 18 years of age.

    (H) If the business is to be managed by anyone other than an individual applicant then the
        applicant shall state the name and home address, social security number, present
        occupation, and a statement of any convictions of any crime or misdemeanor including
        the nature of the offense and date of conviction, court where convicted, and
        punishment or penalty assessed therefor of any person or persons who will manage or
        operate the business.

    (I) A description of the premises of the proposed location indicating the dimensions of all
        rooms, the location of the tables, the location of exits, and other information
        requested by the Controller in order to determine whether the premises complies with
        all applicable laws.

    (J) The names of at least two reliable real property owners of Lake County who will certify
        as to the good character and business respectability of the applicant, if an individual;
        in the case of a partnership, all persons entitled to share in the profits thereof; in the
        case of a corporation, all officers and directors, and if a majority interest of the stock
        of the corporation is owned by one person or his nominee, then that person shall be
        included. In the event the applicant cannot provide names then in lieu thereof, the
                                                                                   Page 39 of 115


        applicant shall state the reasons for noncompliance and may then provide other
        available evidence that may be requested by the City Controller to show the good
        character and business responsibility of the applicant.

   (K) Two portraits at least two inches by two inches in size.

    (L) The massage or similar business license history of the applicant; whether the person,
        in previously operating in this or another city of the state under license, has had the
        license revoked or suspended, the reason therefor, and the business activity or
        occupation subsequent to the action of suspension or revocation.

    (M) Statement by the applicant setting forth the exact nature of the massage to be
       administered.

    (N) Statement listing the business, occupation, or employment of the applicant for the
        three years immediately preceding the date of application.

    (O) The fingerprints of the applicant taken by the Police Department.
    (Ord. 4834, passed 11-6-73; Code 1989, § 114.102)

§ 114.103 MASSEUR OR MASSEUSE LICENSE; FEE. 18

    (A) Any person, including an applicant for a massage establishment license, who engages
in the practice of massage shall file an application for a masseur or masseuse license with the
City Controller upon a form provided by the City Controller and shall pay a filing fee of $25
which shall not be refundable.

   (B) Masseur or masseuse license.

    (1) After the application is approved, the applicant is issued a license for one year upon
        the payment of a $25 license fee.

    (2) Upon the renewal of a license, the applicant must pay a $25 fee for a license for one
        year. The applicant must provide the same information as that provided for in §
        114.104 and abide by the same procedures as established for an applicant in this
        subchapter.
    (Ord. 4834, passed 11-6-73; Code 1989, § 114.103)

§ 114.104 APPLICATION.19

   The application for a masseur or masseuse license permit shall contain the following.

   (A) Name and resident address.

   (B) Social Security number.

   (C) Applicant's weight, height, color of hair and eyes, and fingerprints.

   (D) Written evidence that the applicant is at least 18 years of age.

    (E) Business, occupation, or employment of the applicant for the three years immediately
        preceding the date of application.
                                                                                     Page 40 of 115


   (F) Whether the person has ever been convicted of any crime except minor traffic
       violations. If any person mentioned in this division has been so convicted, a statement
       must be made giving the place and court in which the conviction was obtained and the
       sentence imposed as a result of the conviction.

   (G) A statement by a reputable physician, licensed in the state, dated not more ten days
       prior to submission of the application, certifying the applicant to be free of contagious,
       infectious, or communicable disease.

   (H) The name and address of the recognized school attended, the date attended, and a
       copy of the diploma or certificate of graduation awarded the applicant showing the
       applicant has successfully completed not less than 500 1000 hours of instruction.20

   (I) The fingerprints of the applicant taken by the Police Department.
   (Ord. 4834, passed 11-6-73; Code 1989, § 114.104)

§ 114.105 DENIAL, REVOCATION OF LICENSES.

    The issuance or renewal of any license may be denied and any existing license may be
revoked for one or more of the following reasons.

   (A) Any false statement or misrepresentation of fact contained in the application.

   (B) Noncompliance with or violation of any provision of this subchapter.

   (C) Conviction of a felony.

   (D) Maintenance or operation of a business licensed under this subchapter in such a
       manner as to constitute a public nuisance.

   (E) Immoral or disreputable character or reputation of the applicant. In determining
       whether the applicant is of good character and reputation the following factors shall be
       considered.

       (1) Whether the applicant has been convicted of any crime and if so, the nature of the
           crime, sentence imposed, and length of time subsequent to conviction.

       (2) Whether the applicant has been refused a license or has had a license revoked and
           the reasons for the refusal or revocation.

       (3) The character and business reputation of the applicant in the community.

   (F) Immoral or disreputable character or reputation of any partner in cases where the
       applicant is a partnership.

   (G) Immoral or disreputable character or reputation of any officer, director, or majority
       stockholder, where the applicant is a corporation.

   (H) Immoral or disreputable character or reputation of the manager of the applicant.
   (Ord. 4834, passed 11-6-73; Code 1989, § 114.)

§ 114.106 INVESTIGATION OF APPLICATIONS.
                                                                                      Page 41 of 115


    (A) Upon receipt of the application, together with the prescribed fee, the City Controller
shall make a record of the date the application and fee were received and shall initiate an
investigation of the application. The City Controller may request the aid and assistance of any
department head of the city in conducting the investigation. The department head shall make
any report in writing. All reports shall be dated upon receipt by the City Controller.

    (B) If it shall appear to the City Controller, after review of the application, inspection,
interview, and any reports received from any department head that the applicant has
committed one or more of the grounds set within § 114.105, then the City Controller shall
refuse the application and return the fee with a written explanation and the appeal rights of
the applicant and date the return of the application to the applicant. All investigations shall be
completed within 90 days from the date the application is received.
    (Ord. 4834, passed 11-6-73; Code 1989, § 114.106)

§ 114.107 APPEAL.

    (A) Any applicant who has been denied issuance of a license or has been denied renewal
of a license by the Controller shall have the right to appeal the decision to the Board of Public
Works and Safety. The applicant shall initiate the appeal by filing a notice of appeal with the
Clerk of the Board of Public Works and Safety within 15 days following the receipt of notice by
the City Controller. The Clerk shall notify the Board of Public Works and Safety at its next
regular meeting, at which time the Board shall set a date for hearing on the appeal, which
shall be not less than seven days nor more than 30 days after the regular meeting. The Board
shall notify the applicant of the date of the hearing by certified mail.

   (B) Any applicant who has been denied renewal of a license shall be allowed to remain
open during the time within which an appeal may be taken or until the Board of Public Works
and Safety enters its findings, whichever is later.

    (C) All hearings shall be open to the public. The Board shall have the power to administer
oaths, compel the attendance of witnesses, and compel the production of documents. All
testimony shall be under oath, and shall be transcribed and recorded in accordance with Trial
Procedure Rule 74 of the Indiana Rules of Court Procedure. The applicant shall have the right
to be represented by counsel. The applicant shall have the right to call and subpoena
witnesses, and to cross-examine witnesses. Upon submission of the evidence and within ten
days following the hearing the Board shall enter its findings and decision. A copy of the
decision shall be sent to the applicant by certified mail.
(Ord. 4834, passed 11-6-73; Code 1989, § 114.107)

§ 114.108 MASSAGE PARLOR REGULATIONS.

    The holder of any license issued pursuant to this subchapter shall at all times comply with
the following requirements.

    (A) Minors under the age of 18 years shall under no circumstances frequent, loiter, go, or
        remain in any massage establishment licensed hereunder at any time, unless it be
        upon some lawful errand and sent under the direction and the consent and knowledge
        of the parent, guardian, or other person having the lawful custody of the minor. It
        shall be unlawful for the proprietor of any hall so licensed to allow or permit any minor
        to frequent, loiter, or remain within the hall in violation of this section.

    (B) No massage establishment shall be operated, maintained, or conducted in such a
        manner as to constitute a common nuisance.
                                                                               Page 42 of 115



(C) No license issued pursuant to this subchapter shall be transferred to any other person,
    partnership, or corporation.

(D) All licenses issued pursuant to this subchapter shall be conspicuously posted in the
    licensed premises.

(E) All massage establishments shall be open for inspection by authorized city officers and
    employees during normal business hours.

(F) Every portion of a massage establishment, including appliances, apparatus, and
    personnel shall be kept clean and operated in a sanitary condition.

(G) All employees shall be clean and wear clean outer garments whose use is restricted to
    the massage establishment. Provisions for a separate dressing room for each sex must
    be available on the premises with individual lockers for each employee. Doors to the
    dressing rooms shall open inward and shall be self-closing.

(H) All employees, masseurs, and masseuses must be professionally attired, according to
    the standards of his profession or employment. Clothing must cover the employee's,
    masseur's, or masseuses' chest and private parts at all times.

(I) The private parts of patrons must be covered by towels, cloths, or undergarments
    when in the presence of an employee, masseur, or masseuse. Any contact with a
    patron's genital area is strictly prohibited.

(J) All massage establishments shall be provided with clean, laundered sheets and towels
    in sufficient quantity and shall be laundered after each use thereof and stored in an
    approved, sanitary manner.

(K) Wet and dry heat rooms, shower compartments, and toilet rooms shall be thoroughly
    cleaned each day the business is in operation. Bathtubs shall be thoroughly cleaned
    after each use.

(L) Advertising. No massage establishment granted a license under provisions of this
    ordinance shall place, publish, distribute, or cause to be placed, published, or
    distributed any advertising matter that depicts any portion of the human body that
    would reasonably suggest to prospective patrons that any service is available other
    than those services as described in § 114.100, or that employees, masseurs, or
    masseuses, are dressed in any manner other than described in subdivision (H) above,
    nor shall any massage establishment indicate in the text of the advertising that any
    service is available other than those services described in § 114.100.

(M) All services enumerated in § 114.100 must be carried on in one cubicle, room, booth,
    or area within the massage establishment. No service enumerated in § 114.100 may
    be carried on in any other cubicle, room, booth, or area except where the cubicle,
    room, booth, or area has transparent doors or walls, so that all activity within the
    cubicle, room, booth, or area is visible from outside.

(N) A massage establishment shall not carry on, engage in, or conduct business on
    Sunday and on other days shall not carry on, engage in, or conduct business before
    10:00 a.m. or after 10:00 p.m.
                                                                                    Page 43 of 115


(Ord. 4834, passed 11-6-73; Code 1989, § 114.108)

§ 114.109 EXEMPTIONS.

    This subchapter shall not apply to hospitals, nursing homes, sanitaria, or persons holding
an unrevoked certificate to practice the healing arts under the laws of the state, or to persons
working under the direction of such persons or in such establishments.
    (Ord. 4834, passed 11-6-73; Code 1989, § 114.109)

§ 114.110 TRANSFER OF LICENSE.

    No license shall be transferable except with the written consent of the City Controller and
the approval of the Health Department. However, upon the death or incapacity of the licensee
the massage establishment may continue in business for a reasonable period of time to allow
for an orderly transfer of license.
    (Ord. 4834, passed 11-6-73; Code 1989, § 114.110)

                                       PAWNBROKERS*

    *State law reference: Pawnbroking Law, IC 28-7-5-1 et seq.; authority of police to
inspect pawnbrokers, IC 36-8-3-10.

§ 114.115 LICENSE REQUIRED. 21

   (A) Whenever the word "PAWNBROKER" is used in this subchapter or this code, it shall
mean any person lending money on the deposit or pledge of personal property other than
choses in action, securities, or printed evidence of indebtedness.
   ('60 Code, § 7-1701)

    (B) It shall be unlawful for any person to engage or continue in the business of a
pawnbroker in the city unless that person has first paid the license fee and procured a license
as a pawnbroker from the City Controller. The license fee for pawnbrokers shall be $100 per
annum, payable in advance.
    ('60 Code, § 7-1702) (Ord. 3061, passed; Am. Ord. 3994, ; Code 1989, § 114.115)

§ 114.116 BOND.

    Before the issuance of any pawnbroker's license by the City Controller, as provided in §
114.117, the applicant for the license shall file with the City Controller a bond, approved by
the Controller, payable to the city in the penal sum of $1,000, conditioned for the faithful
compliance with the terms and conditions of the subchapter and those rules and regulations as
may from time to time be made for the enforcement thereof; and conditioned further, that any
person depositing any article of value or pledging any property or article of value with the
pawnbroker shall have a right of action upon the bond in case any goods or property are lost,
destroyed, or failed to be turned over to the owner of the property, or in case the licensee
shall fail to properly account for the goods or property. The bond shall be signed by the
applicant and two or more free holders of the city or by a surety company, as surety, and shall
run for the period of the license and may be renewed from year to year by certificates of
applicant and sureties. The bond and all renewals shall be approved by the Controller.
    ('60 Code, § 7-1703; Code 1989, § 114.116)

§ 114.117 ISSUANCE OF LICENSE.
                                                                                     Page 44 of 115



    It shall be the duty of the City Controller, upon payment of the fee, to issue to the person
entitled thereto the license applied for. The license shall be designated a pawnbroker's license.
No license shall be issued for a less period of time than the period of time from the date of
application to the next following December 31. No month shall be divided in computing time.
    ('60 Code, § 7-1704; Code 1989, § 114.117)

§ 114.118 RECORDS TO BE KEPT.

    It is made the duty of every person engaged in business in the city as a licensed
pawnbroker to keep at his place of business a book in which he shall enter in writing a minute
description of all personal property received on deposit or by purchase, the exact time when
the property was received, a description of any prominent or distinguishing marks found on
the property, and the name, sex, address, color, nationality, age, and any discernible physical
peculiarity of the person from whom the property was received.
    ('60 Code, § 7-1705; Code 1989, § 114.118)

§ 114.119 INSPECTION; REPORTS TO POLICE.

     (A) The book required by § 114.118 shall at all times be open to inspection by the Chief
of Police or any public officer that may be deputed by the Chief of Police to make the
inspection; and the licensee shall, at all times, when required by the Chief of Police or by any
officer deputed by the Chief of Police, produce, show, and exhibit to inspection any articles so
listed and described which may be in his possession.
     ('60 Code, § 7-1706)

(B) Every person licensed as a pawnbroker shall, each day before the hour of noon, file in the
office of the Chief of Police of the city a written report on blanks furnished by the city
describing each article received by him during the previous day, the exact time of day when
received, the fact whether the article was received on deposit or purchase, and the name,
address, and description of the person from whom the article was received.
     ('60 Code, § 7-1707; Code 1989, § 114.119)

§ 114.120 PERIOD ARTICLES TO BE HELD.

     No personal property received on deposit, purchased or pledged by any licensed person
shall be sold or permitted to be redeemed or removed from the place of business of the
licensed person for the space of 24 hours after the written report is delivered in the office of
the Chief of Police as required in § 114.119 (A).
     ('60 Code, § 7-1708; Code 1989, § 114.120)

                          PEDDLERS AND TRANSIENT MERCHANTS*

*State law reference -- Transient Merchant Law of Indiana, IC 25-37-1-1 et seq.; municipal
regulation of businesses, crafts, professions and occupations, IC 36-8-2-10; regulation of
solicitations, IC 36-8-2-11.


§ 114.125 DEFINITIONS.

    (A) For the purpose of this subchapter the following definitions shall apply unless the
context clearly indicates or requires a different meaning.
                                                                                      Page 45 of 115



    (1) "NOT FOR PROFIT CORPORATION." As used herein, a corporation duly incorporated
        under the laws of the state and registered and in good standing with the Secretary of
        the State that engages in the temporary business of selling, exchanging, bartering, or
        delivering goods, wares, or services or soliciting the future sale of goods, wares, or
        services or who solicits the gratuitous contribution of monies, goods, or services either
        by traveling from place to place or from a fixed location, with or without the use of a
        temporary structure or vehicle.

    (2) "PEDDLER." Any person whether as owner, agent, consigner or employee that traveling
        from place to place or from a fixed public location engages in a business of selling,
        exchanging, or bartering goods, wares, or services, or soliciting the future sale of
        goods, wares, or services without the use of a temporary structure or vehicle to
        house, at the site of sale, or display his wares.

    (3) "TRANSIENT MERCHANT." Any person, firm, or corporation whether as owner, agent,
        consigner, or employer, that:

        (a) Having constructed a temporary structure, engages in a temporary business of
            selling, exchanging, bartering, or delivering goods, wares, or services, or soliciting
            the future sale of goods, wares, or services.

        (b) Having a vehicle or pushcart for the transportation or display of his goods or
            wares, engages in a temporary business of selling or delivering goods, wares, or
            services, or soliciting the future sale of goods, wares, or services from or near his
            vehicle.

        (c) Sells, offers, or exhibits for sale any goods, wares, services, franchises,
            distributorships, or contracts at any time within six months after a lecture or
            public meeting on the goods, wares, services, franchise business opportunities,
            contracts, or distributorships.

    (4) "UNINCORPORATED CIVIC CLUBS AND ASSOCIATIONS." A club or association that is
        not incorporated under the laws of the state nor is it registered with the Secretary of
        State, but is an organization that operates, not for the profit of individuals who are
        working for the organization, but rather to achieve an altruistic purpose and to that
        end engages in a temporary business of selling, exchanging, bartering, or delivering
        goods, wares, or services or soliciting the future sale of goods, wares, or services
        either by traveling from place to place or from a fixed location, with or without the use
        of a temporary structure or vehicle.

    (B) The foregoing notwithstanding; however, sales or solicitations by a transient merchant
or peddler or an incorporated or unincorporated organization shall not include the following.

    (1) A person, firm, or corporation exhibiting goods for sale concurrent with and as an
        adjunct to a group display, meeting, or convention duly authorized to be held in a
        publicly owned building.

    (2) A person who sells his own property, which was not acquired for resale, or who in
        conjunction with other persons selling their own property which was not required for
        resale, from the real estate owned or leased as the principal residence of one of the
        participants; which sale lasts four days or less and occurs no more than twice during
        any calendar year. (Commonly known as garage, basement, or yard sales).
                                                                                      Page 46 of 115



    (3) Art and craft exhibits, where participating artists sell their original works and which do
        not contain any sales of artworks purchased elsewhere and held for resale, providing
        said art and craft exhibits are sponsored by a local not for profit corporation or an
        unincorporated civic club or association as defined in subdivisions (A)(1) and (A)(4)
        above and provided that the exhibit is conducted on property owned by the city with
        the consent of the city obtained from the Park Department.

    (4) Street fairs and ethnic festivals where participating merchants sell food and goods
        prepared specifically for the particular function, excluding merchants who resell
        prepackaged goods or foods; providing the fairs and ethnic festivals are sponsored by
        a local not for profit corporation or an unincorporated civic club or association as
        defined in subdivisions (A)(1) and (A)(4) above, which organization was not created
        specifically to sponsor the fairs or ethnic festivals in question. Each organization which
        seeks an exemption under this division, or under subdivisions (A)(1) and (A)(4)
        above, shall submit a statement to the Controller's office of the city giving the
        location, date, and purpose of the exhibit, fair, or festival, the names of the
        participating artists, craftsmen, and merchants and shall have a permit issued by the
        Department of Planning and Zoning. The function shall be subject to inspection by the
        Department of Health to insure that proper sanitation is provided.

    (5) Seasonal produce sales where business is conducted from a permanent structure that
        is located in an area properly zoned for that use.

    (6) Canvassers soliciting peoples' opinions, urging political or religious ideologies where no
        solicitation for donations is made and no offer of sale, exchange, barter, or delivery of
        goods, wares, or services is made.

    (7) Sale of fireworks approved by the State Fire Marshal.

    (8) The sale of fresh or frozen fish, dressed poultry, dairy products, or uncooked meats.
(Ord. 5966, passed 3-13-84; Code 1989, § 114.125)

§ 114.126 LOCATION RESTRICTIONS.

    (A) Any transient merchant as defined in § 114.125(A)(3) and any incorporated or
unincorporated not for profit club or organization as defined in § 114.125(A)(1) and (A)(4)
who engages in the business as a transient merchant as defined in § 114.125(A)(3) shall
comply with the following restrictions in locating their business, as well as other restrictions
which presently apply and from time to time may be required by the Department of Zoning
and Planning of the city, and the Common Council.

    (1) No two businesses operated by transient merchants may be operated within 1500 feet
        of each other.

    (2) No businesses operated by transient merchants may be located on state roads or
        federal highways unless off-street parking exists.

    (3) No businesses operated by transient merchants may be located within 20 feet of the
        shoulder of the road or street; or if a curb exists, within 20 feet of the curb; or if a
        sidewalk exists, within 20 feet of the sidewalk.
                                                                                      Page 47 of 115


    (B) Any peddler, as defined in § 114.125(A)(2) and any incorporated or unincorporated
not for profit club or organization, as defined in § 114.125(A)(1) and (A)(4) who engages in
the business of a peddler as defined in § 114.125(A)(2) shall comply with the following
restrictions in locating their business, as well as other restrictions which presently apply and
from time to time may be required by the Department of Zoning and Planning of the city, and
the Common Council:

    (1) No peddlers shall have any exclusive right to any location and license shall not be
        issued by the city giving exclusive locations to any individuals.

    (2) No peddlers shall be permitted to peddle in B2 and B3 areas.

    (3) No peddlers shall be permitted to impede the movement of pedestrians so as to
        conduct a sale.

    (C) No peddler, as defined in this subchapter, shall engage in the business of selling,
exchanging goods, services, or soliciting in or around any school or place of public instruction
during the hours between 7:30 a.m. through 4:00 p.m.
(Ord. 5966, passed 3-13-84; Am. Ord. 6000, passed 11-13-84; Code 1989, § 114.126)

§ 114.127 PERMIT, LICENSE, AND REGISTRATION REQUIRED.

    (A) Each and every individual, whether an adult or child, whether self-employed or
employed by others engaged in business as a peddler as defined in this subchapter shall
obtain permits and licenses as required and shall comply with all applicable health standards
established by the Health Department.

    (B) Every individual, corporation, or organization who will be engaged in business as a
transient merchant as defined in this subchapter shall obtain permits and licenses as required
herein.

    (C) Not for profit corporations and unincorporated civic clubs and associations as defined
in § 114.125(A)(1) and (A)(4), shall not be required to obtain permits and licenses as stated
above but shall register with the Controller's Office of the city giving such information as shall
be required.
(Ord. 5966, passed 3-13-84; Code 1989, § 114.127)

§ 114.128 PERMIT AND LICENSE APPLICATION; AGE RESTRICTION.

     (A) Applicants for permits and licenses must file with the City Controller a sworn
application in writing, on a form to be furnished by the City Controller, which shall give the
following information.

    (1) Name, permanent home address, and full local address of the applicant.

    (2) A brief description of the nature of the business and the goods to be sold.

    (3) If employed, the name and address of the employer together with credentials
        establishing the exact relationship.

    (4) The place where the goods or property proposed to be sold or orders taken for the sale
        thereof are manufactured or produced, where such goods or products are located at
                                                                                       Page 48 of 115


        the time the application is filed.

    (5) Two photographs of the applicant, taken within 60 days immediately prior to the date
        of filing of the application, which pictures shall be two inches by two inches, showing
        the head and shoulders of the applicant in a clear and distinguishing manner.

    (6) The fingerprints of the applicant, taken by the Police Department.

    (7) A statement as to whether or not the applicant has been convicted of any felony, the
        nature of the offense, and the punishment assessed.

    (8) If goods are sold from a vehicle or a vehicle used to display the goods or wares, then
        the vehicle identification numbers, license plate numbers of the vehicle, and a
        description of the vehicle.

    (B) No minor under the age of 14 years shall be issued a license under this subchapter,
unless that child is employed by the child's parent. In all other instances, the application for
employment of a minor, under age 14, shall be denied.
(Ord. 5966, passed 3-13-84; Code 1989, § 114.128)

§ 114.129 INVESTIGATION BY CHIEF OF POLICE.

    (A) Upon receipt by the City Controller of an application for a transient merchant or
peddler, the original shall be referred to the Chief of Police, who shall cause fingerprints to be
taken of the applicant and who shall cause such investigation of the applicant's business and
character to be made as he deems necessary for the protection of the public good.

    (B) If as a result of such investigation the applicant's character or business responsibility is
found to pose a risk of harm to the public, or there exists a history of violation of prior license
requirements and conditions, the Chief of Police shall endorse on such application his
disapproval and his reasons for the same and return the application to the City Controller, who
shall notify the applicant that his application is disapproved and that no permit and license will
be issued.

    (C) If as a result of such investigation, the character and business responsibility of the
applicant are found to be satisfactory, the Chief of Police shall endorse on the application his
approval and return the application to the City Controller.
(Ord. 5966, passed 3-13-84; Code 1989, § 114.129)

§ 114.130 HEALTH AND ZONING APPROVAL.22

    (A) Health Department permit.

    (1) Upon receipt by the City Controller of an application for transient merchant or peddler,
        in instances where food stuffs will be sold, the application shall be referred to the
        Health Department for issuance of a retail food permit as defined in §§ 112.45
        through 112.54.

    (2) A separate retail food permit shall be required for each structure or vehicle to be
        operated by a transient merchant selling food.

    (3) If a vehicle is used for the sale or display of food, the Health Department shall note in
        the application and on the retail food permit the vehicle identification number and
                                                                                      Page 49 of 115


        license plate number of the vehicle.

    (4) The Health Department shall also make note, on the application, of a description of the
        vehicle and the food stuffs permitted to be sold.

    (5) All individual peddlers selling food and all transient merchants and their employees
        selling or handling food shall have a food handlers certificate issued by the Health
        Department, and the same shall be noted by the Health Department on the application
        for license.

    (6) If after inspection of the vehicle or structure from which food is intended for sale, the
        Health Department refuses to issue a retail food permit because of non-compliance
        with health requirements, the Health Officer shall endorse on the application for
        license his disapproval and the reasons for the same and return the application to the
        City Controller who shall notify the applicant that his application is disapproved and
        that no permit and license will be issued.

   (B) Zoning Department permit.

    (1) Upon receipt of application for transient merchant in the instance where a temporary
        structure or vehicle will be located within the limits of the city, the applicant shall be
        referred to the Department of Planning and Zoning for issuance of a zoning permit to
        insure that sufficient vehicle parking exists, and that traffic to the business will not
        interfere with traffic on public streets or thoroughfares and to insure compliance with
        other zoning requirements applicable to such business.

    (2) Upon applying for the zoning permit as described in subdivision (1) above the
        applicant shall furnish proof of ownership of the real property on which the structure,
        or vehicle will be located or a statement from the owner, giving his name, address,
        and telephone number, which states that the applicant has permission to use the
        property in the manner proposed.
(Ord. 5966, passed 3-13-84; Code 1989, § 114.130)

§ 114.131 LICENSE FEES. 23

   The following license fees shall be paid to the City Controller's office at the time of
submitting the completed application.

    (A) Transient merchant: $100 per year for each application filed and approved; or, if
        issued for six months or less, $50.

    (B) Peddler: l $100 per year for each application filed and approved; or, if issued for six
        months or less, $50.

    (C) Basis of fees: The annual fees herein provided for shall be assessed on a calendar year
        basis beginning January 1 of each year. On and after August 1 of each year, the
        amount of the fee for such annual license shall be one-half the amount of the annual
        fee.
(Ord. 5966, passed 3-13-84; Code 1989, § 114.131)

§ 114.132 LANGUAGE OF LICENSE; DISPLAY.

   Any license issued by the City Controller as provided herein shall clearly bear the words
                                                                                    Page 50 of 115


"Licensed Peddler 2019__" or "Licensed Transient Merchant 2019__", as the case may be and
the year during which the license shall be valid shall be inserted. The license shall be of such
size that it may be attached to the licensee's hat or outer garment and shall have his picture
affixed thereto. The badge with the photograph shall always be exposed in such a way as to be
conspicuous during such time as the licensee is engaged in business.
(Ord. 5966, passed 3-13-84; Code 1989, § 114.132)

§ 114.133 REVOCATION OF LICENSE.

    (A) A license granted under this statute may be revoked by the City Controller for any of
the following reasons.

    (1) Any fraud or misrepresentations contained in the license application.

    (2) Any fraud, misrepresentation, or false statement made in the course of carrying on his
        business as transient merchant or peddler.

    (3) Any violation of this subchapter.

    (4) Conviction of any crime or misdemeanor involving moral turpitude.

    (B) Notice of hearing for revocation of a license shall be given in writing, setting forth
specifically the grounds of complaint and the time and place of hearing. Such notice shall be
mailed, postage prepaid, to the licensee, at its last known address at least five days prior to
date set for hearing.
(Ord. 5966, passed 3-13-84; Code 1989, § 114.133)

§ 114.134 EXPIRATION OF LICENSE.

    All annual licenses issued under the provisions of this subchapter shall expire on December
31 in the year when issued.
(Ord. 5966, passed 3-13-84; Code 1989, § 114.134)

§ 114.135 TRANSFER OF LICENSE PROHIBITED.

    No license issued under this subchapter shall be used or worn at any time by any person
other than the one to whom it was issued.
(Ord. 5966, passed 3-13-84; Code 1989, § 114.135)

§ 114.136 LOUD NOISES AND SPEAKING DEVICES PROHIBITED.24

    No licensee, under this subchapter, nor any person in its behalf shall shout, make any cry
out, blow a horn, ring a bell, or use any sound device, including any loud speaking radio or
sound amplifying system, upon any of the streets, alleys, parks, or other public places of the
city or upon any private premises in the city when sound of sufficient volume is emitted or
produced therefrom capable of being plainly heard upon the streets, avenues, alleys, parks, or
other public places for the purpose of attracting attention to any goods, wares, or merchandise
which the licensee proposes to sell.
(Ord. 5966, passed 3-13-84; Code 1989, § 114.136)

§ 114.137 PROOF OF OWNERSHIP OF GOODS REQUIRED.
                                                                                       Page 51 of 115


    Licensees shall furnish to a police officer, or to a code enforcement officer, upon request,
sales receipts verifying the purchase or ownership of the goods being sold.
(Ord. 5966, passed 3-13-84; Code 1989, § 114.137)

§ 114.138 REPORTS OF VIOLATION.

     The Police Department and code enforcement personnel shall report to the City Controller
all violations of this subchapter, and the City Controller shall maintain a record for each license
issued and record the reports of violation therein.
(Ord. 5966, passed 3-13-84; Code 1989, § 114.138)

                                        PEST CONTROL25

§ 114.145 DEFINITIONS.

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

    "FUMIGANT." Any substance which by itself or in combination with any other substance
emits or liberates, or is made to emit or liberate a gas, fume, or vapor used for the destruction
or control of insects, vermin, rodents, or other pests.

    "FUMIGATION." The use of "FUMIGANTS" as defined above.

    "INSECTICIDE." Any substance, powder or liquid, not a fumigant, used for destruction,
repelling, or controlling of insects, vermin, rodents, or other pests.

    "PEST CONTROL." Work designed to eliminate or control insects, vermin, rodents, or other
pests by the use of insecticide liquid or powder as distinguished from fumigants.
    ('60 Code, § 8-501; Code 1989, § 114.145)

§ 114.146 LICENSE REQUIRED; EXCEPTIONS.

    (A) No person shall use insecticides or fumigants or engage in pest control or fumigation
work within the city unless that person is the holder of a license issued therefor by the Board
of Health of the city and unless the work is done in accordance with the provisions of this ,
the terms of the license, and the regulations of the Board.

    (B) The provisions of this subchapter shall not apply to a person using an insecticide in his
own residence or in his own place of business; however, no insecticide may be used where
food is stored, prepared, held, or kept for sale. This subchapter shall not apply to agricultural
or horticultural pest control or fumigation, except in cases where an insecticide or fumigant is
used on agricultural or horticultural products at a place where they are grown. This subchapter
shall not apply to any person engaged as an owner or employee in a business which requires
the use of fumigants in connection with its own products, goods, wares, and merchandise of
others stored upon the premises; however, any person who conducts fumigation or pest
control work under such circumstances shall be approved as a qualified operator by the Board
of Health.
('60 Code, § 8-502; Code 1989, § 114.146)

§ 114.147 TYPES OF LICENSES.
                                                                                       Page 52 of 115


    (A) Licenses shall be issued by the Board of Health covering the following classifications.

    (1) Fumigation license for the conduct of the business of fumigation and pest control.

    (2) Pest control license for the conduct of the business of pest control only.

    (3) Owner-operator license for the individual owner of either a fumigation or pest control
        business, who is also an operator.

    (4) Employee-operator license for the employees of either a fumigation or pest control
        business.

    (B) The holder of either an owner-operator or employee-operator license for fumigation
may also engage in pest control work. The holder of a pest control license may engage only in
pest control work. The holder of an employee-operator license may engage in fumigation or
pest control work only in the course of employment on behalf of the holder of an owner-
operator license.

    (C) If the applicant for a fumigation license or pest control license is a partnership at least
one member thereof shall be the holder of an owner-operator license of the same class. If the
applicant for a fumigation license or a pest control license is a corporation, at least one officer
thereof shall be the holder of an owner-operator license of the same class.
    ('60 Code, § 8-503; Code 1989, § 114.147)

§ 114.148 FEES.

    Applicants for the issuance of a license under the provisions of this subchapter shall be
required to pay the following amounts as annual fees for the licenses.

    (A) Fumigation license, $50 per year.

    (B) Pest control license, $25 per year.

    (C) Owner-operator license, $2 per year.

    (D) Employee-operator license, $2 per year.
('60 Code, § 8-504; Code 1989, § 114.148)

§ 114.149 EXAMINATION OF APPLICANT.

    Before any license shall be issued under the provisions of this subchapter, all applicants for
an owner-operator license or for an employee-operator license shall be required to submit to
and to pass an examination given by the Board of Health covering the knowledge, ability, and
experience of the applicant to do the particular work covered by the license for which
application is made.
('60 Code, § 8-505; Code 1989, § 114.149)

§ 114.150 DENIAL, REVOCATION OF LICENSE.

    License may be refused or revoked by the Board of Health after proper hearing in the
event the Board determines that this action is necessary for the protection of public health and
safety.
                                                                                    Page 53 of 115


('60 Code, § 8-506; Code 1989, § 114.150)

§ 114.151 BOND OR INSURANCE.

     Every person making application for the issuance of a fumigation or pest control license
shall annually file with the City Controller a good and sufficient bond or policy of insurance
running to the city in the penal sum of not less than $5,000. The bond or policy shall be
conditioned to indemnify and to save and keep harmless the city from any and all costs or
damages which may be sustained by the city or expense of any kind whatsoever to which it
may be put or which may accrue against the city by reason of the granting or issuance of any
licenses provided hereunder. The bond or policy shall also be conditioned to indemnify any and
all persons who may suffer injury or damages to property by reason of improper, negligent, or
careless performance of fumigation or pest control work.
     ('60 Code, § 8-507; Code 1989, § 114.151)

§ 114.152 FUMIGATION PROCEDURE.

    (A) All masks used in connection with fumigation shall be of the type approved by the
United States Bureau of Mines.

    (B) Every holder of a fumigation or pest control license shall notify the Police Department,
Fire Department, and Board of Health before commencing any fumigation by giving notice in
writing in the following form:

                                "Board of Health, City of Gary"

Location of fumigation _______________________________________________________.
                         (Address)

Name of owner of premises ____________________________________________________.

Kind of fumigant _____________________________________________________________.

Date                     to                     be                                          done
______________________________________________________________.

Hours of fumigation __________________________to______________________________.

Name                             of                                             owner-operator
_______________________________________________________.

Name of operator doing work __________________________________________________.

Number of operator permit ____________________________________________________.

    (C) Written or printed notice of warning shall be served on all occupants of the building in
which the fumigation or pest control work is to be performed.

    (D) Prior to fumigation, suitable warning signs shall be posted on all doors or entrances to
the premises to be fumigated, bearing the following notice.

                                            Danger      Keep Out
                                                                                      Page 54 of 115


                                  This place is being fumigated with a
                                              DEADLY GAS
                                   No one allowed to enter until after
                              operator in charge has aired out thoroughly.
              ___________________________________________________________
                    (Name of company)
                ________________________           ___________________________
                  (Address)                     (Phone)

These signs shall be printed in red ink and the first line, "Danger-Keep Out," shall be in letters
at least two inches high.
     (E) Only fumigation operators shall be allowed to enter rooms to be fumigated during the
placing of the fumigants. No one shall be allowed to enter the premises upon which work is
being performed until the work has been completed and the premises have been thoroughly
aired and made safe for occupancy.

    (F) All fumigant containers, residues, and materials shall be removed from the premises
and properly disposed of in accordance with the recommendations and instructions of the
manufacturers thereof.
('60 Code, § 8-509; Code 1989, § 114.152)

§ 114.153 TOXIC INSECTICIDES.

    It shall be unlawful for any person within the corporate limits of the city to use any
insecticide which is deemed by the Board of Health to be highly toxic or poisonous.
('60 Code, § 8-508; Code 1989, § 114.153)

                                     PUBLIC AMUSEMENTS

§ 114.160 THEATER LICENSE; FEES.26

    (A) It shall be unlawful for any person to conduct any theater, concert hall, nickelodeon,
mutoscope parlor, penny arcade, or other place of entertainment or amusement where the
entertainment is furnished through or by one or more automatic moving picture devices or
machines, without first having obtained a license so to do from the City Controller.
('60 Code, § 7-2301.1)

     (B) Any person who desires to operate a place of entertainment, as described in (A)
above, shall file an application for a license to do so with the Building Commissioner. This
application shall be on a form prepared by the Department of Buildings and shall contain the
following information.

    (1) The location and character of the entertainment sought to be licensed.

    (2) The type of the building and a full description of the apparatus to be used therein.

    (3) A floor plan of the room, showing the seating capacity and number of entrances and
        exits.

    (4) The provisions made for ventilation and the prevention and extinguishing of fires.

    (5) The hours between which entertainment is proposed to be conducted.
                                                                                     Page 55 of 115



    (6) Other information required by the Department of Buildings or the Chief of the Fire
        Department.
('60 Code, § 7-2301.2)

    (C) The license fee per annum for all indoor theaters shall be in the sum of $50.
    ('60 Code, § 7-2301.3) (Ord. 3666, passed; Code 1989, § 114.160)

§ 114.161 INSPECTION OF THEATERS.

    Upon filing the application provided for by § 114.160 (B), the Building Commissioner
shall, in person or by his deputy, inspect the premises where the entertainment is proposed to
be carried on and shall also notify the Chief of the Fire Department of the filing of the
application. It shall thereafter be the duty of the Chief of the Fire Department to make a
personal inspection of the premises. Both the Building Commissioner and the Chief of the Fire
Department are charged with the duty of seeing that the place of entertainment complies in all
respects to the laws of the state, this code, and all other laws of the city and that proper
precautions have been taken by the proprietor or operator thereof to protect persons and
property from fire and other dangers. If in the judgment of the Building Commissioner and the
Chief of the Fire Department, the place of entertainment complies with the above-mentioned
laws and is a safe and proper place to be licensed for the character of entertainment sought to
be carried on therein, they shall certify that fact to the City Controller, who will thereupon
issue to the applicant a license to conduct the place of entertainment for a period of one year.
('60 Code, § 7-2301.4; Code 1989, § 114.161)

§ 114.162 DISPLAY OF LICENSE.

    Upon receiving his license to operate a place of amusement, as described in § 114.160
(A) the holder thereof shall post the license in a conspicuous place within his place of
amusement where it may be seen at any time by persons attending the entertainment.
    ('60 Code, § 7-2301.5; Code 1989, § 114.162)

§ 114.163 ENFORCEMENT OF THEATER REGULATIONS.

     (A) The Building Commissioner and the Chief of the Fire Department are charged with the
duty and vested with the authority to visit any place of entertainment licensed as provided for
in this subchapter to inspect the premises and the apparatus, scenery, and other paraphernalia
therein, and to report promptly in writing to the Common Council if in their judgment the
place is not equipped, operated, and conducted according to law, as contemplated by this
subchapter and the statutes of the state, whereupon the Common Council may revoke the
license of the place of entertainment.

    (B) It shall be the further duty of the Building Commissioner and the Chief of the Fire
Department to report promptly to the City Attorney any violation of the provisions of this
subchapter or of the statutes of the state. The City Attorney shall thereupon prosecute the
violation of this subchapter or any other city laws and bring to the attention of the prosecuting
attorney the fact of the violation of the statutes of the state.
('60 Code, § 7-2301.6; Code 1989, § 114.1163)

§ 114.164 OUTDOOR THEATER LICENSE.27

    (A) For the purpose of this subchapter an "OUTDOOR THEATER" shall be deemed to be any
                                                                                      Page 56 of 115


work or construction which is used for the presentation of any theatrical, dramatic, or operatic
entertainment or motion pictures and which is designed and constructed to accommodate
motor vehicles.
    ('60 Code, § 7-2302.1)

     (B) Any person desiring to operate for profit an outdoor theater shall make application for
a license to the City Controller. This application shall be in writing and set out the following
information.

    (1) Full name of applicant.

    (2) Description of the kind of entertainment to be offered.

    (3) The place or location where the theater is to be constructed and operated.

    (4) The capacity of the theater.

    (5) The admission fees to be charged.
('60 Code, § 7-2302.2; Ord. 2860, passed; Code 1989, § 114.164)

§ 114.165 ISSUANCE OF OUTDOOR THEATER LICENSE.28

    The City Controller shall issue a license to the applicant authorizing him to conduct and
carry on the class and type of entertainment specified in the license at the place described and
for the period of time for which the license is issued, provided the following requirements are
met.

    (A) Approval of the application by the City Engineer with respect to compliance with the
        provisions of this subchapter and all other existing city laws affecting the theater.

    (B) There is nothing obscene immoral or dangerous in the character of the entertainment
        to be offered.

    (C) The person applying for the license is of good moral character.

    (D) Payment of the license fee hereinafter provided to the office of the City Controller.
    ('60 Code, § 7-2302.3) (Ord. 2860, passed; Code 1989, § 114.165)

§ 114.166 OUTDOOR THEATER LICENSE FEES.29

    The license fees for outdoor theaters shall be as follows.

    (A) For outdoor theaters with a capacity of less than 500 vehicles, $150 per year.

    (B) For outdoor theaters with a capacity of more than 500 but less than 750 vehicles,
        $200 per year.

    (C) For outdoor theaters with a capacity of more than 750 vehicles, $250 per year.
('60 Code, § 7-2302.4) (Ord. 2860, passed; Code 1989, § 114.166)

§ 114.167 TRANSFER OF OUTDOOR THEATER LICENSE.30
   It shall be unlawful for any person obtaining a license for the purpose of operating an
                                                                                       Page 57 of 115


outdoor theater to transfer or assign the license to any other person without first obtaining the
consent of the City Controller. Any person desiring to transfer the license and having received
the consent of the City Controller shall receive a certificate from the City Controller authorizing
the transfer or assignment, for which the transferee or licensee shall pay the sum of $10. Such
consent shall be given upon a showing that there will be compliance with all applicable laws
and ordinances.
    ('60 Code, § 7-2302.5) (Ord. 2860, passed; Code 1989, § 114.167)

§ 114.168 LOCATION, CONSTRUCTION OF OUTDOOR THEATERS.31

     (A) It shall be unlawful for any person to construct, conduct, operate, or maintain an
outdoor theater within 1,000 feet of any private residence, apartment house, or premises used
exclusively for residence purposes or from any church, school, or fire station. Any violation of
this provision is declared to be a nuisance.
     ('60 Code, § 7-2302.6)

    (B) Any person desiring to construct and establish an outdoor theater for the purpose of
operating it shall first submit his plans and specifications for the construction of the theater for
the approval of the City Engineer. The plans and specifications shall provide for adequate
parking facilities in addition to the parking area, for the purpose of observing the performance.
The parking area shall not be less than one half of the rated capacity area of the outdoor
theater. The premises shall also provide for adequate drainage and sewage disposal as well as
adequate lighting at all entrances and exits. The adequacy of the parking area, drainage,
sewage disposal, light, and the like shall be determined and approved by the City Engineer
and no license shall be issued by the City Controller until written approval is given by the City
Engineer.
    ('60 Code, § 7-2302.7)(Ord. 2860, passed; Code 1989, § 114.168)

§ 114.169 SPECIAL POLICEMAN AT OUTDOOR THEATERS.32

    (A) It shall be the duty of any person owning, leasing, or operating an outdoor theater to
have a person vested with police powers on duty at each entrance and exit of the theater to
regulate and control traffic and to maintain peace and order. The person shall be on duty
during the entire time any entertainment or motion pictures are being presented and shall be
furnished at the expense of the licensee. The person shall be subject to the approval of the
Chief of Police and the Board of Public Works and Safety.

    (B) It shall be the duty of the licensee to present an application to the Chief of Police for
the person who is to be placed on duty. The Chief of Police, upon receiving the application,
shall investigate the qualifications of the person and, if found suitable, make recommendation
to the Board of Public Works and Safety. Upon receiving the recommendation, the Board of
Public Works and Safety shall appoint that person a special policeman.

    (C) It shall be unlawful for any person to open an outdoor theater or receive admissions
until a duly qualified officer, as above provided, is on duty at each entrance and exit of the
theater.
('60 Code, § 7-2302.8)(Ord. 2860, passed; Code 1989, § 114.169)

§ 114.170 DANCE HALLS.33
     It shall be unlawful for any person to own, operate, or manage a dance hall or a dancing
pavilion for public dancing within the corporate limits of the city without having first obtained a
licensed therefor from the City Controller. The license fee for dance halls and dancing pavilions
                                                                                       Page 58 of 115


shall be $100 per annum, payable in advance.
    ('60 Code, § 7-2303.1; Code 1989, § 114.1170)

§ 114.171 SKATING RINKS.34

    It shall be unlawful for any person to own, operate or manage a skating rink within the
corporate limits of the city without having first obtained a license therefor from the City
Controller. The license fee for skating rinks shall be 100 per annum, payable in advance.
('60 Code, § 7-2303.2) (Ord. 2581, passed; Code 1989, § 114.171)

§ 114.172 CIRCUSES; CARNIVALS.35

    (A) It shall be unlawful for any person to own, operate, or manage a circus, side show,
carnival, or riding device, such as a merry-go-round, within the corporate limits of the city
without having first obtained a license therefor from the City Controller. The license fee shall
be as follows, payable in advance.

    (1) 1 to 10 attractions .......................................... $ 50
    (2) 11 to 20 attractions .......................................... 75
    (3) 21 or more attractions ........................................ 100

    (B) All licenses issued for the operation of a carnival containing 21 or more attractions
shall be separated by a period of 30 days from the closing date of the one prior and the
opening date of the succeeding one. In the event that more than one license application is
received by the Controller for any month, then the Controller shall grant a license to that
organization which first filed its application.
    ('60 Code, § 7-2303.3) (Ord. 2581, passed; Am. Ord. 5305, passed 8-2-77)

    (C) Divisions (A) and (B) above, in respect to carnivals and the payment of license fees,
shall not be applicable to veterans organizations, little leagues, and exempt organizations as
defined in the Internal Revenue Code 26 USC, 501 (c) (3) if the organization has been in
existence and active in the city for at least five years prior to the filing of the applications
herein provided. However, the carnival must be conducted and operated by the members
thereof only, and the organization shall not have the right to assign or transfer the exemption
herein granted to anyone else.

    (D) Any such organization desiring exemption from payment of license fees shall first
make application with the City Controller upon forms prescribed by the City Controller. This
application shall set forth the full name of the organization, its officers, when it was organized,
whether or not it has been active since its organization, the names of the persons accepting
responsibility for the operation and management of the proposed carnival, the nature of the
same, where and when it is contemplated to be held, together with a statement to the effect
that the carnival will be operated, controlled, and managed by members of the organization.

    (E) At the time the application is filed with the City Controller, the nonexempt organization
shall likewise file with the City Controller a good and sufficient indemnity bond with surety to
be approved by the City Controller, payable to the city and conditioned upon the faithful
compliance with the requirements of this subchapter and with the statement set out in the
application. This bond shall be in an amount equal to the fees required to be paid under this
subchapter wherein no exemption exists; and in all cases where the carnival may extend
beyond a period anticipated in the application, then an additional bond shall be furnished for
the additional period of time.
                                                                                       Page 59 of 115


   ('60 Code, § 7-2303.4) (Ord. 2600, passed; Am. Ord. 5143, passed 4-6-76; Am. Ord.
5305, passed 8-2-77; Code 1989, § 114.172)

§ 114.173 JUVENILE RIDING DEVICES.36

    It shall be unlawful for any person to own, operate, or manage a juvenile riding device
within the corporate limits of the city without having first obtained a license therefor from the
City Controller. A "JUVENILE RIDING DEVICE," for the purpose of this section, is defined to be
a mechanical riding device accommodating any number of passengers which shall be so
designed or constructed that the same may be used or occupied by minors not exceeding 12
years of age. Riding ponies not exceeding ten in number shall be deemed to be a single riding
device and each multiple of ten of riding ponies shall be deemed to be a separate riding
device. The license fee for juvenile riding devices shall be $10 per annum, payable in advance.
    ('60 Code, § 7-2303.5) (Ord. 2759, passed; Code 1989, § 114.173)

§ 114.174 SHOOTING GALLERIES.37

    It shall be unlawful for any person to own, operate, or manage a shooting gallery within
the corporate limits of the city without having first obtained a license therefor from the City
Controller. The license fee for a shooting gallery shall be $25 per annum, payable in advance.
    ('60 Code, § 7-2303.6) (Ord. 2581, passed; Code 1989, § 114.174)

§ 114.175 BOWLING ALLEYS.38

    It shall be unlawful for any person to own, operate, or manage a bowling alley within the
corporate limits of the city without having first obtained a license therefor from the City
Controller. The license fee for bowling alleys shall be $15 for each alley per annum, payable in
advance.
    ('60 Code, § 7-2303.9) (Ord. 3055, passed; Code 1989, § 114.175)

§ 114.176 PROFESSIONAL SPORTING EXHIBITIONS.39

     It shall be unlawful for any person to conduct any professional sporting exhibition within
the corporate limits of the city, including but not limited to wrestling, boxing, basketball,
football, and hockey, without having obtained a license therefor from the City Controller. The
license fee for professional sporting exhibitions shall be 25 per day, payable in advance.
However, any person who has been a bona fide resident of the city for at least one year prior
to applying for a license for professional sporting exhibitions shall pay in lieu of the fee set out
above the sum of $25 a year or for that portion of the year remaining up to December 31 of
any year. The license, when issued, shall be good for any and all professional sporting
exhibitions during the year.
     ('60 Code, § 7-2303.10) (Ord. 2581, passed; Am. Ord. 2626, passed; Code 1989, §
114.176)

§ 114.177 PERMANENT PRIVATELY-OWNED FACILITIES.40

    (A) Except as otherwise provided in § 163.009(E)(1)(d), all permanent amusement
privately-owned facilities, which are open to the general public located within the city limits,
are required to be completely enclosed by a fence to a minimum height of six feet containing
thereon a barbed wire top designed to discourage climbing.
    ('60 Code, § 7-2305.1)
                                                                                      Page 60 of 115


   (B) All permanent privately-owned amusement facilities which are open to the general
public, located within the city limits, are required to have an attendant present on the
premises during all hours of operation.
   ('60 Code, § 7-2305.2)

     (C) Failure to comply with the requirements set forth herein, within the time limits
prescribed by this section shall automatically result in the rejection and cancellation of any
license or permits to engage in the amusement business issued by any agency of the city.
     ('60 Code, § 7-2305.3)

    (D) This section shall not apply to golf course or country clubs, miniature golf courses,
archery ranges, or any Y.M.C.A. or Y.W.C.A. facilities of any nature, nor to temporary
amusement facilities.
    ('60 Code, § 7-2305.5)

    (E) Responsibility for enforcement of the terms of this section shall reside with the Director
of the Department of Development and Planning.
    ('60 Code, § 7-2305.6; Ord. 4459, passed; Code 1989, § 114.177)

§ 114.178 OBSCENE OR UNSAFE PUBLIC AMUSEMENTS.41

    (A) It shall be unlawful to exhibit any play, picture, pantomime, or other representation or
performance inimical to the public safety, health, morals, or welfare within the city. However,
this section shall not be construed to prevent the private exhibition of any picture, play,
pantomime, or representation for purely scientific or educational purpose, nor those exhibited
by any recognized school, college, seminary, or other educational institution as a part of its
educational work.
    ('60 Code, § 7-2304.9)

    (B) Any person who aids or abets in the showing or exhibition of any\immoral, lewd, or
lascivious picture or any o\ immoral, lewd, or lascivious act, performance, representation,
play, or pantomime, or who knowingly assents to the use of any theater, building, obscene
lewd, or lascivious act, performance, representation, play or pantomime, shall be guilty of a
punishable violation.
    ('60 Code, § 7-2304.10; Code 1989, § 114.178)

§ 114.179 COPY OF REGULATIONS TO BE POSTED.

    A printed copy of this subchapter shall be conspicuously posted in the business office of
each theater and moving picture show, in each dressing room connected with any theater, and
in the operating room of all theaters showing motion pictures, by the proprietor, manager, or
operator thereof; and the printed copy shall be furnished by the City Clerk.
    ('60 Code, § 7-2304.11; Code 1989, § 114.179)

§ 114.180 GAMBLING ON RIVERBOATS.

     The Common Council legislative body of the city hereby permits the docking of riverboats
for the purpose of conducting gambling games in the city.
     (Ord. 6700, passed 2-15-94; Code 1989, § 114.180)

                               RIDING STABLES AND ACADEMIES
                                                                                     Page 61 of 115


§ 114.185 DEFINITIONS.

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

    "AFTER DARK." One hour after sunset to one-half hour before sunrise.

    "RIDING STABLE" or "ACADEMY." Any place where horses or ponies are rented for hire for
the purpose of horseback riding.
    ('60 Code, § 8-1701; Ord. 4108, passed; Code 1989, § 114.; Code 1989, § 114.185)

§ 114.186 LICENSE APPLICATION.

    Any person desiring to conduct and operate a stable or academy or carry on the business
of renting horses for the purpose of horseback riding, shall make application for a license to do
so with the City Controller. The application shall be on a form prepared by the City Controller
and shall contain the following information.

    (A) The location of the stables, corrals, and other places where the horses are to be kept.

    (B) A floor plan of the stables showing entrances and exits.

    (C) The provisions made for ventilation, sanitation, disposal of refuse, and the prevention
        and extinguishing of fires.

    (D) Proposed bridle paths to be used.

    (E) The hours during which applicant proposes to operate.

    (F) Number, description, including sex, height, color, and name of horses and ponies
        proposed to be kept for hire.
    ('60 Code, § 8-1702) (Ord. 4108, passed; Code 1989, § 114.186)

§ 114.187 INSPECTION.

    Before any licenses shall be granted and as a condition precedent thereto, the Department
of Health of the city shall cause the stables, corrals, and other places where the horses are to
be kept to be inspected and shall report in writing to the City Controller the result of the
inspection.
    ('60 Code, § 8-1703) (Ord. 4108, passed; Code 1989, § 114.187)

§ 114.188 INSURANCE REQUIRED.42

    Before any license shall be issued, the owner or operator of any stable or riding academy
shall furnish and deposit with the City Controller a public liability and property damage
insurance policy insuring the owner or operator and indemnifying the city against liability for
damages sustained by any person. The insurance policy shall provide coverage in the amount
of $25,000 for the injury or death of any one person as a result of any one accident and it
shall provide coverage in the amount of $50,000 in the aggregate, for the injury or death of
two or more persons in any one accident, and coverage of $10,000 for property damage. The
owner or operator shall at all times furnish proof that he is covered as required by law under
the Indiana Workers Compensation Act in respect to his employees.
                                                                                      Page 62 of 115


    ('60 Code, § 8-1704) (Ord. 4108, passed; Code 1989, § 114.188)

§ 114.189 FEES.43

    The applicant for a license shall, at the time the application is filed, pay to the City
Controller the annual license fee of $25, together with an additional fee of $5 for each horse or
pony to be kept for hire. In the event the license is refused or not issued, all fees shall be
returned. The fees set forth herein are annual fees and in case of renewal shall be paid on or
before January 15 for the calendar year involved. The fees shall not be pro-rated.
    ('60 Code, § 8-1705) (Ord. 4108, passed; Code 1989, § 114.189)

§ 114.190 REGISTER.

    It shall be the duty of the owner or operator of a stable or riding academy to keep a
register book which shall be open to public inspection at all reasonable times. The register
shall contain the name and address of all persons renting horses for riding use. The register
shall also show the time the horse left the stable and the time it was returned.
    ('60 Code, § 8-1706) (Ord. 4108, passed; Code 1989, § 114.190)

§ 114.191 RIDING REGULATIONS.

    (A) It shall be unlawful for any person to ride any saddle-horse or pony within the
corporate limits of the city at an extended canter or run.
    ('60 Code, § 8-1707)

    (B) It shall be unlawful for any person to ride any saddle-horse or pony within the
corporate limits of the city at any other pace than a walk after dark.
    ('60 Code, § 8-1708)

    (C) No person shall ride any horse or pony on any public property not duly dedicated for
roadway or bridle path purposes or upon any private property without the permission of the
owners thereof.
    ('60 Code, § 8-1709)

    (D) Every person riding a horse or pony within the corporate limits of the city shall
observe all traffic rules and regulations applicable thereto and shall turn only at intersections,
signal at all turns, ride to the right-hand side of all roadways, and shall pass to the right when
meeting approaching traffic.
    ('60 Code, § 8-1710)

    (E) When any group consisting of more than two persons are riding together, they shall
ride not more than two abreast and after dark they shall ride single file.
    ('60 Code, § 8-1711) (Ord. 4108, passed; Code 1989, § 114.191)

                            SECONDHAND AUTOMOBILE DEALERS*

State law reference—Regulation of vehicle sales, IC 9-23-2-1 et seq.

§ 114.195 LICENSE REQUIRED.

    It shall be unlawful for any person to engage in, carry on, maintain, or conduct the
business of buying, selling, or dealing in secondhand motor vehicles in the city unless and until
                                                                                        Page 63 of 115


that person has applied for and received a license so to do from the City Controller.
    ('60 Code, § 7-2001) (Ord. 2207, passed; Code 1989, § 114.195)

§ 114.196 APPLICATION. 44

    (A) Any person desiring to obtain a license to conduct, maintain, carry on, or engage in
the business of buying, selling, or dealing in secondhand motor vehicles shall make application
therefor in writing to the City Controller.
    ('60 Code, § 7-2002)

    (B) All application forms shall be prescribed and furnished by the City Controller and shall
contain the following information.

    (1) The name and post office address of the applicant.

    (2) Whether the applicant is a person or persons, firm, partnership, or corporation.

    (3) The street number of the building, structure, or place in which the applicant intends to
        carry on, maintain, conduct, or engage in the business.

    (4) Other information the Committee on Secondhand Motor Vehicle Dealers' Licenses,
        hereinafter provided for, or the City Controller shall require.

    (5) The application shall be signed by the applicant or its proper officers.
    ('60 Code, § 7-2003) (Ord. 2207, passed; Code 1989, § 114.)

    (C) Each application filed with the City Controller for a license under this subchapter must
be accompanied by a fee of $200.00.

 ('60 Code, § 7-2004; Code 1989, § 114.196) (Ord. 3053, passed) (Ord. No. 6576, §
1(114.196(C)), 12-3-1991)

§ 114.197 LICENSES FOR ADDITIONAL LOCATIONS.45

     (A) For each additional location there shall be a licensing fee of $100.00 and there must
be an application filed for each location for which the applicant seeks a license to do business.
The application for each and every location must be considered and approved by the
Committee on Secondhand Motor Vehicle Dealers' Licenses. The second application for a
license to operate as a secondhand motor vehicle dealer in the city shall differ in no respect
from the first application except that a fee l of $100.00 shall be required instead of $200.00.

     (B) Approval of a license to do business on one location by the Committee does not in
itself warrant the issuance of a second license to do business on a second location; but
additional licenses sought by any person shall be considered by the Committee on the
application for a license covering an additional location and may be rejected by the Committee
for cause.
     ('60 Code, § 7-2005; Ord. 3053, passed; Code 1989, § 114.197; Ord. No. 6576, §
1(114.197(A)), 12-3-1991)

§ 114.198 LICENSING COMMITTEE.

    (A) There is created a Licensing Committee on Secondhand Motor Vehicles Dealer's
                                                                                       Page 64 of 115


Licenses which shall consist of five members as follows.

    (1) The Chief of Police.

    (2) The City Controller.

    (3) One to be selected by the Mayor.

    (4) Two members of the Council to be appointed by the Common Council.

   (B) This committee shall at its first meeting elect those officers the Committee deems
necessary.
   ('60 Code, § 7-2006)

    (C) The Committee on Secondhand Motor Vehicle Dealers' Licenses shall meet on the first
Monday of each month or at a time reasonable and convenient to be designated by the
Committee upon notification by the City Controller that applications for a secondhand motor
vehicle dealer's license in the city has been filed with the City Controller. Special meetings may
be called by the Chairman of the Committee at any time deemed necessary upon written
notice to all members.
    ('60 Code, § 7-2007)

     (D) It shall be the duty of the Committee to decide whether: the applicant is a person of
good moral character or, if a partnership, whether the partners are men persons of good
moral character; and whether the proposed location would constitute a nuisance, fire hazard,
or in any way jeopardize the safety of citizens of the city.
     ('60 Code, § 7-2008; Ord. 2207, passed; Code 1989, § 114.198)

§ 114.199 APPEARANCE OF APPLICANT BEFORE COMMITTEE.

    The City Controller shall, upon the filing of an application for a license under the provisions
of this subchapter, notify the members of the Committee on Secondhand Motor Vehicle
Dealers' Licenses, before whom the applicant shall appear in person at the Committee's next
regular meeting.
    ('60 Code, § 7-2010) (Ord. 2207, passed; Code 1989, § 114.199)

§ 114.200 ISSUANCE OF LICENSE.

        The Committee on Secondhand Motor Vehicles Dealers' License shall refuse, for cause,
to authorize a license, or shall, if there is no cause for acting otherwise, authorize the City
Controller to issue a license to the applicant. If the applicant and the application are found to
be satisfactory, the Committee shall authorize the City Controller to issue a license to the
applicant authorizing him to conduct, maintain, engage in, and carry on the business of
buying, selling, or dealing in secondhand motor vehicles in the city in the place designated in
the license.
 ('60 Code, § 7-2009) (Ord. 2207, passed; Am. Ord. 6576, passed 12-3-91; Code 1989, §
114.200) (Ord. No. 6576,§ 1(114.200), 12-3-1991)

§ 114.201 DENIAL OR REVOCATION OF LICENSE.

   (A) The Committee on Secondhand Motor Vehicle Dealers' Licenses is authorized for good
cause shown, and after a hearing, to refuse to issue or renew a license or to duly and properly
                                                                                      Page 65 of 115


advise the Mayor for cause to revoke a license. No action in refusing to issue, renew, or revoke
a license shall be taken until the applicant or licensee has been furnished with a statement in
writing of the specific charges against him and a five-day notice of the time and place of the
hearing of the licensee shall be mailed to him, by registered mail, at his last known address.

    (B) In the event that any person holding a permit as a secondhand motor vehicle dealer
shall violate or permit to be violated any of the provisions of this subchapter, any provisions of
any ordinance or of any law relating to or regulating the automobile business, or any
applicable law of the state, or shall conduct or carry on the business in an unlawful manner or
cause or permit the business to be conducted or carried on unlawfully, it shall be the duty of
the Committee to notify the licensee in default. After a hearing as herein provided, the
Committee shall duly and properly advise the Mayor, and the Mayor shall, in addition to the
other penalties provided by this code chapter, suspend or revoke the license issued for
conducting or carrying on the business.
    ('60 Code, § 7-2011)

     (C) In the event any person is issued a license under the provisions of this subchapter and
it is revoked for cause, no license shall be granted to that person to conduct or carry on the
business within six months after the revocation.
('60 Code, § 7-2017) (Ord. 2207, passed; Code 1989, § 114.201)

§ 114.202 DISPLAY OF LICENSE.

   Each licensee under the provisions of this subchapter shall display the license issued in a
conspicuous place in this place of business.
   ('60 Code, § 7-2012) (Ord. 2207, passed; Code 1989, § 114.202)

§ 114.203 CHANGE OF LOCATION.

     If a licensee, under the provisions of this subchapter shall at any time change the location
of his place of business, he shall again file with the City Controller a new application for a
license to do business in the new location, which shall be handled as outlined in § 114.196
and 114.197.
('60 Code, § 7-2013) (Ord. 2207, passed; Code 1989, § 114.203)

§ 114.204 LAPSE OF LICENSE; RENEWAL.46

    (A) No license shall lapse prior to January 31 of the next year following the year for which
the license was issued. If by January 31 an application for a renewal license has not been
made, the former license shall lapse and become null and void.
    ('60 Code, § 7-2015)

    (B) All applications for renewal licenses shall be made on forms which shall be prescribed
and furnished by the City Controller. A renewal fee shall consist of $50/plus an additional fee
for secondhand motor vehicles sold:

              1 - 20 vehicles                               $5
             21 - 50 vehicles                               10
             51 - 100 vehicles                              20
            101 - 200 vehicles                              30
           over - 200 vehicles                              40
('60 Code, § 7-2014; Code 1989, § 114.204) (Ord. No. 2207, passed; Ord. No. 6576, §
                                                                                      Page 66 of 115


1(114.204(B)), 12-3-1991; Ord. No. 6643, §1, 11-17-1992)

§ 114.205 DISCONTINUANCE OF BUSINESS.

    Any person who may hereafter hold a license as a secondhand motor vehicle dealer and
who discontinues business for a period exceeding 30 days will automatically relinquish all
rights or interest in the license; and the license shall be revoked by the Mayor without any
further action on the part of the City Controller or the Committee on secondhand Motor Vehicle
Dealers' Licenses.
    ('60 Code, § 7-2016) (Ord. 2207, passed; Code 1989, § 114.205)

§ 114.206 CONDUCT OF EMPLOYEES.

    Every person operating under the provisions of this subchapter shall be held strictly
responsible for the conduct of his employees insofar as the sales or purchases of secondhand
motor vehicles are concerned. It shall be his duty to see that no motor vehicles are sold or
purchased by his agents or any other person in and upon his premises or location, other than
his own motor vehicles, unless the person has a license as provided for in this subchapter.
('60 Code, § 7-2018) (Ord. 2207, passed; Code 1989, § 114.206)

§ 114.207 RECORDS.

    Each licensee shall keep a book or other suitable record which shall contain an accurate
description of any secondhand motor vehicle taken or received by the licensee. Every entry
shall be made at the time when the secondhand motor vehicle is purchased, taken, or
received, and the book or record in which the entries are made shall be kept and preserved in
and at the place of business of the licensee. The description shall include the engine number, if
any; the maker's number, if any; and any other information that shall be required by the City
Controller, the Police Department, or the Committee on Secondhand Motor Vehicle Dealers'
Licenses. The book or record shall at all reasonable times be open to the inspection of any
member of the Committee, or any duly authorized agent thereof, the City Controller, any
member of the Police Force of the city, or any member of the State Police.
    ('60 Code, § 7-2019) (Ord. 2207, passed; Code 1989, § 114.207)

§ 114.208 ENFORCEMENT BY POLICE.

    It shall be the duty of the Chief of Police to designate some member of his Force to make
an investigation of any secondhand motor vehicle dealer whom he might have reason to
believe is not conforming to this subchapter or any ordinance or law pertaining to the
possession and sale of secondhand motor vehicles. The officer shall investigate any
secondhand motor vehicle dealer for violation of this subchapter on information given him of
the violations. It shall be the duty of the designated police officer to make a monthly report to
the Committee on Secondhand Motor Vehicle Dealers' Licenses upon his findings.
    ('60 Code, § 7-2021) (Ord. 2207, passed; Code 1989, § 114.208)

§ 114.209 EXHAUST EMISSIONS TEST REQUIRED ON USED CARS.47

    (A) It shall be required that any used car retailer within the city have performed, prior to
the sale, an exhaust emission test as required by the State Air Pollution Control Board.

    (B) Each used vehicle sold must display a sticker from an official vehicle inspection station.
                                                                                    Page 67 of 115


     (C) It shall be an infraction violation for any used car dealer not having any used vehicle
tested prior to sale and the fine for the first violation shall be a fine of $250 and for any
infraction thereafter the fine shall be $500.
(Code 1989, § 114.209; Ord. No. 6522, §§ I--III, 3-19-1991)

                             TAXICAB AND LIMOUSINE SERVICE*

*State law reference— Limousine defined, IC 8-2.1-17-9.3; taxicab defined, IC 8-2.1-17-
16; exemptions from state regulation, IC 8-2.1-22-2.1; public passenger chauffeur's license,
IC 9-24-5-1 et seq.; persons prohibited from securing a license, IC 9-24-2-3, regulation of
vehicles for public hire, IC 36-9-2-4.

§ 114.215 DEFINITIONS.

    In order to protect the citizens of and visitors to Gary, Indiana, and to provide an
adequate system for the transportation of the citizens and visitors in Gary, Indiana, the
business of transportation of passengers for hire in any motor vehicle defined by state law 8-
2.1-17-16 as a "taxi," as a "van" or "limousine" is hereby regulated.

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

    "DRIVER." Any person who is actually in physical control of a taxicab.

     "JITNEY." Any motor vehicle used for the purpose of transportation of passengers for hire,
over and the upon the public streets, highways, and alleys, including those streets and
highways within the state highway system, or within the corporate limits of the city, and not
licensed as a taxicab as provided by the ordinances of the city or authorized by any authorized
body of the state or the United States of America as a common or contract carrier of
passengers.

    "LIMOUSINE." A motor vehicle which is a passenger vehicle and is designed and
constructed to accommodate and transport not less than seven (7) or more then fifteen (15)
passengers, including the driver, and is offered for hire from a place of departure within Gary,
Indiana.

    "OPERATING FOR HIRE." Any person who engages in transportation by the vehicle of
property or passengers for compensation (including household goods movers) over either
regular or irregular routes. And, operating for hire not only includes actual carriage of
passengers for compensation; but, operation of vehicle along highways in course of soliciting
passengers; or, while standing at locations set apart for solicitation of passengers; and also,
includes such operation as necessary in picking up passengers and leaving them at their
destinations.

    "OPERATING WITHIN." Every act of a taxicab within the City of Gary which extends to:

    (1) The corporate limits of the municipality of Gary;

    (2) The territory wholly within Gary that extends not more than one (1) mile beyond the
        corporate limits of the municipality of Gary, plus an extension of one (1) additional
        mile for each fifty thousand (50,000) persons or major fraction thereof in the
        municipality excluding any other municipality in the extended territory.
                                                                                    Page 68 of 115


    "OPERATOR." Any person owning, in charge of, or managing a taxicab or limousine
business in the City of Gary.

    "TAXICAB." means a motor vehicle that:

    (1) Is designed and constructed to accommodate and transport not more than six (6)
        passengers in addition to the driver; and

    (2) Does not operate over any definite and designated routes within the corporate
        boundaries of a city or town and the suburban territory of a city or town; and

    (3) Transports passengers to the destination designated by the passengers at the time of
        their transportation.

    "TAXIMETER." An instrument or fare-registering device attached to a taxicab and designed
to register mechanically the distance traveled by the taxicab, to record the time the taxicab is
in waiting, and to indicate upon the record, by figures, the fare to be charged in dollars and
cents.

    "VAN." A motor vehicle which is a passenger vehicle designed and constructed to
accommodate and transport not more than seven (7) passengers, including the driver, and is
offered for hire from a place of departure within Gary, Indiana and which is not licensed as
taxi. The term "limousine" as used in this section shall be deemed to include the word "van"
and the provisions of such articles shall apply to the vans and van drivers in the same manner
as to limousines and limousine drivers.
(Code 1989, § 114.215; Ord. No. 6667-A, § 114.215, 5-4-1993; Ord. 6711, passed 5-4-94;)

§ 114.216 BOARD OF TAXICAB AND LIMOUSINE EXAMINERS. 48

    (A) All members of the Board of Taxicab and Limousine Examiners shall be appointed by
the Mayor, excepting the members of the Common Council, who shall be elected by the
Common Council. and Taxicab or Limousine Companies who have a taxi situs within the city
shall elect one member to serve as a voting member on the Board.

     All members shall serve for a period of one year from the date of his respective
appointment and until his successor is duly appointed and qualified. The members of the
Board, before entering upon their duties, shall qualify by taking, subscribing, and filing a
written oath to support the Constitution and laws of the United States and of the state and to
faithfully administer their duties under this subchapter. The oath shall be filed with the City
Clerk. Members of the Board shall serve without compensation.
     ('60 Code, § 7-2202).

    (B) The Board shall elect a President and Vice-President and adopt rules and regulations
deemed necessary and expedient for the purpose of administering this subchapter. The Deputy
Sealer shall be the Secretary of the Board. The rules and regulations may be from time to time
amended or changed by majority vote of the Board. The Secretary shall keep permanent
minutes of its meetings and a record of applications filed, the result of examinations of
applicants, the vote thereon, and all other proceedings of the Board. The Deputy City Sealer
shall be further empowered as hereafter set forth. A majority of sworn members of the Board
shall constitute a quorum for doing business. (60 Code, § 7-2203).

   (C) The City Sealer shall be empowered to act on the Board of Taxicab and Limousine
Examiners with full power when it is impossible to get the required number of members
                                                                                       Page 69 of 115


assembled to form a quorum.
    ('60 Code, § 7-2204) (Ord. 2650, passed; Am. Ord. 6711, passed 5-4-94; Code 1989, §
114.216)

§ 114.217 AGE OF TAXICABS AND LIMOUSINES.

     When a taxicab is first licensed, the model year, subtracted from the current calendar year
shall be three (3) or less. It shall be unlawful to operate a motor vehicle as a taxicab if its
model year, subtracted from the current calendar year is eight (8) or greater. When a
limousine is first licensed, its model year, subtracted from the current calendar year shall be
five (5) or less. It shall be unlawful to operate a motor vehicle as a limousine if its model year,
subtracted from the current calendar year, is ten (10) or greater. When a taxicab or limousine
becomes ineligible for operation pursuant to this section, it shall be deemed to have been
removed from service and no city sticker may be issued for such motor vehicle.
(Ord. 6711, passed 5-4-94; Code 1989, § 114.217)

§ 114.218 SUPERVISION OF DRIVERS.

    Taxi and limousine drivers at all times shall be under the control or subject to the direction
of a licensed owner or operator.
('60 Code, § 7-2207) (Ord. 2650, passed; Am. Ord. 6711, passed 5-4-94; Code 1989, §
114.218)

§ 114.219 TAXICAB AND LIMOUSINE FARES.49

    (A) A minimum fare for one taxi passenger or for a group of passengers not to exceed four
in the same party, of $1.20 and a maximum fare of $1.40 for the first 1/10 mile or fraction
thereof, and a minimum of 10 cents for each additional 1/10 mile or fraction thereof, traveled
by the passenger in the taxicab, shall be charged.

     (B) For waiting time a taxi's minimum charge of 35 cents and a maximum of 50 cents for
the first four minutes, and a minimum of 35 cents and a maximum of 50 cents for each
additional four-minute period of waiting time shall be charged. Waiting time shall include the
time when the taxicab is not in motion, beginning with the arrival at the place to which it has
been called or the time consumed while standing at the direction of the passenger; but no
charge shall be made for the time lost for the inefficiency of the taxicab or its driver, time
consumed for premature response to a call, or time lost at railroad crossings while waiting for
trains to pass. The above charge shall be binding upon the owners and drivers of all licensed
taxicabs.

    (C) Restrictions on limousine rates and schedules. The schedule of rates for limousine
services shall be restricted as follows:

    (1) Rates shall be calculated only upon an hourly basis or a fraction thereof.

    (2) The minimum rental rate for the first hour shall be forty dollars ($40.00) with a
        minimum rental period of one (1) hour if the transportation is not prearranged at least
        two (2) hours prior to the commencement of the transportation.

    (3) The minimum rental rate for the first hour shall be thirty dollars ($30.00) with a
        minimum rental period of one (1) hour if the transportation is prearranged at least two
        (2) hours prior to the commencement of the transportation.
                                                                                    Page 70 of 115



    (4) The minimum rental rate for the first hour may not be discounted in any manner,
        whether directly or indirectly, by coupon, discount certificate or any other device.

    (D) The Board of Taxicab and Limousine Examiners are authorized from time to time to
adjust the fares within the minimum and maximum fares set out in division (A), (B) and (C)
above.

    (E) If demanded by the passenger, the driver in charge of a taxicab shall deliver to the
person paying for the hiring of the name, at the time of the payment, a receipt therefor, in
legible type or writing, containing the name of the owner, the city license number or the
driver's city license number, and any times for which a charge is made, the total amount paid,
and the day of payment.
('60 Code, § 7-2208) (Ord. 2650, passed; Am. Ord. 4379, passed; Am. Ord. 4892, passed 5-
14-74; Am. Ord. 5640, passed 4-15-80; Am. Ord. 6290, passed 11-1-88; Am. Ord. 6711,
passed 5-4-94; Code 1989, § 114.219)

§ 114.220 REFUSAL TO CARRY PASSENGERS.

    Every driver of a taxicab shall have the right to demand payment of the legal fare in
advance and may refuse employment unless so prepaid, but no driver of a taxicab shall
otherwise refuse or neglect to convey any orderly person, upon request, anywhere in the city
unless previously engaged or unable to do so. No driver of a licensed taxicab shall carry any
other person than the passenger first employing the taxicab without the consent of the first
passenger.
    ('60 Code, § 7-2209) (Ord. 2650, passed; Am. Ord. 6290, passed 11-88; Am. Ord. 6711,
passed 5-4-94; Code 1989, § 114.220)

§ 114.221 NONPAYMENT OF TAXICAB FARE.50

    It shall be unlawful for any person to contract for transportation in a taxicab or to obtain
transportation in any taxicab without paying for the transportation at the termination thereof
at any legal rate required or according to the amount set forth in the taximeter in the taxicab.
The driver of any taxicab is authorized to transport any person failing or refusing to pay for
the transportation within the limits of the city to the police station of the city, and he shall
thereupon immediately swear to an affidavit against the person for violation of this
subchapter.
    ('60 Code, § 7-2210) (Ord. 2650, passed; Am. Ord. 6711, passed 5-4-94; Code 1989, §
114.221)

§ 114.222 TAXICAB STANDS.51

    (A) Taxicab stands are set apart and designated for the exclusive use of licensed taxicabs
and for parking while waiting for passengers or for receiving phone calls from passengers. It is
unlawful for any other vehicle for any time whatsoever to use or park in taxicab stands or
spaces except that passenger vehicles, when the stands are not occupied by taxicabs, may
temporarily drive into the stands to discharge and receive passengers but must immediately
depart upon the arrival of any licensed taxicab which desires to use the stand. Such spaces
may be used at any time by the owner or occupants of the buildings and real estate fronting
upon the spaces for receiving or discharging merchandise onto the real estate or into the
buildings situated thereon.
    ('60 Code, § 7-2213)
                                                                                      Page 71 of 115



     (B) It shall be the duty of the Deputy City Sealer and the Chief of Police to allocate and
divide the above-mentioned spaces set aside as taxicab stands among the different licensed
operators. The decision of the Deputy City Sealer and the Chief of Police shall be binding upon
all the licensed taxicab operators in the city; and in the event that the Chief of Police and the
Deputy City Sealer cannot agree, then the Mayor shall decide and his vote thereon shall be
final. When taxicab stands have been so allocated and divided among the operators, it shall be
unlawful for the operators or their drivers to park taxicabs in stands which have been allocated
to another operator. The spaces, heretofore existing under prior ordinance, shall remain
assigned as they now exist.
     ('60 Code, § 7-2214)

     (C) Within the limits of the taxicab stands and spaces set aside for the parking of taxicabs,
licensed taxicabs may be parked without limitation as to the length of time except as provided
in division (A) above. It shall be unlawful for any taxicab driver to allow or permit the engine
of any taxicab to run while being parked in these stands or to allow or permit any part of a
taxicab to extend beyond the space designated.
     ('60 Code, § 7-2215)

    (D) It shall be the duty of the Police Department to paint lines around the spaces set aside
at taxicab stands and to place suitable markers on each and thereof to warn the public that
the stands are for the exclusive use of taxicabs.
    ('60 Code, § 7-2216) (Ord. 2650, passed; Am. Ord. 6711, passed 5-4-94; Code 1989, §
114.222)

§ 114.223 DRIVER'S IDENTIFICATION.

    (A) Every taxicab under the provisions of this subchapter shall have the name of the
company printed plainly in letters two inches in height on each side of the taxicab in the
center of the main panel of the taxicab. (This section does not apply to limousines.) ('60 Code,
§ 7-2217)

    (B) Every licensed vehicle for hire driver shall cause to be displayed, upon a card within
the portion of the vehicle occupied by the passenger, a photograph of the driver identical with
photograph required by § 114.246 (B), the name of the driver, and his license number
inscribed thereon, the card shall be placed in a position so that any person seated in the rear
seat of the vehicle may easily observe the card. (This Section applies to all vehicles for hire.)
('60 Code, § 7-2218) (Ord. 2650, passed; Am. Ord. 6711, passed 5-4-94; Code 1989, §
114.223)

§ 114.224 RECORD OF CALLS.

    All vehicle for hire drivers operating according to the provision of this subchapter shall
keep a daily record of all calls made and passengers transported. This record shall contain the
time and place when and where the passenger was secured, the place where the passenger
was taken, and the number and sex of passengers. This record shall be kept by the licensee,
at the place of business stated in the license, for 60 days. This record shall be open to
inspection by any police officer at all times.
    ('60 Code, § 7-2219) (Ord. 6711, passed 5-4-94; Code 1989, § 114.224)

§ 114.225 PASSENGER REGULATIONS.
                                                                                       Page 72 of 115


     (A) It shall be unlawful for the owner, operator, or driver of any licensed vehicle for hire to
permit more than one person in the front seat with the driver of the vehicle, and no passenger
shall be permitted to ride on the fender's footboard, on top of the doors or hood of the vehicle,
or in any other place on the outside of the vehicle.
     ('60 Code, § 7-2220) (Ord. 2650, passed)

    (B) All passengers shall be taken on and discharged from a taxi cab or limousine at the
curb of the roadway.
    ('60 Code, § 7-2221)

    (C) It shall be unlawful for any driver, operator, or person in charge of any taxicab or
limousine to make a loud noise, by voice or otherwise, for the purpose of soliciting and
obtaining passengers for the vehicle.
    ('60 Code, § 7-222)

    (D) No limousine shall be offered for service except by prearranged agreement.
    (Ord. 6711, passed 5-4-94; Code 1989, § 114.225)

§ 114.226 NUMBER OF LICENSES.

    The number of taxicabs and limousines to be operated in the city is limited to one for each
1,900 population or fraction thereof, based on last preceding United States census. No licenses
shall be issued in excess of the number represented by that ratio.
    ('60 Code, § 7-2223) (Ord. 2706, passed; Am. Ord. 2859, passed; Am. Ord. 6711,
passed 5-4-94; Code 1989, § 114.226)

§ 114.227 SUSPENSION, REVOCATION OF LICENSES.

    (A) The Board of Taxicab and Limousine Examiners is empowered to suspend or revoke for
cause any license issued to an owner operator or vehicle for hire driver after a full hearing
before a quorum of the Board, complaints or charges may be preferred against any operator
or driver against whom a complaint has been made or charges filed shall be given no less than
five days' notice of a hearing to be held upon the charges or upon the complaint; and at the
time of giving the notice, he shall be served in person or by mail with a written statement of
the complaint made or charges filed. Upon the filing of charges with the Secretary of the
Board, the Secretary shall no later than the next regular meeting of the Board present the
charges before the Board for hearing. The Secretary may, in his discretion, call a special
meeting of the Board for the purpose of hearing any complaints or charges preferred or filed
with him. Upon the hearing duly had by the Board, the Board may either revoke the license so
issued or suspend the license for a period of time not exceeding six months.

    (B) The decision of the Board for suspension or revocation shall be final; however, any
person against whom an order of suspension or revocation has been entered shall be entitled
to a hearing upon filing an affidavit with the Secretary of the Board to the effect that he has
new or additional evidence to present to the Board which he had no opportunity to present at
his hearing or which came to his knowledge thereafter. Upon the filing of the affidavit with the
Secretary, the person shall be entitled to be heard at the next regular meeting of the Board.
    ('60 Code, § 7-2224) (Ord. 2650, passed; Am. Ord. 6590, passed 12-18-91; Ord. No.
6591, § 114.227, 12-18-1991; Am. Ord. 6711, passed 5-4-94; Code 1989, § 114.227)

§ 114.228 CITY SEALER TO KEEP REGISTER.52
                                                                                      Page 73 of 115


     The City Sealer shall keep a register showing the names and addresses of each person
operating a vehicle for hire licensed under this subchapter, together with the license number,
description, make, seating capacity, and the date on which the license is issued to the vehicle.
He also shall keep a record of the insurance policy including the date of issue and expiration,
the amount, and the name and address of the agent and company issuing the policy, the
address of the place of business and the telephone number. The City Sealer also may keep a
record of the address of the Gary vehicle for hire office and the address of the vehicle for hire,
office personnel.
(Code 1989, § 114.228; Ord. No. 6591, § 114.228, 12-18-1991; Ord. 6711, passed 5-4-94;)


§ 114.229 TAXICAB AND LIMOUSINE OWNER'S OPERATOR LICENSE.53

(A) It shall be unlawful for any person to engage in the business of operating taxicabs or
limousines within the city until that person has received an owner's operator license as
hereinafter provided. ('60 Code, Sec. 7-2226)

(B) Whenever a person shall desire to engage in the business of operating taxicabs in the city,
that person shall file a written application for an owner's operator license with the City Sealer
on a form to be furnished by the City Sealer. The application forms shall contain the following
facts:

(1) The full name and address of the applicant; if a partnership, the name and address of each
partner; if a corporation, the names and addresses of the officers and the board of directors
thereof; and the name of the general manager of the business.

(2) The address of the principal place of business of the applicant and where the applicant's
office or other place of business will be located in the city.

(3) The experience, if any, the applicant has had in the business.

(4) Number of vehicles the applicant desires to operate.

(5) Statement of the financial responsibility of the applicant.

(6) Other information the Board of Taxicab Examiners shall from time to time require. ('60
Code, Sec. 7-2227) (Ord. 2650, passed)

(C) It shall be unlawful for any operator of a vehicle for hire in the City of Gary to not have a
visible place of business located in the City of Gary, staffed by a dispatcher and other
personnel on premises and opened during all available hours to Gary customers.
(Code 1989, § 114.229) (Ord. No. 6591, § 114.229, 12-18-1991) (Ord. No. 6711, § 114.229,
5-4-1994)

§ 114.230 LICENSE APPLICATION.

(A) The secretary of the Board of Taxicab and Limousine Examiners, upon the filing of an
application for an owner's operator's license, shall determine first whether the issuance of a
license for any number of taxicabs comes within the limitations set out under Sec. 114.226. If
the number of licenses already issued for hire has reached that limit, he shall enter upon the
application the time and date received and file same. If the limit has not been reached then he
shall notify the members of Board of Taxicab and Limousine Examiners, and the Secretary of
the Board shall thereupon call a meeting of the Board to examine the applicant, if a person,
                                                                                      Page 74 of 115


and if a corporation or partnership, the general manager of the applicant.

(B) The examination shall be held within 30 days after the filing of the application to
determine in its discretion whether or not the applicant or general manager is a person of
good moral character, and if a partnership, whether the partners are persons of good moral
character, whether the applicant has violated direct regulations of this ordinance, whether the
applicant has ever had any final judgment recovered against him in this state or in any other
state which has not been paid or satisfied, and whether or not the required Gary office location
of the business would constitute a fire hazard.

(C) The Board shall refuse a license to any applicant when the applicant or its general
manager is not a person of good moral character; or where the person has violated direct
regulations of this ordinance; or where the applicant has had a judgment against it arising out
of the operation of a motor vehicle which has not been paid or satisfied or when the Board
shall find that the proposed place of business of the applicant would constitute a fire hazard.
(Code 1989, § 114.230) (Ord. No. 6591, § 114.230, 12-18-1991) (Ord. No. 6711, § 114.230,
5-4-1994)

§ 114.231 LIABILITY INSURANCE.54

(A) Before any owner's operator license shall be issued, the applicant for the license shall first
furnish and deposit with the City Sealer a public liability and property damage insurance policy
insuring the taxicab operator against liability for damages sustained by any person, other than
the employee or the owner, and occasioned by the neglectful operation of the taxi insurance
policy in the amount of One Million Five Hundred Thousand Dollars ($1,500,000) for the injury
or death of a person as a result of any accident. The insurance policy shall be written by a
company authorized to do business in the State and which has been approved by the City
Sealer. The taxicab or limousine operator shall furnish proof of coverage as required by law.

(B) The insurance policies required shall provide that they cannot be cancelled until 15 days'
written notice of the cancellation has been given to the owner operator and to the City Sealer
by the surety. If the taxicab or limousine operator of any licensed vehicle on which an
insurance policy has been issued and of which cancellation is sought to be made by the
company issuing the same, shall fail to procure and file with the City Sealer another policy of
insurance, as above provided, before cancellation of the one then in effect, then the license
issued for the vehicle shall automatically become void and of no effect.
(Code 1989, § 114.231) (Ord. No. 6711, § 114.231, 5-4-1994)

§ 114.232 OWNER'S OPERATOR LICENSE FEES.55

The applicant shall, upon approval by the Board of Taxicab and Limousine Examiners, pay to
the City Controller a license fee of $200.

In the event the license is refused or not issued, the fee shall be returned to him but shall
thereafter be repaid if a license if subsequently issued as hereinafter provided. ('60 Code, Sec.
7-2230) (Ord. 3051, passed)
(Code 1989, § 114.232) (Ord. No. 6711, § 114.232, 5-4-1994)

§ 114.233 ISSUANCE OF LICENSE.

If the applicant or general manager is found to be a person of good moral character, or if in a
partnership the partners are persons of good moral character, and if it is found that there are
not unsatisfied judgments against the applicant arising out of the negligent operation of a
                                                                                      Page 75 of 115


motor vehicle and further that the applicant has adhered to all requirements set out in
Section. 114.230 above, then the Board of taxicab and Limousine Examiners shall file its
written recommendation with the City Controller that an owner's operator license be issued for
the number of vehicles as will not exceed the limitation set out under Sec. 114.226.
Thereupon, the City Controller shall issue the license to the applicant and the applicant shall
have the right to operate a vehicle licensed as required under this section ('60 Code, Sec. 7-
2231) (Ord. 2650, passed)
(Code 1989, § 114.233) (Ord. No. 6711, § 114.233, 5-4-1994)

§ 114.234 LICENSE RENEWAL: FEES.

Upon the expiration of any operator's license issued under the provisions of this subchapter, it
shall be unlawful for the operator to continue in business until the operator has obtained a
renewal of the license. The renewal may be obtained, unless the license has been revoked by
the Board of Taxicab and Limousine Examiners as provided by this subchapter, upon the
payment of the fee required by Sec. 114.232 (A) and upon the operator successfully passing
the examination as required by Sec. 114.230.
('60 Code, Sec. 7-2232) (Code 1989, § 114.234) (Ord. No. 6711, § 114.234, 5-4-1994)

§ 114.235 VEHICLE FOR HIRE LICENSE.

(A) It shall be unlawful for any owner operator licensed hereunder to operate any vehicle for
hire before being licensed as required in this section. ('60 Code, Sec. 7-2234).

(B) Any licensed owner operator, licensed under this subchapter may obtain a license for the
vehicle by filing with the City Sealer a written application for a vehicle for hire license, which
shall contain the following facts:

(1) The name and license number of the owner operation.

(2) The seating capacity of each vehicle according to the manufacturer's rating and the types
of motorcar to be used.

(3) Name of manufacturer, motor, and chassis number, the state license number of each
vehicle, and the length of time the vehicle has been in use.

(4) A statement of the general color scheme to be used on the vehicle.
('Code, Sec. 7-2235) (Ord. 2650, passed)

(C) Vehicles for hire licensed by other cities may not be driven into or out of Gary unless the
vehicle has a visible not-for-hire sign displayed.
(Code 1989, § 114.235) (Ord. No. 6711, § 114.235, 5-4-1994)

§ 114.236 VEHICLE FOR HIRE LICENSE REQUIREMENT.

No vehicle for hire shall be licensed unless it complies with following rules and regulations.

(A) No floor mat shall be permitted in any vehicle unless it is made of rubber, leather, made of
rubber, leather, metal chain, or a similar absorbent, washable material, which is easily
removable.

(B) Every vehicle shall be equipped with an interior light of sufficient candle power to amply
illuminate the interior of the taxicab at all times. The light shall be so arranged as to be
                                                                                      Page 76 of 115


automatically turned on by the opening of any door of the vehicle with a switch which shall be
easily accessible to passengers. The interior light may be discontinued from sunrise until
sunset and need not be kept lighted at any time when the vehicle is being driven unless
desired described by the passengers therein.
('60 Code, Sec. 7-2236) (Ord. 2650, passed) (Code 1989, § 114.236) (Ord. No. 6711, §
114.236, 5-4-1994)

§ 114.237 VEHICLE FOR HIRE LICENSE FEE.56

When the City Sealer is satisfied that the applicant has complied with this subchapter and that
each taxicab or limousine which a license is sought meets the requirements set forth in
Section 114.236, the City Controller shall collect from the applicant the sum of $100 for each
taxicab or limousine and upon receipt of the fee, shall issue the applicant a separate license
for each vehicle. The license shall set forth a description of the vehicle.
('60 Code, Sec. 7-2237) (Code 1989, § 114.237) (Ord. No. 6711, § 114.237, 5-4-1994)

§ 114.238 LICENSE FOR ADDITIONAL VEHICLES.57

(A) Before issuing any licenses for any additional vehicle to any operator, the City Sealer shall
determine the following:

(1) The number of the licenses already issued in view of Sec. 114.226.

(2) Whether any prior application for operators' licenses are on file with the Secretary of the
Board of Taxicab and Limousine Examiners.

(B) If there is a prior approved application, the City Sealer shall recommend the issuance of a
license. If there is no prior application on file with the Board of Taxicab and Limousine
Examiners and the limitation has been reached under Section 114.226, the City Sealer shall
note the time and date on the application for the additional vehicle and file same.
Chronological order Priority of filing applications in any case shall govern the issuance of
vehicle for hire licenses.
(Code 1989, § 114.238) (Ord. No. 6711, § 114.238, 5-4-1994)


§ 114.239 RENEWAL OF LICENSE.

    Upon the expiration of any taxicab or limousine license issued under the provisions of this
subchapter, it shall be unlawful to operate the vehicle until the license has been renewed. The
renewal may be issued upon the payment of the fees as provided in § 114.237.
    ('60 Code, § 7-2239; Am. Ord. 6711, passed 5-4-94; Code 1989, § 114.239)

§ 114.240 TAXICAB LICENSE PLATES.
    (A) The City Controller shall provide, issue, and deliver to the applicant one metal plate for
the taxicab so licensed, with the words "Gary Taxi" therein, together with the numerals
representing the year the license was issued and a separate number for each plate of both
stamped and painted number of the plate. The number shall correspond with the number of
the taxicab license issued on the taxicab. The plate shall be of a different color each year and
shall not be used on any taxicab except the one for which it was issued.
    ('60 Code, § 7-2240).

    (B) It shall be unlawful to drive or operate a taxicab in the city unless the taxicab has
                                                                                     Page 77 of 115


affixed thereto, in a conspicuous place, one taxicab license plate issued for the taxicab, of the
kind required under the terms and provisions of division (A) above, the plate to be affixed on
the rear part of the taxicab. In the event any taxicab license plate is lost or destroyed, the
owner of the taxicab for which it was issued may obtain from the City Controller a new license
plate by the payment to the City Controller of the actual cost of procuring the plates from the
manufacturer.
     ('60 Code, § 7-2241) (Ord. 2650, passed; Am. Ord. 6711, passed 5-4-94; Code 1989, §
114.240)

§ 114.241 CHANGE OF GENERAL MANAGER.

    If the general manager of a corporation or a partnership licensed hereunder shall be
changed, then an examination of the new general manager shall be applied for by the licensee
within five (5) days, or the license of the operator shall be void until the new general manager
passes the examination or the license shall be revoked.
    ('60 Code, § 7-2233) (Ord. 2540, passed; Am. Ord. 6711, passed 5-4-94; Code 1989, §
114.241)

§ 114.242 REMOVAL OF VEHICLES FROM SERVICE.

    It shall be the duty of each and every licensed owner operator to notify both the Board of
Taxicab and Limousine Examiners and the Controller's office whenever he shall permanently
remove a vehicle from service. Any vehicle unfit for service and which cannot be repaired shall
be removed from service, and the Board of Taxicab and Limousine Examiners and the City
Controller notified of this or the substitution made as provided under § 114.243.
    ('60 Code, § 7-2242) (Ord. 2650, passed; Am. Ord. 2706, passed; Code 1989, §
114.242)

§ 114.243 WORN OUT OR DISCARDED VEHICLES.

     In the event an operator of a taxicab or limousine for which a license has been duly issued
shall desire to substitute another serviceable vehicle in lieu thereof, complying with the
requirements of vehicles as herein provided, the owner operator may make application to the
City Sealer for a license for substituted vehicle. Upon the surrender to the City Sealer of the
taxicab or limousine license plate issued upon the vehicle to be abandoned, and upon the
application complying with the other terms and provisions of § 114.240 pertaining to the
procuring of a taxicab or limousine license, the City Controller shall issue to him, without
collecting any license fee or other charges therefore, a taxicab license on the taxicab,
substituted in lieu of the one previously licensed, and a license plate, as provided in §
114.240. The license so issued shall run only for the unexpired period of time for which the
original license was issued on the vehicle to be abandoned.
     ('60 Code, § 7-2243) (Ord. 2650, passed; Code 1989, § 114.243)

§ 114.244 VEHICLE REGISTRATION.

     Any vehicle licensed under this subchapter shall be titled or leased in the name of the
licensees. Vehicles licensed under this subchapter shall be registered pursuant to IC 9-18-1-1
et seq.
     (Ord. 6711, passed 5-4-94; Code 1989, § 114.244)

§ 114.245 VEHICLE FOR HIRE DRIVER'S LICENSE.
                                                                                       Page 78 of 115


    It shall be unlawful for any person to drive any vehicle for hire on or over the streets of
the city unless that person has a Gary driver's license issued under §§ 114.246 through
114.248.
    ('60 Code, § 7-2245) (Ord. 2650, passed; Am. Ord. 6711, passed 5-4-94; Code 1989, §
114.245)

§ 114.246 VEHICLE FOR HIRE DRIVER'S LICENSE APPLICATION.58

    (A) Any person desiring to drive a vehicle for hire in the city shall file a written application
with the City Sealer for a vehicle for hire driver's license. Upon approval, the applicant shall,
with his application, pay to the City Controller, the sum of $10.
    ('60 Code, § 7-2246; Code 1989, § 114.246)

    (B) The applicant shall also file with the application two (2) recent photographs of
himself/herself of a size which may be easily attached to his/her license, one of which shall be
attached to the license, if issued, in such a manner that it cannot be removed and another
photograph substituted without detection, and the other shall be filed with the City Sealer.
    ('60 Code, § 7-2247) (Ord. 2650, passed; Am. Ord. 6711, passed 5-4-94; Code 1989, §
114.246)

§ 114.247 REQUIREMENTS FOR VEHICLE FOR HIRE DRIVER'S LICENSE.

    Each applicant for a driver's license must meet the following requirements:

    (A) Be 21 years of age or over;

    (B) Be of sound physique, with good eyesight, good hearing, and not subject to epilepsy,
        vertigo, heart trouble, or any other infirmity of body or mind which might render
        him/her unfit for the safe operation of a taxicab, and furnish a certificate of a
        reputable licensed physician or surgeon to that effect;

    (C) Able to read and write the English language;

    (D) Licensed as a chauffeur under the provisions of state law;

    (E) Clean in dress and person and not be addicted to the use of intoxicating liquors or
        drugs;

    (F) Shall not have been convicted of a felony;

    (G) Produce, on forms to be provided by the City Sealer, affidavits of good character from
        two (2) reputable citizens of the city who have known him personally and observed his
        conduct during the year before the date of his application;

    (H) Fill out, upon blank forms to be provided by the City Sealer, a statement giving his/her
        full name, residence, places of residence for one year previous to moving to his/her
        present address, age, height, color of eyes and hair, place of birth, length of time
        he/she has resided in the city, whether a citizen of the United States, places of
        previous employment, whether married or single, whether he/she has ever been
        convicted of a felony or misdemeanor and if so, what felony or misdemeanor, court
        where convicted and date thereof, whether he/she has previously been licensed as a
        driver or chauffeur and if so, the serial number thereof, and whether his/her license
                                                                                       Page 79 of 115


        has ever been removed, revoked or suspended and for what cause. This statement
        must bear the fingerprints of the applicant and must be signed and sworn by the
        applicant before a notary public or other public officers authorized to administer oaths
        and files with the City Sealer as a permanent record. If any false statement is made
        by the applicant for a license, the City Sealer shall refuse to cause the issuance of a
        license to the applicant.
    ('60 Code, § 7-2248) (Ord. 2650, passed; Code 1989, § 114.247)

§ 114.248 EXAMINATION; ISSUANCE OF LICENSE.

    On the filing of the application, and photographs, the City Sealer shall notify the Secretary
of the Board of Taxicab and Limousine Examiners to hold a meeting to examine the applicant.
The examination shall be given by the Board at its next monthly meeting.

     If the Board finds that the applicant possesses the qualifications and has fulfilled the
requirements specified in § 114.247, then the Secretary of the Board shall give written notice
to this effect to the City Controller who shall thereupon issue to the applicant a vehicle driver's
license for the remainder of the calendar year.
     ('60 Code, § 7-2249) (Ord. 2650, passed; Am. Ord. 6711, passed 5-4-94; Code 1989, §
114.248)

§ 114.249 LICENSE RENEWAL.59

    All persons holding a vehicle for hire driver's license may obtain renewals without taking
examinations by paying to the City Controller the annual license fee of ten dollars. All
applications applicants for renewal licenses for each succeeding calendar year are due on or
before January 15 of each year.
    ('60 Code, § 7-2256) (Ord. 2650, passed; Am. Ord. 6711, passed 5-4-94; Code 1989, §
114.249)

§ 114.250 LICENSE INFORMATION.

     A vehicle for hire driver's license shall be furnished on forms provided by the City
Controller and shall set forth the name, address, age, height, weight, color of hair and eyes,
the date on which the license was issued, the number of the license, a blank space for entries
for the renewal or revocation of the license, a blank space for a record of all arrests or charges
made against the licensee subsequent to the issuance thereof, and shall contain the signature
of the licensee. Any alteration of any driver's license shall invalidate the license.
     ('60 Code, § 7-2250) (Ord. 2650, passed; Am. Ord. 6711, passed 5-4-94; Code 1989, §
114.250)

§ 114.251 REVOCATION OF LICENSE.

    (A) A licensed driver's license issued in accordance with §§ 114.245 through 114.248
shall be revoked automatically for any of the following reasons.

    (1) The suspension or revocation of the driver's chauffeur license by the state;

    (2) The conviction of the driver of a felony;

    (3) The conviction of the driver for pandering;
                                                                                     Page 80 of 115


    (4) Proof that any statement made in his application for a license is false. In the event a
        license is revoked because of false statements, the licensee, to be reinstated, must
        make a new application and conform with all requirements set forth therein;

    (5) Failure to maintain financial responsibility.

    (B) It shall be the duty of the City Sealer, upon the revocation or suspension of any
driver's license, to note on the license the date and cause of the revocation and suspension
and period of the suspension, if any. It shall also be the duty of the City Sealer to demand of
the holder of the license the surrender of it and the badge issued to the licensee. It shall be
the duty of the driver holding the license so suspended and the badge to surrender them to
the City Sealer upon demand. It shall be unlawful for any person to drive a licensed vehicle for
hire upon the streets of the city while his driver's license has been suspended or revoked.
    ('60 Code, § 7-2251) (Ord. 2650, passed; Am. Ord. 6711, passed 5-4-94; Code 1989, §
114.251)

§ 114.252 SUSPENSION OF LICENSE.

     The City Sealer and the Deputy City Sealer are authorized and empowered to suspend any
licensed driver's license for cause for a period not exceeding 48 hours; and thereupon prepare
a complaint or prefer charges with the Board of Taxicab and Limousine Examiners and, at the
same time, serve a written copy of the complaint or charges upon the person whose license
has been suspended. If the Board of Taxicab and Limousine Examiners does not meet at its
next regular meeting by the expiration of the 48-hour period the Deputy City Sealer shall
either call a special meeting of the Board to hear the complaint or changes or release the
suspension and reinstate the license and proceed, as provided herein, to place the matter
before the Board of Taxicab and Limousine Examiners so that a hearing thereon may be held
at its next regular meeting. In the event that Sunday or a holiday shall fall within the 48-hour
period, the 48-hour suspension shall not be extended on account thereof.
     ('60 Code, § 7-2252) (Ord. 2650, passed; Am. Ord. 6711, passed 5-4-94; Code 1989, §
114.252)

§ 114.253 EXHIBITION ON DEMAND.

     Each licensed driver shall, upon demand of the City Sealer, the Deputy City Sealer, a police
officer, or a passenger, exhibit his license and photograph for inspection.
     ('60 Code, § 7-2253) (Ord. 2650, passed; Am. Ord. 6711, passed 5-4-94; Code 1989, §
114.253)

§ 114.254 DRIVER'S BADGE.60

     The City Controller shall provide and deliver to each licensed driver a metal driver's badge
of the form and style the City Controller may prescribe bearing the number of the driver's
license. It shall be unlawful for any person to drive a vehicle for hire upon the streets of the
city without having a driver's badge attached to his hat in a conspicuous place. In the event of
the loss or destruction of the driver's badge, he shall immediately report this to the City
Controller and may acquire a replacement badge from the City Controller after paying the
actual cost of procuring the new badge.
     ('60 Code, § 7-2254) (Ord. 2650, passed; Am. Ord. 6711, passed 5-4-94; Code 1989, §
114.254)

§ 114.255 EMERGENCY VEHICLE FOR HIRE DRIVERS.61
                                                                                      Page 81 of 115



    Notwithstanding any of the other provisions of this subchapter, in order to meet any
emergency need for the employment of extra drivers that may arise at night or on a Saturday
afternoon, Sunday, or holiday, the owner operator may employ any person as a driver who
meets the requirements of § 114.247 (A) through (G); however, the person desired to be
employed by the owner operator shall pay to the City Controller the regular fee.
    ('60 Code, § 7-2255) (Ord. 2650, passed; Am. Ord. 6711, passed 5-4-94; Code 1989, §
114.255)

§ 114.256 CITY SEALER TO KEEP RECORDS.

   There shall be kept in the office of the City Sealer a complete record of all applications
made for driver's licenses, all driver's licenses issued, a record of all renewals, suspensions,
and revocations of the licenses or refusals to grant licenses.
   ('60 Code, § 7-2257) (Ord. 2650, passed; Am. Ord. 6711, passed 5-4-94; Code 1989, §
114.256)

§ 114.257 TAXIMETERS REQUIRED.

    (A) It shall be unlawful for any person to operate a taxicab in the city unless the taxicab is
equipped with and operated on a taximeter. The taximeter shall be of a standard size and
design to be approved by the Deputy City Sealer and shall register the fare to be charged.
('60 Code, § 7-2258).

    (B) No license shall be issued for a taxicab until the taximeter attached thereto has been
inspected and found to be accurate by the Deputy Sealer or Deputy Inspector. After
inspection, the City Sealer or his deputies shall seal the case of the taximeter in such a
manner as will prevent the unsealing of the taximeter without detection. The taximeter shall
be inspected and tested by the City Sealer or his Deputy periodically at least once each month
to determine its accuracy and shall be resealed after each inspection, as above provided.
    ('60 Code, § 7-2259)

    (C) Only taximeters operated from the transmission shall be used on taxicabs.
    ('60 Code, § 7-2260)

    (D) No person shall use or permit to be used upon any taxicab owned or operated by him,
a taximeter which shall be in such a condition as to be over 5 percent incorrect.
    ('60 Code, § 7-2261)

    (E) Between sunset and sunrise the face of the taximeter shall be illuminated by suitable
light so arranged as to throw a continuous light thereon and the face of the dial shall be visible
to passengers.
('60 Code, § 7-2262)

    (F) No person shall use, drive, or permit to be used or driven, a taxicab equipped with a
taximeter the case of which is not sealed and which does not have its cover and gear intact.
    ('60 Code, § 7-2263)

    (G) No driver of a taxicab equipped with a taximeter or other similar device, while carrying
passengers or under employment, shall display a signal affixed to the taximeter or other
similar device in such a position as to denote that the vehicle is not employed or in such a
position as to denote that he is employed at rate of fare different from that which he is entitled
                                                                                       Page 82 of 115


under the provisions of this subchapter.
   ('60 Code, § 7-2264) (Ord. 2650, passed; Am. Ord. 6711, passed 5-4-94; Code 1989, §
114.257)

§ 114.258 OPERATION OF JITNEY.

    It shall be unlawful to operate a "jitney" upon any street, highway, or alley, including those
streets and highways within the state highway system, within the corporate limits of the city.
    ('60 Code, § 7-2266) (Ord. 3535, passed; Am. Ord. 6711, passed 5-4-94; Code 1989, §
114.258)

                               TREES AND SHRUBS BUSINESSES

§ 114.265 LICENSE REQUIRED.62

     It shall be unlawful for any person to engage in the business of planting, cutting,
removing, or spraying trees, shrubs, vines, and the like in the city without first procuring from
the City Controller, on an application approved by the Department of Parks and Recreation, a
license each year authorizing the person to engage in that business. The Department of Parks
and Recreation shall not approve any application without first being satisfied of the
competency of the applicant to engage in the business. Upon the issuance of the license by
the City Controller, the applicant shall pay a license fee of $5 which shall entitle him to conduct
the business during the calendar year within which the license be issued. The Department of
Public Parks within the city shall have power to revoke any license whenever it shall appear to
the Department that the licensee has violated any of the rules of the Department which may
be adopted in accordance with the provisions of this subchapter or has violated any ordinance
of the city or any law of the state pertaining to the care, preservation, trimming, or removal of
trees, and the like
     ('60 Code, § 7-2501) (Ord. 3052, passed; Code 1989, § 114.265)

§ 114.266 INTERFERENCE WITH PARK DEPARTMENT.

    It shall be unlawful for any owner of real estate to interfere or cause or authorize or
procure any interference with the Department of Parks and Recreation or its agents while in
the engagement of doing any work under the provisions of this subchapter.
    ('60 Code, § 7-2504; Code 1989, § 114.266)

                                VEHICLE-TOWING OPERATORS63
                      64
§ 114.270 PURPOSE.

    It is the purpose of this subchapter to provide for the public identification of all commercial
towing vehicles operating in the city and to protect the public from the unlawful towing of
motor vehicles. In addition, the Common Council finds that a uniform towing subchapter is
necessary to provide effective towing service for the citizens of the city.
    (Ord. 4695, passed 8-28-72; Am. Ord. 6387, passed 10-3-89; Am. Ord. 6430, § I, passed
2-6-90; Code 1989, § 114.270)

Sec.   . Scope.

The provisions of this subchapter apply only to towing services while operating under contract
with the city.
                                                                                       Page 83 of 115


§ 114.271 IDENTIFICATION OF COMMERCIAL TOWING VEHICLES.

     All commercial towing vehicles operating within the city shall be marked on each side fully
identifying the owner thereof and the address of its principal place of business, in printed
letters not less than four inches in height. The markings shall be permanently affixed to the
sides.
     (Ord. 4695, passed 8-28-72; Am. Ord. 5630, passed 3-4-80; Code 1989, § 114.271)
§ 114.272 DEFINITIONS.

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

    "FISCAL BODY." Refers to the Common Council.

    "OFFICER."

    (1) A regular member of the Indiana State Patrol.

    (2) A regular member of the City of Gary Police.

    (3) A regular member of the Lake County Police Force.

    (4) An individual of an agency designated by ordinance of the fiscal body.
    (Ord. 6387, passed 10-3-89; Am. Ord. 6430, § II, passed 2-6-90; Code 1989, § 114.272)

§ 114.273 LIABILITY OF OWNER.

    The owner of a vehicle that is towed at the request of an officer shall be liable for all of the
costs incidental to the removal, storage and disposal of the vehicle. The amount payable by
the owner and/or lienholders for towing the vehicle shall not exceed the amount established
by the Common Council.
(Ord. 6387, passed 10-3-89; Am. Ord. 6430, § III, passed 2-6-90; Code 1989, § 114.273)

§ 114.274 PERSONNEL, EQUIPMENT AND FACILITIES; TOW TRUCKS.

    (A) In order to facilitate the removal of vehicles or parts, the city, may employ personnel
and acquire equipment, property and facilities and/or enter into towing contracts as necessary
for the purpose of removal, storage and disposition of a vehicle which was ordered towed by
an officer. All towing contracts entered into by the city shall be approved by the Common
Council prior to going into effect.

    (B) The tow trucks shall have the proper names of the towing company of the towing and
phone number clearly displayed on both sides of the truck. Also, each wrecker shall have all
necessary lights in good working order and must be clean and in good performing condition.
Each tow company shall have at least two tow trucks in good working order at all times.
(Ord. 6387, passed 10-3-89; Am. Ord. 6430, § IV, § X, passed 2-6-90; Code 1989, §
114.274)

§ 114.275 RATE; PROCEEDS OF TOWING.
(a) Charges for towing services performed by towing companies at the order of the Police
Department are set as follows:
                                                                                     Page 84 of 115


(1) One Hundred Dollars ($100.00) for regular vehicle tows;

(2) One Hundred Twenty-five Dollars ($125.00) for flatbed tows;

(3) One Hundred Twenty-five Dollars ($125.00) for motorcycle tows;

(4) Two Hundred Dollars ($200.00) for trucks over one ton but less than two tons;

(5) Two Hundred Seventy-five Dollars per unit ($275.00/unit) for semi-tractors including each
trailer attached thereto.

(6) Tow operators may use a winch at their own discretion.

(7) Twenty Dollars per day ($20.00/day) for outside vehicle storage.

(8) Twenty-five Dollars per day ($25.00/day) for inside vehicle storage.

(b) The City shall collect the following fees per tow.

(1) Twenty Dollars for each tow described in Section (a), except for those tows described in
Section (a)(5) above.

(2) Fifty Dollars per tow for each tow described in Section (a)(5) above.

(c) The City's fee described in Section (b) of this ordinance shall be collected at the time the
vehicle is released by the City. The owner or possessor of the vehicle shall obtain a release
prior to the removal of the vehicle from the tow yard or the removal of any personal property
from any vehicle towed by police order.

(d) The Controller is directed to deposit the funds derived from the fee described in section (b)
of this ordinance into the general fund of the City.
 (Ord. 6387, passed 10-3-89; Am. Ord. 6430, § V, § VII, passed 2-6-90; Code 1989, §
114.275; Ord. No. 7305, §§ 1--4, 2-5-2002)

§ 114.276 BOUNDARIES.

    The Council Towing Committee shall set the towing boundaries with the approval of a
majority of the Common Council.
(Ord. 6387, passed 10-3-89; Am. Ord. 6430, § VI, passed 2-6-90; Code 1989, § 114.276)

    The towing boundaries are set as follows:

    a)     EAST -             COUNTY LINE ROAD
           WEST -             VIRGINIA STREET
           NORTH -            LAKE MICHIGAN
           SOUTH -            CENTRAL AVENUE, CLAY STREET, 15th AVENUE, LAKE STREET &
                              CITY LIMITS SOUTH OF MELTON ROAD

    b)     EAST -             VIRGINIA STREET
           WEST -             CLINE AVENUE
           NORTH -            LAKE MICHIGAN
           SOUTH -            9th AVENUE, at CLARK ROAD, 11th AVENUE
                                                                                     Page 85 of 115


    c)    EAST -             CENTRAL AVENUE
          WEST -             GRANT STREET
          NORTH -            11th AVENUE
          SOUTH -            INTERSTATE 80/94

    d)    EAST -             GRANT STREET
          WEST -             CLARK ROAD
          NORTH -            11th AVENUE
          SOUTH -            INTERSTATE 80/94

    e)    EAST -             CLARK ROAD & GRANT STREET, FROM THE INTERSTATE SOUTH
          WEST -             CLINE AVENUE & COLFAX (WEST CITY LIMITS)
          NORTH -            9th AVENUE to CLARK ROAD, INTERSTATE to GRANT STREET
          SOUTH -            RIDGE ROAD

    f)    EAST -             MISSISSIPPI STREET (CITY LIMITS)
          WEST -             BROADWAY
          NORTH -            INTERSTATE 80/94
          SOUTH -            53rd AVENUE (CITY LIMITS)

    g)    EAST -            BROADWAY
          WEST -            GRANT STREET to 47th AVENUE to HARRISON STREET SOUTH
          NORTH -           INTERSTATE 80/94
          SOUTH -           53rd AVENUE (CITY LIMITS)
(Ord. No. 6430,§ VI, 2-6-1990)

§ 114.277 HOURS OF OPERATION; AUTHORIZED TOWER.

    (A) Each tow company shall be open for business 24-hours per day, seven days per week.

   (B) Only those towing companies located within the city limits shall be authorized to tow
under the provisions of this subchapter.
   (Ord. 6387, passed 10-3-89; Am. Ord. 6430, § VIII, § XII, passed 2-6-90; Code 1989, §
114.277)

§ 114.278 LIABILITY INSURANCE.

    All authorized towing companies shall carry liability insurance in the amount of
$1,000,000.
(Ord. 6387, passed 10-3-89; Am. Ord. 6430, § IX, passed 2-6-90; Code 1989, § 114.278)

§ 114.279 Storage Area.

    The owner of the towing business shall have and maintain or have access to an adequate
storage lot facility or garage to be used for the storage and safe keeping of impounded
vehicles. Lot(s) shall be large enough in area to store the number of vehicles towed and
impounded within its confines. Vehicles towed must be stored properly. Storage facilities shall
have fenced in areas to store and protect vehicles, to protect the liability of the city of Gary.
Towing facilities must maintain cleanliness and neatness of the outer perimeter with no junk
cars in public view at all times.
(Ord. 6430, passed 2-6-90; Code 1989, § 114.279)

§ 114.279.1 REPORTS.65
                                                                                    Page 86 of 115



    The Chief of Police of the City of Gary shall submit a monthly report to the City Controller
on the number of tows for the previous month. The tow company shall submit a monthly
report to the City Council office for all tows during the previous month.
(Ord. No. 6430, § XIV, 2-6-1990)

§ 114.279.2 PENALTIES.

    Should any towing company violate any provisions of this ordinance, it shall be subject to
suspension and or termination of its contract with the City after notice of hearing before the
Common Council's Towing Committee.
(Ord. No. 6430, § XV, 2-6-1990)
                                                                                       Page 87 of 115


                                        WATERCRAFT*66


*State law references: Hull identification number, IC 9-31-2-8; motorboat registration, IC
9-31-3-1 et seq.; motorboat definition, IC 14-8-2-169; watercraft operation, IC 14-15-3-1 et
seq.; certificate of inspection and registration, IC 14-15-6-1 et seq.; operation while
intoxicated, IC 14-15-8-17; license, identification card, IC 14-15-11-9.

§ 114.280 Watercraft On Lake Michigan.

     It shall be unlawful for any person to operate any motor-powered watercraft in the waters
of lake michigan within 300 yards of the shore line from a point projecting north 300 feet from
the west line of marquette park to a point projecting 300 yards north from the eastern limits
of the city, except for the purpose of leaving or approaching any established dock or wharf,
and then only by going in a direct southerly or northerly direction to and from the dock.
('60 code, § 9-801) (ord. 2729, passed; code 1989, § 114.80)

§ 114.281 LICENSE FOR RENTING OR LEASING.

    (A) It shall be unlawful for any person to lease or rent any motorboat, sailboat, out-board
motorboat, rowboat, raft, canoe, or other hand or motor-propelled boat or engage in the
business of leasing or renting the craft, without first obtaining a license.

     (B) Any person desiring to lease, rent, or to engage in the business of leasing or renting
any watercraft, as described in division (A) of this section, shall first obtain a license from the
Department of Parks and Recreation of the city by making an application therefor upon a form
to be provided by the Department and by paying a license fee of $2 per annum for each boat,
which license shall be valid from April 1 to November 1 in the year in which the license is
issued. The license may be obtained at any time after April 1 to November 1 and shall be valid
for the period in the year for which it was issued.
('82 Code, § 114.281) (Ord. 2678, passed - -; Code 1989, § 114.281)

§ 114.282 REVOCATION OF LICENSE.

    Every person obtaining a license under the provisions of § 125.02(B) shall agree in
writing at the time of making application that he will strictly abide with it and be governed by
the regulations as set forth in this chapter. Any licensee convicted of any violation of this
chapter shall have his license suspended until the conviction becomes final; and upon final
conviction, the license shall be forfeited. Thereafter the person shall not be granted a license
under the provisions of § 125.02(B).
('82 Code, § 114.282) (Ord. 2678, passed - -)

§ 114.283 INSPECTION.

    Prior to the granting of the license required by §125.02(A), all watercraft intended to be
leased or rented and all other facilities in connection with the renting or leasing thereof, shall
be subject to inspection at all reasonable times during the period the equipment is being
leased or rented.
('82 Code, § 114.283) (Ord. 2678, passed - -)

§ 114.284 REGISTRATION OF WATERCRAFT.
                                                                                      Page 88 of 115


     (A) All watercraft intended to be leased or rented shall be registered with the Department
of Parks and Recreation. At the time of registration the licensee shall file with the Department
a list of all watercraft indicating the type thereof and the serial number of any motors in
connection therewith.
     (B) The owner of any watercraft intended to be leased or rented shall, prior to the
issuance of the license required by §125.02(A), fix upon both sides of the bow of any boat
registered under the provisions of division (A) of this section, a serial number of the boat in
figures not less than three inches in height.
('82 Code, § 114.284) (Ord. 2678, passed - -)

§ 114.285 RENTING OR LEASING REGULATIONS.

    It shall be unlawful for the following persons to lease or rent any watercraft:

    (A) To any person under 18 years of age, or to lease or rent any such watercraft in
        disrepair or known to be in an unseaworthy condition.

    (B) To be occupied by more than four persons including children unless the watercraft is
        over 18 feet in length and in no event to carry a greater number of persons than shall
        be reasonably safe.

    (C) To a person known to be intoxicated or otherwise appearing to be helpless.

    (D) To any person with knowledge that the watercraft may be used for immoral purposes.

    (E) Unless the watercraft contains one United States government-inspected life preserver
        per person aboard the craft.
('82 Code, § 114.285) (Ord. 2678, passed - -)

§ 114.286 REGISTRATION OF PRIVATELY-OWNED WATERCRAFT.
    (A) All boats and other watercraft operated in or on the waters in or bordering on the city
shall be registered in the name of the owner thereof with the Department of Parks and
Recreation of the city. For the purpose of securing the registration, the owner of any boat or
watercraft shall file with the Department the type of boat registered, his name and address,
and in case of a motorboat, the serial number of the motor. Upon registration, the owner shall
pay a fee of $0.25 to cover the cost of registration and inspection. The owner of any boat or
watercraft shall immediately upon registration bind or affix on both sides of the bow of the
boat registered the serial number of the boat registered under the provisions of this chapter.
The serial number shall be in figures not less than three inches high.

    (B) Upon the transfer of any boat registered under the provisions of this chapter, notice of
the transfer shall be filed immediately with the Department. The provisions of this section shall
be applicable only to boats privately owned and not for hire.
('82 Code, § 114.286) (Ord. 2678, passed - -)

§ 114.287 USE OF WATERCRAFT.

    It shall be unlawful for any person occupying any watercraft to do the following.

    (A) Pick or board any passenger whether at the shore, wharf, or dock, unless the
        watercraft is first securely moored.
                                                                                     Page 89 of 115


    (B) Transfer from one boat to another unless the watercraft is securely moored to the
        shore or to any wharf or dock.

    (C) Rock any watercraft or fight, wrestle, or otherwise conduct himself in a manner
        commonly known as horse-play or in any other manner, so as to imperil himself or any
        passenger thereon, or conduct himself in any manner which may tend to upset the
        craft including the extending of oars or hooks into adjacent watercraft with intent to
        upset them, or to deliberately bump or ram into any other boat.

    (D) To dive, jump, or step off any watercraft unless the boat is either anchored or first
        firmly secured or moored to the shore or any wharf or dock.

    (E) To permit a person under 18 years of age to remain in or operate any watercraft
        unless the minor is accompanied by an adult person or a person 18 years of age or
        over.

    (F) To drink intoxicating liquor in any boat or to use any watercraft for immoral purposes.

    (G) To operate a motor boat equipped with an internal combustion engine at a speed
        greater than ten miles per hour within 1,000 feet of the shore line.

    (H) No master or owner of any boat propelled by machinery shall run or navigate the boat
        during the night-time without displaying the proper and customary lights; a white light
        in the starboard side of the boat, that light to be elevated above the surface of the
        water and kept brightly burning while the boat is operating after dark.

    (I) No master or owner of any sailboat running on waters within the jurisdiction of the city
        shall run or navigate the sailboat in the night-time without displaying the proper light;
        a white light on the top mast, or above all sails, so that the light may be seen from all
        directions. The light shall be kept burning while the boat is moving.
('60 Code, § 9-810) (Ord. 2678, passed; Am. Ord. 2720, passed; Code 1989, § 114.287)


                                      WINDOW CLEANERS

§ 114.290 LICENSE REQUIRED.67

    (A) For the purpose of this subchapter, the "BUSINESS OF WINDOW CLEANING" is defined
to be one in which the principal occupation of the person or his employees is contracting or
engaging for hire, otherwise than as employees of the person contracting with or hiring them,
in the work of washing exterior windows in of any buildings that immediately adjoin a public
street and have windows that face thereon.
    ('60 Code, § 7-2601)

    (B) It shall be unlawful for any person to conduct or carry on the business of window
cleaning without having first obtained a license as hereinafter provided.
    ('60 Code, § 7-2602)
(Ord. 2221, passed; Code 1989, § 114.290)

§ 114.291 APPLICATION.

    (A) Any person desiring to carry on the business of window cleaning shall file with the City
                                                                                       Page 90 of 115


Controller an application in writing which shall conform to the general provisions of this code
relating to applications for license. The applicant shall also execute and enter into the bond or
insurance policy provided for in § 114.292 and pay the fee prescribed in § 114.293 at the
time of making the application.
    ('60 Code, § 7-2603)

     (B) At the time of making application for a license under the provisions of this subchapter,
the applicant shall exhibit for inspection the written notice of the Industrial Board of the State
showing its approval of the applicant's means of compliance with the provisions of the
Worker's Compensation Act, whereby the applicant is required to provide and pay
compensation in case of the accidental injury or death of employees. It shall not be necessary
for the applicant to make this showing if the applicant shows in the application that he has no
employees.
     ('60 Code, § 7-2604) (Ord. 2221, passed; Code 1989, § 114.291)

§ 114.292 BOND OR INSURANCE POLICY.68

     At the time of the filing of the application for a license under the provisions of this
subchapter, the person so applying shall file with the City Controller a bond in the penal sum
of $5,000 by some bonding or surety corporation authorized by the laws of the state to
underwrite the bond in the state or a personal bond, signed by two or more sureties owning
sufficient real estate in their own names, approved by the Mayor, conditioned to indemnify,
save and keep harmless the city from any and all loss, damage, cost, expense, or liability of
any kind whatsoever which the city may suffer, be put to, or which may be recovered from it
by reason of any act or thing done or neglected to be done by the licensee or his employees
under and by virtue of the authority granted in the license or the failure or neglect of the
licensee or his employees to observe and comply with this subchapter or any other ordinance
of the city relating to window cleaning. It shall not be necessary for the applicant to file a bond
if the applicant shows that public liability insurance in the amount of $25,000 to $50,000 has
been obtained from an approved insurance company with the city named in the policy as one
of the insured.
     ('60 Code, § 7-2605) (Ord. 2221, passed; Code 1989, § 114.292)

§ 114.293 FEE; ISSUANCE.69

     (A) The annual license fee for a license under the provisions of this subchapter shall be as
follows.

    One to three persons engaged                                        $10
    Four to six persons engaged                                          15
    Seven persons and over                                               20

    (B) It shall be the duty of the City Controller, upon being paid the license fee and upon the
compliance with the other requirements of this subchapter, to issue to the person entitled
thereto the license applied for.
('60 Code, § 7-2606) (Ord. 3059, passed; Code 1989, § 114.293)

§ 114.294 CHANGE IN BUSINESS OF LICENSEE.

     If, after the issuance of a license under the terms of this subchapter, the place of business
of the licensee shall be changed or there shall be a change in status with respect to the
licensee's liability to employees or there shall be any other change in the business of the
                                                                                       Page 91 of 115


licensee which affects the bond or insurance contract of the licensee or his duties or
obligations under this subchapter, these facts shall be at once reported by the licensee to the
City Controller. The license so granted shall not be operative until the change so made has
been approved by the City Controller.
     ('60 Code, § 7-2607) (Ord. 2221, passed; Code 1989, § 114.294)

§ 114.295 SAFETY PRECAUTIONS.

    (A) Every person licensed to conduct or carry on the business of window cleaning shall
supply each person actually engaged in the work of washing windows with a safety device
consisting of a belt and rope with terminals so designed that it shall fit in and become part of
the safety devices on windows for which they are to be used.
    ('60 Code, § 7-2608)

     (B) It shall be unlawful for any person actually engaged in the work of washing windows to
use any appliance of a loose nature, except a sponge, brush, rag, or other devices which are
of light weight, which is not attached to his person while at work. It shall be unlawful to place
any receptacles on the outer edge of any window unless the receptacles are firmly hooked to
the belt or safety device on the window frame.
('60 Code, § 7-2608)
(Ord. 2221, passed; Code 1989, § 114.295)

§ 114.296 LICENSE NOT TRANSFERABLE.

    No license granted hereunder shall be assigned or transferred to any other person.
    ('60 Code, § 7-2610) (Ord. 2221, passed; Code 1989, § 114.296)

              ASBESTOS ABATEMENT HANDLING AND REMOVAL CONTRACTORS*

*State law reference—Regulation of asbestos contractors, IC 13-17-6-1 et seq.

§ 114.310 LICENSE AND REGISTRATION.70

    (A) It shall be unlawful for any asbestos contractor to engage in the practice of handling,
removing and abating asbestos within the city without first being certified by the Indiana
Management Department of Environment Management Division in accordance with the
provisions of the Air Pollution Control Board under IAC 326-18-1-1 et seq. and without first
registering with the Building Commissioner of the city.

    (B) All persons desiring to engage in the practice of asbestos removal, handling and
abatement within the city shall submit a registration form to be prescribed by the Building
Commissioner, together with the fee prescribed herein. The registration form shall include
information that will enable the Building Commissioner to ensure compliance with all
applicable laws and ordinances.
(Ord. 6577, passed 12-3-91; Code 1989, § 114.310)

§ 114.311 REGISTRATION FEE.71

    The registration fee shall be $100 for the first year and $50 for every year thereafter. All
registrations are valid as long as the holder’s certification is current with the Indiana
Department of Environmental Management Divisions. The Building Commissioner, upon receipt
of an application shall issue a registration card and shall place the applicant's name on a list of
                                                                                   Page 92 of 115


registered and licensed asbestos removers, abatement and handlers maintained by the
Building Commissioner. All registration shall expire on December 21st of each year.
    (Ord. 6577, passed 12-3-91; Code 1989, § 114.311)

§ 114.312 PERMITS.

   (A) Permit for removal abatement handlers of asbestos shall not be issued by the Building
Commissioner to anyone except a duly state certified and City of Gary Registered Asbestos
Removal and Abatement Contractor or his duly authorized agent under provisions of this
permit.

    (B) The Building Commissioner may revoke a permit in case of any false statement or
misrepresentation of facts in the application on which a permit was based or in the event a
structure or part thereof is condemned pursuant to this code.
    (Ord. 6577, passed 12-3-91; Code 1989, § 114.312)

§ 114.313 PERMIT FEE.72

   The fee for each permit shall be assessed on the total value of all work for which the
permit is issued.

Total                                   Fee Assessed

$1 - $500                               $15

501 - 2,000                             $15 for the 1st $500 plus $2 for each
                                        additional $1,000 or fraction thereof
                                        and to and include $2,000.

2,001 - 100,000                         $50 for the 1st $2,000 plus $7 for
                                        each additional $1,000 or fraction
                                        thereof and to and include $100,000.

100,000.01 - 500,000                    $400 for the 1st $500,000 plus $3.50
                                        for each additional $1,000 or fraction
                                        thereof to and include $500,000.

500,000.01 - and up                  $950 for the 1st $500,000 plus $2 for
                                     each additional $1,000 or fraction
                                     thereof to and include $500,000.
(Ord. 6577, passed 12-3-91; Code 1989, § 114.313)

§ 114.314 BOND.73

    No permit shall be issued to any applicant desiring to remove, handle, or abate asbestos
until applicant has filed with the City Controller an indemnifying bond to be approved by the
City Controller, payable to the city and party affected, in the penal sum of $10,000 with good
and sufficient surety. The bond shall be conditioned that the permittee will not violate any of
the provisions of the City Building Code and the Indiana Department of Environmental
Management. The bond shall be further conditioned to reimburse any persons, firms or
corporations for whom the licensee may do asbestos removal or abatement work whereby the
person, persons, firm or corporation may be damaged by virtue of any improper work or
neglect of the applicant in violating any of the terms of this section, the City Building Code,
                                                                                     Page 93 of 115


the Indiana Department of Environmental Management or the State Administrative Rules.
(Ord. 6577, passed 12-3-91; Code 1989, § 114.314)

§ 114.315 INSURANCE.74

    The contractor shall keep in force general liability, bodily injury, property liability and
personal injury insurance in an amount not less than $1,000,000 Worker's Compensation and
employer’s liability.
    (Ord. 6577, passed 12-3-91; Code 1989, § 114.315)

                     SEXUALLY ORIENTED BUSINESSES AND EMPLOYEES*

*State law reference: Public indecency, IC 35-45-4-1.

§ 114.400. Purpose and Findings.

(A) Purpose. It is the purpose of this ordinance to regulate sexually oriented businesses in
order to promote the health, safety, morals, and general welfare of the citizens of the City, and
to establish reasonable and uniform regulations to prevent the deleterious secondary effects of
sexually oriented businesses within the City. The provisions of this ordinance have neither the
purpose nor effect of imposing a limitation or restriction on the content or reasonable access
to any communicative materials, including sexually oriented materials. Similarly, it is not the
intent nor effect of this ordinance to restrict or deny access by adults to sexually oriented
materials protected by the First Amendment, or to deny access by the distributors and
exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent
nor effect of this ordinance to condone or legitimize the distribution of obscene material.

(B) Findings. Based on evidence of the adverse secondary effects of adult uses in Gary and in
other communities, presented in hearings and in reports made available to the Council, and on
findings incorporated in the cases of Pap's A.M. v. City of Erie, 2000 U.S. LEXIS 2347 (Mar. 29,
2000); City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986), Young v. American Mini
Theatres, 426 U.S. 50 (1976), and Bames v. Glen Theatre, Inc., 501 U.S. 560 (1991), Schultz
v. City of Cumberland, 26 F.Supp.2d 1128 (W.D. Wisc. 1998), aff'd in part, rev'd in part, 2000
U.S. App. LEXIS 23773 (7th Cir. 2000); Berg v. Health & Hospital Corp., 865 F.2d 797 (1989);
DiMa Corp. v. Town of Hallie, 185 F.3d 823 (1999); Entertainment Concepts v. Maciejewski,
631 F.2d 497 (1980); Genusa v. City of Peoria, 619 F.2d 1203 (1980); Graff v. City of Cbicago,
9 F.3d 1309 (1993); North Avenue Novelties, Inc. v. City of Chicago, 88 F.3d 441 (1996); and
other cases; and on reports of secondary effects occurring in and around sexually oriented
businesses, both in Gary and in other communities including, but not limited to, Phoenix,
Arizona - 1984; Minneapolis, Minnesota-1980; Houston, Texas - 1997; Indianapolis, Indiana;
Amarillo, Texas; Garden Grove, California - 1991; Los Angeles, California - 1977; Whittier,
California - 1978; Austin, Texas - 1986; Seattle, Washington - 1989; Oklahoma City,
Oklahoma - 1986; Cleveland, Ohio -; and Dallas, Texas - 1997; St. Croix County, Wisconsin -
1993; Bellevue, Washington, - 1998; Newport News, Virginia - 1996; New York Times Square
study - 1994; and also on findings from the Report of the Attorney General's Working Group
On The Regulation Of Sexually Oriented Businesses, (June 6, 1989, State of Minnesota), the
Council finds:

(1)    Sexually oriented businesses lend themselves to ancillary unlawful and unhealthy
activities that are presently uncontrolled by the unlicensed operators of the establishments.
Further, there is presently no mechanism in this city to make the owners and operators of
these establishments responsible for the activities that occur on their premises.
                                                                                       Page 94 of 115


(2) Certain employees of unregulated sexually oriented businesses defined in this ordinance
as adult theatres and cabarets engage in higher incidence of certain types of illicit sexual
behavior than employees of other establishments.

(3) Sexual acts, including masturbation, and oral and anal sex, occur at unregulated sexually
oriented businesses, especially those which provide private or semi-private booths or cubicles
for viewing films, videos, or live sex shows.

(4) Offering and providing such unregulated space encourages such activities, which creates
unhealthy conditions.

(5) Persons frequent certain adult theatres, adult arcades, and other sexually oriented
businesses for the purpose of engaging in sex within the premises of such sexually oriented
businesses, or for the purpose of purchasing or selling illicit drugs.

(6) Numerous communicable diseases may be spread by activities occurring in sexually
oriented businesses, including, but not limited to, syphilis, gonorrhea, human
immunodeficiency virus infection (HIV-AIDS), genital herpes, hepatitis salmonella,
campylobacter and shigella infections, chlamydial, myoplasmal and ureoplasmal infections,
trichomoniasis and chancroid.

(7) According to research from the Kaiser Family Foundation, an estimated 650,000 to
900,000 Americans are infected with HIV. The number of new HIV infections occurring each
year is now about 41,000. Men and women of all races are most likely to be infected by sexual
contact.

(8) Relevant statistics revealed that a total of 5,419 AIDS cases had been reported in Indiana
as of January 1, 1999. Indiana has required HIV case reporting since July of 1988 and shows
5,561 people currently living with HIV (3109) or AIDS (2,452) in the state.

(9) The Centers for Disease Control and Prevention estimates that as many as 1 in 3 people
with HIV do not know they are infected.

(10) The number of cases of early (less than one year) syphilis in the United States reported
annually has risen, with 33,613 cases reported in 1982 and 45,200 through November of
1990.

(11) The number of cases of gonorrhea in the United States reported annually remains at a
high level, with over one-half million cases being reported in 1990.

(12) The surgeon general of the United States in his report of October 22, 1986, has advised
the American public that AIDS and HIV infection may be transmitted through sexual contact,
intravenous drug abuse, exposure to infected blood and blood components, and from an
infected mother to her newborn.

(13) According to the best scientific evidence, AIDS and HIV infection, as well as syphilis and
gonorrhea, are principally transmitted by sexual acts. See, e.g. Findings of U.S. Dept. of
Health & Human Services.

(14) Sanitary conditions in some sexually oriented businesses are unhealthy, in part, because
the activities conducted there are unhealthy, and, in part, because of the unregulated nature
of the activities and the failure of the owners and the operators of the facilities to self-regulate
those activities and maintain those facilities.
                                                                                       Page 95 of 115



(15) Numerous studies and reports have determined that semen is found in the areas of
sexually oriented businesses where persons view "adult" oriented films.

(16) The findings noted in paragraphs number 1 through 15 raise substantial governmental
concerns.

(17) Sexually oriented businesses have operational characteristics that should be reasonably
regulated in order to protect those substantial governmental concerns.

(18) A reasonable licensing procedure is an appropriate mechanism to place the burden of that
reasonable regulation on the owners and the operators of the sexually oriented businesses.
Further, such a licensing procedure will place a heretofore nonexistent incentive on the
operators to see that the sexually oriented business is run in a manner consistent with the
health, safety and welfare of its patrons and employees, as well as the citizens of the City. It is
appropriate to require reasonable assurances that the licensee is the actual operator of the
sexually oriented business, fully in possession and control of the premises and activities
occurring therein.

(19) Removal of doors on adult booths and requiring sufficient lighting on premises with adult
booths advances a substantial governmental interest in curbing the illegal and unsanitary
sexual activity occurring in adult theatres.

(20) Requiring licensees of sexually oriented businesses to keep information regarding current
employees and certain past employees will help reduce the incidence of certain types of
criminal behavior by facilitating the identification of potential witnesses or suspects and by
preventing minors from working in such establishments.

(21) The disclosure of certain information by those persons ultimately responsible for the day-
to-day operation and maintenance of the sexually oriented business, where such information is
substantially related to the significant governmental interest in the operation of such uses, will
aid in preventing the spread of sexually transmitted diseases.

(22) It is desirable in the prevention of the spread of communicable diseases to obtain a
limited amount of information regarding certain employees who may engage in the conduct
which this ordinance is designed to prevent or who are likely to be witnesses to such activity.

(23) The general welfare, health, morals and safety of the citizens of the City will be promoted
by the enactment of this ordinance.
(Ord. No. 7203, § 1, 1-4-2001)

§ 114.401. Definitions.75

For purposes of this chapter, the words and phrases defined in the sections hereunder shall
have the meanings therein respectively ascribed to them unless a different meaning is clearly
indicated by the context.

A. Adult Arcade.

"Adult Arcade" shall mean any place to which the public is permitted or invited wherein coin-
operated or slug-operated or electronically, electrically, or mechanically controlled still or
motion picture machines, projectors, or other image-producing devices are regularly
maintained to show images to five or fewer persons per machine at any one time, and where
                                                                                       Page 96 of 115


the images so displayed are distinguished or characterized by their emphasis upon matter
exhibiting or describing "specified sexual activities" or specified "anatomical areas."

A1. Adult Bookstore, Adult Novelty Store, Adult Video Store.

"Adult Bookstore, Adult Novelty Store, or Adult Video Store" means a commercial
establishment which has significant or substantial portion of its stock-in trade or derives a
significant or substantial portion of its revenues or devotes a significant or substantial portion
of its interior business or advertising, or maintains a substantial section of its sales or display
space to the sale or rental, for any form of consideration, of any one or more of the following:

a. Books, magazines, periodicals or other printed matter, or photographs, films, motion
pictures, video cassettes, compact discs, slides, or other visual representations which are
characterized by their emphasis upon the exhibition or description of "specified sexual
activities" or "specified anatomical areas";

b. Instruments, devices, or paraphernalia which are designed for use or marketed primarily
for stimulation of human genital organs or for sadomasochistic use or abuse of themselves or
others.

A2. Adult Cabaret.

"Adult Cabaret" means a nightclub, bar, juice bar, restaurant bottle club, or similar commercial
establishment, whether or not alcoholic beverages are served, which regularly features:(a)
persons who appear semi-nude, (b) live performances which are characterized by the
exposure of "specified anatomical areas" or "specified sexual activities," or (c) films, motion
pictures, videocassettes, slides, or other photographic reproductions which are characterized
by their emphasis upon the exhibition or description of "specified sexual activities" or
"specified anatomical areas."

A3. Adult Motel.

"Adult motel" means a motel, hotel, or similar commercial establishment which: (a) offers
public accommodations, for any form of consideration, and which regularly provides patrons
with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or
other photographic reproductions which are characterized by their emphasis upon the
exhibition or description of "specified sexual activities" or "specified anatomical areas" and
which regularly advertises the availability of such material by means of a sign visible from the
public right-of-way, or by means of any off-premises advertising, including but not limited to,
newspapers, magazines, pamphlets or leaflets, radio or television, and (b) offers a sleeping
room for rent for a period of time less than ten (10) hours.

A4. Adult Motion Picture Theater.

"Adult Motion Picture Theater" means a commercial establishment where films, motion
pictures, videocassettes, slides, or similar photographic reproductions which are characterized
by their emphasis upon the exhibition or description of "specified sexual activities" or
"specified anatomical areas" are regularly shown for any form of consideration.

A5. Adult Theater.

"Adult Theater" means a theater, concert hall, auditorium, or similar commercial establishment
which, for any form of consideration, regularly features persons who appear in state of semi-
                                                                                    Page 97 of 115


nudity or live performances which are characterized by their emphasis upon the exposure of
"specified anatomical areas" or "specified sexual activities."

C. Controlling Interest.

"Controlling Interest" means the power, directly or indirectly, to direct the operation,
management or policies of a business or entity, or to vote twenty per cent or more of any
class of voting securities of a business. The ownership, control, or power to vote twenty per
cent or more of any class of voting securities of a business shall be presumed, subject to
rebuttal, to be the power to direct the management, operation or policies of the business.

D. Distinguished or Characterized by an Emphasis Upon.

"Distinguished or Characterized by an Emphasis Upon" means the dominant or principal theme
of the object described by such phrase. For instance, when the phase refers to films "which
are distinguished or characterized by an emphasis upon the exhibition or description of
Specified Sexual Activities or Specified Anatomical areas," the films so described are those
whose dominant or principal character and theme are the exhibition or description of "specified
anatomical areas" or "specified sexual activities."

E. Employ, Employee, and Employment.

"Employ, Employee, and Employment" describe and pertain to any person who performs any
service on the premises of a sexually oriented business, on a full time, part time, or contract
basis, whether or not the person is denominated an employee, independent contractor, agent,
or otherwise. Employee does not include a person exclusively on the premises for repair or
maintenance of the premises or for the delivery of goods to the premises.

E2. Establish or Establishment.

"Establish or Establishment" shall mean and include any of the following:

a. The opening or commencement of any sexually oriented business as a new business;

b. The conversion of an existing business, whether or not a sexually oriented business, to any
sexually oriented business;

c. The addition of any sexually oriented business to any other existing sexually oriented
business; or

d. The relocation of any sexually oriented business.

H. Hearing Officer.

"Hearing Officer" shall mean the Mayor of the City of Gary or a designee of the Mayor.

L. Licensee.

"Licensee" shall mean a person in whose name a license to operate a sexually oriented
business has been issued, as well as the individual or individuals listed as an applicant on the
application for a sexually oriented business license. In case of an "employee," it shall mean
the person in whose name the sexually oriented business employee license has been issued.
                                                                                      Page 98 of 115


N. Nudity or a State of Nudity.

"Nudity" or "State of Nudity" means the showing of the human male or female genitals, pubic
area, vulva, anus, anal cleft or cleavage with less than a fully opaque covering, or the showing
of the female breast with less than a fully opaque covering of any part of the nipple.

O. Operate or Cause to be Operated or Operator.

"Operate or Cause to Operate" shall mean to cause to function or to put or keep in a state of
doing business. "Operator" means any persons on the premises of a sexually oriented business
who is authorized to exercise overall operational control of the Business or who causes to
function or who puts or keeps in operation the business. A person may be found to be
operating or causing to be operated a sexually oriented business whether or not that person is
an owner, part owner, or licensee of the business.

P. Person.

"Person" shall mean individual, proprietorship, partnership, corporation, association, or other
legal entity.

R. Regularly Features or Regularly Shown.

"Regularly Features or Regularly Shown" means a consistent or substantial course of conduct,
such that the films or performances exhibited constitute a substantial portion of the films or
performances offered as a part of the ongoing business of the sexually oriented business.

S. Semi-Nude or State of Semi-Nudity.

"Semi-Nude or State of Semi-Nudity" shall mean a state of dress in which opaque clothing
covers no more than the genitals, anus, anal cleft or cleavage, pubic area, vulva, and nipple of
the female breast, as well as portions of the body covered by supporting straps or devices.

S1. Semi-Nude Model Studio.

"Semi-Nude Model Studio" means any place where a person, who regularly appears in a state
of semi-nudity is provided for money or any form of consideration to be observed, sketched,
drawn, painted, sculptured, photographed, or similarly depicted by other persons.

It is a defense to prosecution for any violation of this ordinance that a person appearing in a
state of nudity or semi-nudity or semi-nudity did so in a modeling class operated:

1. By a college, junior college, or university supported entirely or partly by taxation;

2. By a private college or university which maintains and operates educational programs in
which credited are transferable to college, junior college, or university supported entirely or
partly by taxation; or:

3. In a structure:

a. Which has no sign visible from the exterior of the structure and no other advertising that
indicates a semi-nude person is available for viewing; and

b.   Where, in order to participate in a class a student must enroll at least three days in
                                                                                     Page 99 of 115


advance of the class.

S2. Sexual Encounter Establishment.

"Sexual Encounter Establishment" means a business or commercial establishment, that as one
of its principle business purposes, offers for any form of consideration, a place where two or
more persons may congregate, associate, or consort for the purpose of "specified sexual
activities" or when one or more of the persons is semi-nude. The definition of sexually
oriented businesses shall not include an establishment where a medical practitioner,
psychologist, psychiatrist, or similar professional person licensed by the state engages in
medically approved and recognized sexual therapy.

S3. Sexually Oriented Business.

"Sexually Oriented Business" shall mean an adult arcade, adult bookstore, adult novelty store,
adult video store, adult cabaret, adult motel, or adult entertainment out-call service in the
form of semi-nude dancing or exhibition, adult motion picture theater, adult theater, semi-
nude model studio, or sexual encounter establishment.

S4. Sexually Oriented Entertainment Activity

"Sexually Oriented Entertainment Activity" means the sale, rental, or exhibition for any form
of consideration, of books, films, video cassettes, magazines, periodicals, or live performances
which are characterized by an emphasis on the exposure or display of specific sexual activity.

S5. Specified Anatomical Areas.

"Specified Anatomical Areas" shall mean human genitals, anus, cleft of the buttocks, or the
female breast.

S6. Specified Sexual Activity.

"Specified Sexual Activity" means any of the following:

a. sex acts, normal or perverted, including intercourse, oral copulation, masturbation or
sodomy; or

b. excretory functions as a part of or in connection with any of the activities described in (a)
above.

T. Transfer of Ownership or Control

"Transfer of Ownership or Control" of a sexually oriented business shall mean any of the
following:

a. The sale, lease, or sublease of the business;

b. The transfer of securities which constitute a controlling interest in the business, whether by
sale, exchange, or similar means; or

c. The establishment of a trust, gift, or other similar legal device which transfers the
ownership or control of the business, except for transfer by bequest or other operation of law
upon the death of the person possessing the ownership or control.
                                                                                    Page 100 of 115



V. Viewing Room

"Viewing Room" shall mean the room, booth, or area where a patron of sexually oriented
business would ordinarily be positioned while watching a film, videocassette, or other video
reproduction.
(Ord. No. 7203, § 2, 1-4-2001)

§ 114.402. Classification.

Sexually oriented businesses shall be classified as follows:

(1) Adult arcades;

(2) Adult bookstores, adult novelty stores, adult video stores;

(3) Adult cabarets;

(4) Adult motels;

(5) Adult motion picture theaters;

(6) Adult theaters;

(7) Semi-nude model studios; and

(8) Sexual encounter establishments.
(Ord. No. 7203, § 3, 1-4-2001)

§ 114.403. License Required.76

(A) It shall be unlawful for any person to operate a sexually oriented business in the City of
Gary without a valid sexually oriented business license.

(B) It shall be unlawful for any person to be an "employee," as defined in this Chapter, of a
sexually oriented business in the City of Gary without a valid sexually oriented business
employee license.

(C) An applicant for a sexually oriented business license or a sexually oriented business
employee license shall file in person at the office of the City Controller Comptroller a
completed application made on a form provided by the City Controller Comptroller. The
application shall be signed by the applicant and notarized. An application shall be considered
complete when it contains the information required in Paragraphs 1 through 5 as follows:

1. The applicant's full true name and any other names used in the preceding five (5) years.

2. Current business address or another mailing address of the applicant.

3. Written proof of age, in the form of a copy of a birth certificate or a picture identification
document issued by a governmental agency.

4. If the application is for a sexually oriented business license, the business name, location,
legal description, mailing address and phone number (if one currently exists) of the proposed
                                                                                    Page 101 of 115


sexually oriented business.

5. If the application is for a sexually oriented business license, the name and address of the
statutory agent or other agent authorized to receive service of process.

The information provided pursuant to Paragraphs 1 through 5 of this subsection shall be
supplemented in writing by certified mail, return receipt requested, to the City Controller
Comptroller within ten (10) working days of a change of circumstances which would render the
information originally submitted false or incomplete.

(D) An application for a sexually oriented business license shall be accompanied by a sketch or
diagram showing the configuration of the premises, including a statement of total floor space
occupied by the business. The sketch or diagram need not be professionally prepared but shall
be drawn to a designated scale or drawn with marked dimensions of the interior of the
premises to an accuracy of plus or minus six inches. Applicants who are required to comply
with Sections 114.413 14 and 114.417 18 of this chapter shall submit a diagram meeting the
requirements of those sections.

(E) If a person who wishes to operate a sexually oriented business is an individual, he shall
sign the application for a license as applicant. If a person who wishes to operate a sexually
oriented business is other than an individual, each officer, director, general partner or other
person who will participate directly in decisions relating to management and control of the
business shall sign the application for a license as applicant. Each applicant must be qualified
under Section 114.404 5 and each applicant shall be considered a licensee if a license is
granted.

(F) A person who possesses a regular business license is not exempt from the requirement, if
applicable, of obtaining a sexually oriented business license and complying with the
regulations in this Chapter. A person who operates a sexually oriented business and possesses
a video center license or theater license shall comply with the requirements and provisions of
this Chapter, when applicable.

(G) The information provided by an applicant in connection with an application for a license
under this chapter shall be maintained by the City Controller Comptroller on a confidential
basis, except that such information may be disclosed only to law enforcement agencies in
connection with a law enforcement or public safety function, or as may be required by
governing law or court order. The information provided by a sexually oriented business license
applicant in connection with the application for a license under this chapter shall be
maintained by the City Controller Comptroller.
(Ord. No. 7203, § 4, 1-4-2001)

§ 114.404.Issuance of License.

(A) Upon the filing of a completed application under Section 114.403(C)4(C) for a sexually
oriented business license, the City Controller Comptroller shall immediately issue a Temporary
License to the applicant, which Temporary License shall expire upon the final decision of the
City to deny or grant the license. Within forty (40) days of the initial filing date of the
completed application, the Controller Comptroller shall issue a license to the applicant or issue
to the applicant a letter of intent to deny the application. The Controller Comptroller shall
approve the issuance of a license unless one or more of the following is found to be true:

1. An applicant is less than eighteen (18) years of age.
                                                                                    Page 102 of 115


2. An applicant has failed to provide information as required by Section 114.4034 for issuance
of a license or has falsely answered a question or request for information on the application
form.

3. The license application fee required by this Chapter has not been paid.

4. [this subsection was deleted by Ord. No. 7623]

5. In the case of a sexually oriented business license application, the premises is not in
compliance with the interior configuration requirements of this Chapter.

(B) Upon the filing of a completed application for a sexually oriented business employee
license, the Controller Comptroller shall issue a Temporary License to the applicant, which
Temporary License shall expire upon the final decision of the City to deny or grant the license.
Within forty (40) days of the initial filing date of the receipt of a completed application, the
Controller Comptroller shall either issue a license or issue a written notice of intent to deny a
license to the applicant. The Controller Comptroller shall approve the issuance of a license
unless one or more of the following is found to be true.

1. The applicant is less than eighteen (18) years of age.

2. The applicant has failed to provide information as required by Section 114.4034 for
issuance of a license or has falsely answered a question or request for information on the
application form.

3. The license application fee required by this section has not been paid.

4. The applicant has been shown to have committed a violation of Section 114.406(A)7(A),
Section 114.417(A)18(A),Section 114.417(B)18(B), or Section 114.417(C)18(C) of this
division Ordinance within the previous year.

(C) The license, if granted, shall state on its face the name of the person or persons to whom
it is granted, the number of the license issued to the licensee(s), the expiration date, and, if
the license is for a sexually oriented business, the address of the sexually oriented business.
The sexually oriented business license shall be posted in a conspicuous place at or near the
entrance to the sexually oriented business so that it may be easily read at any time. A
sexually oriented business employee shall keep the employee's license on his or her person or
on the premises where the licensee is then working or performing and shall produce such
license for inspection upon request by a law enforcement officer or other city official
performing functions connected with the enforcement of this chapter.
(Ord. No. 7203, § 5, 1-4-2001) (Ord. No. 7623, § 1, 10-5-2004)

§ 114.405 Fees.77

The initial license and annual renewal fees for a sexually oriented business license or a
sexually oriented business employee license shall be set by the Common City Council at an
amount determined by the Council as sufficient to pay the cost of administering this
Ordinance. In no event shall the fees exceed two hundred dollars ($200) for the initial fee of a
business and one hundred ($100) for annual renewal; and one hundred dollars ($100) for the
initial employee license and fifty dollars ($50) for annual renewal.
(Ord. No. 7203, § 6, 1-4-2001)

§ 114.406. Inspection.
                                                                                  Page 103 of 115



(A) Sexually oriented business operators and sexually oriented business employees shall
permit officers or agents of the City Of Gary who are performing functions connected with the
enforcement of this Chapter to inspect the portions of the sexually oriented business premises
where patrons are permitted, for the purpose of ensuring compliance with this Chapter, at any
time the sexually oriented business is occupied by patrons or open for business.

(B) The provisions of this Section do not apply to areas of an adult motel which are currently
being rented by a customer for use as a permanent or temporary habitation.
(Ord. No. 7203, § 7, 1-4-2001)

§ 114.407. Expiration of License.

Each license shall remain valid for a period of one calendar year from the date of issuance
unless otherwise suspended or revoked. Such license may be renewed only by making
application and payment of a fee as provided in Sections 114.403 4 and 114.405 6.
Application for renewal should be made at least ninety (90) days before the expiration date,
and when made less than ninety (90) days before the expiration date, the expiration of the
license will not be affected.
(Ord. No. 7203, § 8, 1-4-2001)

§ 114.408. Suspension.

The City shall issue a written letter of intent to suspend a sexually oriented business license
for a period not to exceed thirty (30) days if it is determined that the sexually oriented
business licensee has knowingly violated this chapter or has knowingly allowed an employee to
violate this chapter. The City shall issue a written letter of intent to suspend a sexually
oriented employee license if it is determined that the employee has knowingly violated this
chapter.
(Ord. No. 7203, § 9, 1-4-2001)

§ 114.409. Revocation.

(A) The City shall issue a letter of intent to revoke a sexually oriented business license or a
sexually oriented business employee license if a cause of suspension in Section 114.408 9
occurs and the license has been suspended within the preceding twelve (12) months.

(B) The City shall issue written intent to revoke a sexually oriented business license if the
Officer determines that:

(1) The sexually oriented business licensee has knowingly given false information in the
application for the sexually oriented business license.

(2) The sexually oriented business licensee has knowingly allowed possession, use, or sale of
controlled substances on the premises;

(3) The sexually oriented business licensee has knowingly allowed prostitution on the
premises;

(4) The sexually oriented business licensee knowingly operated the sexually oriented business
during a period of time when the license was suspended;

(5) The sexually oriented business licensee has knowingly allowed any specified sexual activity
                                                                                      Page 104 of 115


to occur in or on the licensed premises.

(C) The fact that a conviction is being appealed shall have no effect on the revocation of the
license.

(D) Nature of Revocation. When, after the notice and hearing procedure described in Section
114.410 11, the Hearing Officer revokes a license, the revocation shall continue for one (1)
year and the licensee shall not be issued a sexually oriented business license or sexually
oriented business employee license for one (1) year from the date revocation becomes
effective, provided that, if the conditions of Section 114.410(B) 11(B) are met, a Provisional
License will be granted pursuant to that section. If, subsequent to revocation, the City
Controller Comptroller finds that the basis for the revocation based on subsection (B)(1) of
this section has been corrected or abated, the applicant shall be granted a license if at least
ninety (90) days have elapsed since the date the revocation became effective. If the license
was revoked under subsections (B)(2), (B)(3), (B)(4) or (B)(5) of this section, an applicant
may not be granted another license until at one (1) year has elapsed.
(Ord. No. 7203, § 10, 1-4-2001) (Ord. No. 7623, § 2, 10-5-2004)

§ 114.410. Hearing; Denial, Revocation, and Suspension; Appeal.

(A) If the City Controller Comptroller determines that facts exist for denial, suspension, or
revocation of a license under this chapter, the City shall notify the applicant or licensee
(respondent) in writing of the intent to deny, suspend or revoke the license, including the
grounds thereof, by personal delivery, or by certified mail. The notification shall be Controller
directed to the most current business address or other mailing address on file with the City
Comptroller for the respondent. Within ten (10) working days of receipt of such notice, the
respondent may provide to the City Controller Comptroller a written response that shall
include a statement of reasons why the respondent believes the license should not be denied,
suspended, or revoked.

Within five (5) days of the receipt of respondent's written response, the City Controller
Comptroller shall notify respondent in writing of the hearing date on respondent's denial,
suspension, or revocation proceeding. Within ten (10) working days of the receipt of
respondent's written response, the Hearing Officer shall conduct a hearing at which
respondent shall have the opportunity to present all of respondent's arguments and to be
represented by counsel, present evidence and witnesses on his or her behalf, and cross-
examine any of the City's witnesses. The Hearing Officer shall issue a written opinion within
five (5) days after the hearing. If a court action challenging the City's decision is initiated, the
City shall prepare and transmit to the court a transcript of the hearing within ten (10) days
after the issuance of the Hearing Officer's written opinion. If a response is not received by the
City Controller Comptroller in the time stated or, if after the hearing the Hearing Officer finds
that grounds as specified in this chapter exist for denial, suspension, or revocation, then such
denial, suspension, or revocation shall become final five (5) days after the Hearing Officer
sends, by certified mail, written notice to the respondent hat the license has been denied,
suspended, or revoked. Such notice shall include a statement advising the respondent of the
right to appeal such decision to a court of competent jurisdiction. If the Hearing Officer finds
that no grounds exist for denial, suspension, or revocation of a license, then within five (5)
days after the hearing, the Hearing Officer shall order the City Controller Comptroller to
immediately withdraw the intent to deny, suspend, or revoke the license and to notify the
respondent in writing by certified mail of such action. The City Controller Comptroller shall
contemporaneously therewith issue the license to the applicant.

(B) When a decision to deny, suspend or revoke a license becomes final, the applicant or
                                                                                    Page 105 of 115


licensee (aggrieved party) whose application for a license has been denied or whose license
has been suspended or revoked shall have the right to appeal such action to a court of
competent jurisdiction. Upon the filing of any court action to appeal, challenge, restrain, or
otherwise enjoin the City's enforcement of the denial, suspension, or revocation, the City shall
immediately issue the aggrieved party a Provisional License. The Provisional License shall
allow the aggrieved party to continue operation of the sexually oriented business or to
continue employment as a sexually oriented business employee and will expire upon the
court's entry of a judgment on the aggrieved party's appeal or other action to restrain or
otherwise enjoin the City's enforcement.

(C) Application of Ordinance During Temporary License or Provisional License Periods. Sexually
oriented businesses or sexually oriented business employees operating or working under
Temporary Licenses (as provided for in Section 114.404(A) 5(A)), Provisional Licenses (as
provided for in Section 114.410(B) 11(B)), or De Facto Temporary Licenses (as provided for in
Section 114.416 17) shall be subject to the provisions of Sections 114.411 12, 114.412 13,
114.413 14, 114.414 15, 114.416 17, and 114.417 18 of this Ordinance.
(Ord. No. 7203, § 11, 1-4-2001) (Ord. No. 7623, § 3, 10-5-2004)

§ 114.411. Transfer of License.

A licensee shall not transfer his or her license to another, nor shall a licensee operate a
sexually oriented business under the authority of a license at any place other than the address
designated in the sexually oriented business license application.
(Ord. No. 7203, § 12, 1-4-2001)

§ 114.412. Hours of Operation.

No sexually oriented business shall open to do business before 10:00 a.m. or remain open
after 11:00 p.m., provided that, a sexually oriented business which has obtained a license to
sell alcoholic beverages from the State of Indiana may remain open to sell alcoholic beverages
under the terms of that license, but may not conduct sexually oriented entertainment activity
after 11:00 p.m.
(Ord. No. 7203, § 13, 1-4-2001)

§ 114.413. Regulations Pertaining to Exhibition of Sexually Explicit Films or Videos.

(A) A person who operates or causes to be operated a sexually oriented business, other than
an adult motel, which exhibits on the premises in a viewing room of less than one hundred
fifty (150) square feet of floor space, a film, video cassette, or other video reproduction
characterized by an emphasis on the display of specified sexual activities or specified
anatomical areas shall comply with the following requirements.

(1) Each application for a sexually oriented business license shall contain a diagram of the
premises showing the location of all manager's stations, viewing rooms, overhead lighting
fixtures, video cameras and monitors installed for monitoring purposes and restrooms, and
shall designate all portions of the premises in which patrons will not be permitted. Restrooms
shall not contain video reproduction equipment. The diagram shall also designate the place at
which the permit will be conspicuously posted, if granted. A professionally prepared diagram in
the nature of an engineer's or architect's blueprint shall not be required; however, each
diagram shall be oriented to the north or to some designated street or object and shall be
drawn to a designated scale or with marked dimensions sufficient to show the various internal
dimensions of all areas of the interior of the premises to an accuracy of plus or minus six
inches. The Controller Comptroller may waive the foregoing diagram for renewal applications if
                                                                                   Page 106 of 115


the applicant adopts a diagram that was previously submitted and certifies that the
configuration of the premises has not been altered since it was prepared.

(2) The application shall be sworn to be true and correct by the applicant.

(3) [deleted by Ord. No. 7623]

(4) It shall be the duty of the operator, and of any employees present on the premises, to
ensure that no patron is permitted access to any area of the premises which has been
designated as an area in which patrons will not be permitted in the application filed pursuant
to Paragraph 1 of this subsection.

(5) The interior premises shall be equipped with overhead lighting fixtures of sufficient
intensity to illuminate every place to which patrons are permitted access at an illumination of
not less than one (1.0) foot candle as measured at the floor level. It shall be the duty of the
operator, and of any employees present on the premises, to ensure that the illumination
described above is maintained at all times that the premises is occupied by patrons or open for
business.

(6) It shall be the duty of the operator, and of any employees present on the premises, to
ensure that no sexual activity occurs in or on the licensed premises.

(7) It shall be the duty of the operator, and of any employees present on the premises, to
ensure that not more than one person is present in a viewing room at any time. No person
shall enter a viewing room that is occupied by another person.

(8) It shall be the duty of the operator, and of any employees present on the premises, to
ensure that no openings of any kind exist between viewing rooms. No person shall make an
attempt to make an opening of any kind between viewing rooms.

(9) It shall be the duty of the operator, or of any employee who discovers two or more
patrons in a viewing room or discovers any person making or attempting to make an opening
of any kind between viewing rooms, to immediately escort such persons from the premises.

(10) It shall be the duty of the operator, or of any employee, who discovers an opening of any
kind between viewing rooms to immediately secure such rooms, and prevent entry into them
by any patron until such time as the wall between the rooms has been repaired to remove the
opening. Removal and repairing openings between viewing rooms shall be in a manner that is
as structurally substantial as the original wall construction.

(11) It shall be the duty of the operator, at least once each business day, to inspect the walls
between viewing rooms for openings of any kind.

(12) It shall be the duty of the operator to post conspicuous signs in well-lighted entry areas
of the business stating all of the following:

(a) That no loitering is permitted in viewing rooms.

(b) That the occupancy of viewing rooms is limited to one person.

(c) That sexual activity on the premises is prohibited.

(d) That the making of openings between viewing rooms is prohibited.
                                                                                      Page 107 of 115



(e) That violators will be required to leave the premises.

(f) That violations of Subparagraphs (b), (c) and (d) of this paragraph are unlawful.

(13) It shall be the duty of the operator to ensure that floor coverings in viewing rooms are
nonporous, easily cleanable surfaces, with no rugs or carpeting.

(14) It shall be the duty of the operator to ensure that all wall surfaces and seating surfaces in
viewing rooms are constructed of or permanently covered by nonporous easily cleanable
material.

(15) It shall be the duty of the operator to ensure that premises are clean and sanitary. Such
duty shall be fulfilled if the operator complies with the following cleaning procedures:

(a) The operator shall maintain a regular cleaning schedule of at least two cleanings per day,
documented by appropriate logs.

(b) The operator shall provide an employee to check all areas for garbage, trash, body fluids
and excrement and to remove and clean all areas with a disinfectant. All solid waste generated
by the business shall be collected from the premises for disposal at a lawful solid waste
disposal facility at least twice each week. Prior to collection solid waste shall be stored in a
manner that prevents access by animals or members of the public and which will not facilitate
the creation of a health nuisance.

(c) Thorough cleaning of the entire interior of any room providing patron privacy shall be done
using a disinfectant. Cleaning shall include floors, walls, doors, seating, monitors, video
cameras, and windows and other surfaces.

(16) The interior of the premises shall be configured in such a manner that there is an
unobstructed view from a manager's station of every area of the premises, including the
interior of each viewing room but excluding restrooms, to which any patron is permitted
access for any purpose. A manager's station shall not exceed thirty-two (32) square feet of
floor area. If the premises has two (2) or more manager's stations designated, then the
interior of the premises shall be configured in such a manner that there is an unobstructed
view of each area of the premises to which any patron is permitted access for any purpose
from at least one of the manager's stations. The view required in this paragraph must be by
direct line of sight from the manager's station. It is the duty of the operator to ensure that at
least one employee is on duty and situated in each manager's station at all times that any
patron is on the premises. It shall be the duty of the operator, and it shall also be the duty of
any employees present on the premises, to ensure that the view area specified in this
paragraph remains unobstructed by any doors, curtains, walls, merchandise, display racks or
other materials or enclosures at all times that any patron is present on the premises.

(B) It shall be unlawful for a person having a duty under this section to knowingly fail to fulfill
that duty.
(Ord. No. 7203, § 15, 1-4-2001) (Ord. No. 7623, § 4, 10-5-2004)

§ 114.414. Loitering and Exterior Lighting and Monitoring Requirements.

(A) It shall be the duty of the operator of a sexually oriented business to: (a) initiate and
enforce a no loitering policy within the external boundaries of the real property upon which the
sexually oriented businesses are located; (b) post conspicuous signs stating that no loitering is
                                                                                      Page 108 of 115


permitted on such property; (c) designate one or more employees to monitor the activities of
persons on such property by visually inspecting such property at least once every ninety (90)
minutes or inspecting such property by use of video cameras and monitors; and (d) provide
lighting of the exterior premises to provide for visual inspection or video monitoring to prohibit
loitering. If used, video cameras and monitors shall operate continuously at all times that the
premises is open for business. The monitors shall be installed within a manager's station.

(B) It shall be unlawful for a person having a duty under this section to knowingly fail to fulfill
that duty.
(Ord. No. 7203, § 15, 1-4-2001)

§ 114.415. Penalties and Enforcement.78

A person who knowingly violates, disobeys, omits, neglects, or refuses to comply with or
resists the enforcement of any of the provisions of this chapter shall be fined not to exceed the
$2500. Each day the violation is committed, or permitted to continue, shall constitute a
separate offense and shall be fined as such.

The City Attorney is hereby authorized to institute criminal or civil proceedings necessary for
the enforcement of this Chapter to prosecute, restrain, or correct violations hereof. Such
proceedings, including injunction, shall be brought in the name of the City, provided, however,
that nothing in this section and no action taken thereunder, shall be held to exclude such
criminal proceedings as may be authorized by other provisions of the City code, or any of the
laws or ordinances in force in the city or to exempt anyone violating this code or any part of
the said laws from any penalty which may be incurred.
(Ord. No. 7203, § 16, 1-4-2001)

§ 114.416. Applicability of Ordinance to Existing Businesses.79

The provisions of this Ordinance shall apply to the activities of all sexually oriented businesses
and sexually oriented business employees described herein, whether such businesses or
activities were established or commenced before, on, or after the effective date of this
ordinance. All existing sexually oriented businesses and sexually oriented business employees
are hereby granted a De Facto Temporary License to continue operation or employment for a
period of ninety (90) days following the effective date of this ordinance. Within said (90) days,
all sexually oriented businesses and sexually oriented business employees must make
application for a license pursuant to this Chapter. Within said (90) days, sexually oriented
businesses must make any necessary changes to the interior configurations of the regulated
business premises to conform to this Chapter.
(Ord. No. 7203, § 17, 1-4-2001)

§ 114.417. Additional Regulations Concerning Live Public Nudity.

It is unlawful for a sexually oriented business to knowingly violate the following regulations or
to knowingly allow an employee or any other person to violate the following regulations:
(A) It shall be a violation of this chapter for a patron, employee, or any other person who
knowingly or intentionally, in a sexually oriented business, appears in a state of nudity,
regardless of whether such public nudity is expressive in nature.

(B) It shall be a violation of this chapter for a person who knowingly or intentionally in a
sexually oriented business appears in a semi-nude condition unless the person is an employee
who, while semi-nude, shall be at least six (6) feet from any patron or customer and on a
stage at least two (2) feet from the floor.
                                                                                      Page 109 of 115



(C) It shall be a violation of this chapter for any employee, while semi-nude in a sexually
oriented business, to knowingly or intentionally receive any pay or gratuity directly from any
patron or customer or for any patron or customer to knowingly or intentionally pay or give any
gratuity directly to any employee, while said employee is semi-nude in a sexually oriented
business.

(D) It shall be a violation of this chapter for any employee, while semi-nude, to knowingly or
intentionally touch a customer or the clothing of a customer.

A sign in a form to be prescribed by the City Controller Comptroller and summarizing the
provisions of Paragraphs A, B, C, and D of this Section, shall be posted near the entrance of
the sexually oriented business in such a manner as to be clearly visible to patrons upon entry.
(Ord. No. 7203, § 18, 1-4-2001)

§ 114.418. Scienter Required to Prove Violation or Business Licensee Liability.

This chapter does not impose strict liability. Unless a culpable mental state is otherwise
specified herein, a showing that an act was done either knowingly or recklessly is necessary to
establish a violation of this chapter. Notwithstanding anything to the contrary, for the purposes
of this chapter, an act by an employee that constitutes grounds for suspension or revocation of
that employee's license shall be imputed to the sexually oriented business licensee for
purposes of finding a violation of this chapter, or for purposes of license denial, suspension, or
revocation, only if an officer, director, or general partner, or a person who managed,
supervised, or controlled the operation of the business premises, knowingly or recklessly
allowed such act to occur on the premises. It shall be a defense to liability that the person to
whom liability is imputed was powerless to prevent the act.
(Ord. No. 7623, § 5, 10-5-2004)

§ 114.419. Failure of City to Meet Time Frame Not to Risk Applicant or Licensee Rights.

In the event that a City official is required to take an act or do a thing pursuant to this chapter
within a prescribed time, and fails to take such act or do such thing within the time prescribed,
said failure shall not prevent the exercise of constitutional rights of an applicant or licensee. If
the act required of the City under this chapter, but not completed in the time prescribed,
includes approval of condition(s) necessary for approval by the City of an applicant or
licensee's application for sexually oriented business license or a sexually oriented business
employee's license (including a renewal), the condition shall be deemed approved and the
business or employee allowed to commence operations or employment the day after the
deadline for the City's action has passed.
(Ord. No. 7623, § 6, 10-5-2004)

                                             PENALTY

§ 114.999 PENALTY.80

    (A) Any person who violates any provision of this chapter for which another penalty is not
provided, shall, upon conviction, be fined no less than $500 no more than $10,000.

    (B) Any person violating any of the provisions of § 114.002 shall, upon conviction, be
fined no less than $5 not more than $2,000. Each day the violation is committed or permitted
to continue shall constitute a separate offense and shall be punishable as such hereunder.
('60 Code, § 7-16030) (Ord. 3355, passed)
                                                                                     Page 110 of 115



    (C) Any person violating or failing to comply with the provisions of §§ 114.006 through
114.017 and other applicable provisions relating to the licensing and ambulances, attendant-
drivers, and attendants, shall be subject to a fine no less than $250 nor more than $2,500 for
each violation.
    ('60 Code, § 8-1813) (Ord. 4488, passed; Am. Ord. 6711, passed 5-4-94; Code 1989, §
114.)

   (D) Whoever violates any of the provisions of §§ 114.020 through 114.025 or §§
114.125 through 114.138, shall be fined not more than $500. Each day's violation shall
constitute a separate offense.
   (Ord. 5888, passed 1-18-83; Ord. 5966, passed 3-13-84)

    (E) Any person who shall violate any provision of §§ 114.195 through 114.208 shall be
fined as provided in division (A) of this section; and the person's license to operate as a
secondhand motor vehicle dealer in the city shall be revoked by the Mayor upon the advice of
the committee on secondhand motor vehicle dealers' licenses after a fair hearing before the
Committee.
('60 Code, § 7-2022) (Ord. 2207, passed; Am. Ord. 6711, passed 5-4-94)

(F) Any person who shall violate any provisions of §§ 114.215 through 114.258 shall be
fined in a sum not less than $250 not more than $5,000.
('60 Code, § 7-2267) (Ord. 3535, passed; Am. Ord. 6711, passed 5-4-94; Code 1989, §
114.999)


1
  Legal analysis: 1989 Code, § 114.001 BRANCH STORES. Please review the fee herein and advise
as to changes necessary to make same current. Please advise if the fees should be transferred to
the fee schedule.
2
  Legal analysis: 1989 Code, § 114.003 (B) GENERAL BUSINESS LICENSE. Please review the fee in
subsection B and advise as to changes necessary to make same current. Please advise if the fees
should be transferred to the fee schedule. Revised subsection (C)(1) to provide reference to
schedule of fees. This amount already appears in the existing schedule (Ord. No. 7718).
.
.
3
  Legal Analysis: Code 1989, §§ 14.005--14.016. Private ambulances. Deleted as preempted by IC
16-31-3-1 et seq. Code § 114.014 is covered by (and inconsistent with) IC 9-21-1-8.
4
  Legal analysis: 1989 Code, § 114.017 RATE SCHEDULE. Please review the fee herein and advise
as to changes necessary to make same current. Please advise if the fee should be added to the fee
schedule.
5
  Legal analysis: 1989 Code, § 114.021. LICENSING PROVISIONS. Please review the fee herein
and advise as to changes necessary to make same current. Please advise if the fee should be
added to the fee schedule.
6
  Legal analysis: 1989 Code, § 114.022. AMUSEMENT DEVICE ARCADE PERMIT. Please review the
fee herein and advise as to changes necessary to make same current. Please advise if the fee
should be added to the fee schedule.


7
    Legal Analysis: Code 1989, § 114.025 MINORS. If obsolete, delete.
8
  Legal analysis: 1989 Code, § 114.030 (C). LICENSE REQUIRED; APPLICATION; FEES.
Revised to provide reference to schedule of fees (Ord. No. 7718). Please verify amounts in
schedule of fees is correct.
                                                                                       Page 111 of 115




9
    Legal analysis: 1989 Code, §§ 114.040--114.052. Deleted as preempted by IC 12-17.2-1-1.


10
   Legal Analysis: 1989 Code, § 114.060--114.062, Coal and coke. If obsolete, delete.
11
   Legal Analysis: Code 1989, § 114.065--114.068. DRY-CLEANING ESTABLISHMENTS. Deleted as
preempted by IC 25-1-2-2.1 and state fire regulations. The citizenship provisions in § 114.067 are
unconstitutional. See In re Griffiths, 413 U.S. 717, 93 S. Ct. 2851, 37 L. Ed. 2d 910 (1973)
(citizenship as prerequisite to practice law unconstitutional); Examining Board of Engineers v. de
Otero, 426 U.S. 572, 96 S. Ct. 2264, 49 L. Ed. 2d 65 (1976) (law denying civil engineer=s license
to alien unconstitutional); Bernal v. Fainter, 467 U.S. 216, 104 S. Ct. 2312, 81 L. Ed. 2d 175
(1984) (law denying notary public commission to alien unconstitutional); Takahashi v. Fish & Game
Commission, 334 U.S. 410, 68 S. Ct. 1138, 92 L. Ed. 1478 (1948) (law denying commercial
fishing license to persons ineligible for citizenship unconstitutional). As the age of majority is 18
not 21, the age in such section should be 18.
12
   Legal analysis: 1989 Code, § 114.075 PURPOSE. Deleted as obsolete. This purpose section no
longer accurately describes the division since being amended.
13
   Legal analysis: 1989 Code, § 114.081 LICENSE FEE. Revised to provide reference to schedule of
fees (Ord. No. 7718). Table duplicating schedule is removed. Please verify amounts in schedule of
fees is correct.
14
   Legal Analysis: Code 1989, § 114.087. BOND. Please review the fee herein and advise as to
changes necessary to make same current.
15
   Legal analysis: 1989 Code, § 114.088 FEES. Please review the fee herein and advise as to
changes necessary to make same current. Please advise if the fee should be added to the fee
schedule.
.
16
   Legal Analysis: Code 1989, § 114.093 GOODS FROM INTOXICATED PERSONS. Deleted as
obsolete.
17
   Legal analysis: 1989 Code, § 114.101. LICENSE AND FEE. Please review the fee herein and
advise as to changes necessary to make same current. Please advise if the fee should be added to
the fee schedule.
18
  Legal analysis: 1989 Code, § 114.103 . MASSEUR OR MASSEUSE LICENSE; FEE.
 Revised to provide reference to schedule of fees (Ord. No. 7718). Please review the fee herein and
advise as to changes necessary to make same current. Please advise if the fee should be added to
the fee schedule.
19
   Legal Analysis: Code 1989, § 114.114. Application. Deleted reference to social security number
as preempted by federal law.
20
   Legal analysis: 1989 Code, § 114.104 APPLICATION. Revised to provide consistency with
definitions section.
21
   Legal analysis: 1989 Code, § 114.115 et seq. Pawnbrokers . Deleted as preempted by IC 28-7-
5-1 et seq.
22
   Legal Analysis: Code 1989, § 114.130 HEALTH AND ZONING APPROVAL. Please review the
official titles referenced herein and advise as to changes necessary to make same current.
23
   Legal analysis: 1989 Code, § 114.131\. LICENSE FEES. Please review the fee herein and advise
as to changes necessary to make same current. Please advise if the fee should be added to the fee
schedule.
.
                                                                                     Page 112 of 115




24
   Legal analysis: 1989 Code, § 114.136. LOUD NOISES AND SPEAKING DEVICES PROHIBITED.
This regulation would be better served and avoid vagueness charge if a specific distance provision
was added. Please advise.
25
   Legal analysis: 1989 Code, § 114.145 et seq. PEST CONTROL. Deleted as preempted by IC 15-3-
3.6-1 et seq.
26
   Legal analysis: 1989 Code, § 114.160 (A). THEATER LICENSE; FEES. Removed archaic language.
Please review the fee herein and advise as to changes necessary to make same current. Please
advise if the fee should be added to the fee schedule.
27
   Legal Analysis: Code 1989, § 114.164 et seq. If obsolete, delete.
28
   Legal Analysis: Code 1989, § 114.165 ISSUANCE OF OUTDOOR THEATER LICENSE. Revised to
avoid constitutional problems.
29
   Legal analysis: 1989 Code, § 114.166 OUTDOOR THEATER LICENSE FEES. Please review the fee
herein and advise as to changes necessary to make same current. Please advise if the fee should
be added to the fee schedule.
30
  Legal analysis: 1989 Code, § 114.167 TRANSFER OF OUTDOOR THEATER LICENSE. \ Please
review the fee herein and advise as to changes necessary to make same current. Please advise if
the fee should be added to the fee schedule. Also added language to avoid delegation of power
problems.
31
   Legal Analysis: Code 1989, § 114.168 LOCATION, CONSTRUCTION OF OUTDOOR THEATERS.
Deleted subsection B as covered by zoning.
32
   Legal Analysis: Code 1989, § 114.169 SPECIAL POLICEMAN AT OUTDOOR THEATERS. Deleted as
obsolete. If retained, delete subsection (B) as preempted by IC 25-30-1-1 et seq.
33
   Legal analysis: 1989 Code, § 114.170 DANCE HALLS. Please review the fee herein and advise as
to changes necessary to make same current. Please advise if the fee should be added to the fee
schedule.

34
  Legal analysis: 1989 Code, § 114.171 SKATING RINKS. Please review the fee herein and advise
as to changes necessary to make same current. Please advise if the fee should be added to the fee
schedule.

35
  Legal analysis: 1989 Code, § 114.172 CIRCUSES; CARNIVALS. Please review the fee herein and
advise as to changes necessary to make same current. Please advise if the fee should be added to
the fee schedule.


36
  Legal analysis: 1989 Code, § 114.173 JUVENILE RIDING DEVICES. Please review the fee herein
and advise as to changes necessary to make same current. Please advise if the fee should be
added to the fee schedule.

37
  Legal analysis: 1989 Code, § 114.174 SHOOTING GALLERIES. Please review the fee herein and
advise as to changes necessary to make same current. Please advise if the fee should be added to
the fee schedule.



38
  Legal analysis: 1989 Code, § 114.175 BOWLING ALLEYS. Please review the fee herein and advise
as to changes necessary to make same current. Please advise if the fee should be added to the fee
schedule.
                                                                                       Page 113 of 115




39
  Legal analysis: 1989 Code, § 114.176 PROFESSIONAL SPORTING EXHIBITIONS. Please review
the fee herein and advise as to changes necessary to make same current. Please advise if the fee
should be added to the fee schedule.


40
   Legal Analysis: Code 1989, § 114.177 PERMANENT PRIVATELY-OWNED FACILITIES. Altered to
be consistent with zoning ordinance.
41
   Legal analysis: 1989 Code, § 114.178 OBSCENE OR UNSAFE PUBLIC AMUSEMENTS. Deleted as
unconstitutionally vague or preempted by IC 39-43-1-1 et seq..
42
   Legal analysis: 1989 Code, § 114.188 INSURANCE REQUIRED. Please review the amount of
insurance herein and advise as to changes necessary to make same current.
43
   Legal analysis: 1989 Code, § 114.189 FEES. Please review the fee herein and advise as to
changes necessary to make same current. Please advise if the fee should be added to the fee
schedule.

44
   Legal analysis: 1989 Code, §114.196. APPLICATION. Please review the fee herein and advise as
to changes necessary to make same current. Please advise if the fee should be added to the fee
schedule.
45
   Legal analysis: 1989 Code, § 114.197 (A). LICENSES FOR ADDITIONAL LOCATIONS. Please
review the fee herein and advise as to changes necessary to make same current. Please advise if
the fee should be added to the fee schedule.
.
46
  Legal analysis: 1989 Code, § 114.204 LAPSE OF LICENSE; RENEWAL. Please review the fee
herein and advise as to changes necessary to make same current. Please advise if the fee should
be added to the fee schedule.


47
   Legal Analysis: Code 1989, §114.209 EXHAUST EMISSIONS TEST REQUIRED ON USED CARS. If
obsolete. Please review penalty.
48
   Legal analysis: 1989 Code, §114.216 BOARD OF TAXICAB AND LIMOUSINE EXAMINERS. Please
provide the number of members on this board.
49
   Legal analysis: 1989 Code, § 114.219 TAXICAB AND LIMOUSINE FARES. Please advise if these
fees are up-to-date.
50
   Legal Analysis: Code 1989, § 114.221 NONPAYMENT OF TAXICAB FARE. Deleted as preempted
by 35-43-4-1 et seq.
51
   Legal Analysis: Code 1989, § 114.222. Taxicab stands. Please review the official title referenced
herein and advise as to changes necessary to make same current.
52
   Legal analysis: 1989 Code, 114.228 CITY SEALER TO KEEP REGISTER. Please review official title
(City Sealer) and advise as to current designation.
53
   Legal Analysis: Code 1989, § 114.229 TAXICAB AND LIMOUSINE OWNER'S OPERATOR LICENSE.
Please review the official title herein and advise as to changes necessary to make same current,
54
   Legal analysis: 1989 Code, § 114.231 LIABILITY INSURANCE. No property damage insurance is
provided. Please advise as to the correctness of this.
55
   Legal analysis: 1989 Code, § 114.232 OWNER'S OPERATOR LICENSE FEES. Please review the fee
herein and advise as to changes necessary to make same current. Please advise if the fee should
be added to the fee schedule.


56
  Legal analysis: 1989 Code, § 114.237 VEHICLE FOR HIRE LICENSE FEE. Please review the fee
herein and advise as to changes necessary to make same current. Please advise if the fee should
be added to the fee schedule.
                                                                                       Page 114 of 115




57
   Legal analysis: 1989 Code, § 114.238 (B). LICENSE FOR ADDITIONAL VEHICLES. Please advise
if suggested language change is accurate reflection of intent.
58
   Legal analysis: 1989 Code, § 114.246 (A). VEHICLE FOR HIRE DRIVER'S LICENSE APPLICATION.
Please review the fee herein and advise as to changes necessary to make same current. Please
advise if the fee should be added to the fee schedule.


59
  Legal analysis: 1989 Code, § 114.249 LICENSE RENEWAL. Please review the fee herein and
advise as to changes necessary to make same current. Please advise if the fee should be added to
the fee schedule. Please advise if suggested language change is accurate reflection of intent.
60
   Legal analysis: 1989 Code, § 114.254 DRIVER'S BADGE. Please advise if suggested language
change is accurate reflection of intent.
61
   Legal analysis: 1989 Code, § 114.255 EMERGENCY VEHICLE FOR HIRE DRIVERS. Please advise if
suggested language change is accurate reflection of intent.
62
   Legal analysis: 1989 Code, § 114.265 LICENSE REQUIRED. Please review the fee herein and
advise as to changes necessary to make same current. Please advise if the fee should be added to
the fee schedule. Corrected official title. The same is also done in § 114.266.
.
63
   Legal analysis: 1989 Code, Ch. 114, VEHICLE-TOWING OPERATORS. This subchapter (with the
possible exception of insurance) can only apply to nonconsensual towing. See 49 U.S.C. §
14501(c); City of Columbus v. Ours Garage and Wrecker Service, Inc., 536 U.S. 424, 122 S. Ct.
2226, 153 L.Ed.2d 430, (2002). The provisions of Code § 114.279.2 would appear to restrict this
subchapter to nonconsensual towing. While consensual towing is preempted, the federal clearly
does not prohibit the city from making contracts with towing companies for towing services.
The contract would clearly apply whenever the contractor performs towing services for the city,
even the vehicle owner consented to the tow. Therefore, added language restricting the subchapter
to persons operating under contract with the city. While the preemption of regulation of
consensual tows does not extend to safety issues, the better view is the insurance requirements
are not a safety issue, as the present or absence of vehicle insurance does not promote or detract
from safety. While vehicle sign requirements for tow trucks (see Code §§ 114.271, 114.274) are
in IC 24-4-6-1 et seq. (and therefore preempted), the better view would be as the provisions apply
to contractors that such provisions should be retained so as to be a part of the contract.
64
   Legal analysis: 1989 Code, § 114.270 PURPOSE. Deleted as not needed.
65
   Legal analysis: 1989 Code, § 114.279.1 REPORTS. The party responsible for submitting the
monthly report to the City Controller was omitted from Ord. No. 6430. Please advise if replacement
language is correct. Also, please advise if second sentence is related to contractual agreements.
66
   Legal analysis: 1989 Code, § 114.280 et seq. WATERCRAFT. Deleted as preempted by IC 14-15.
(see also IC 14-15-7-3). Material missing in code; took provisions from unadopted proposed code
(1997 edition).
67
   Legal analysis: 1989 Code, § 114.290 LICENSE REQUIRED. Revised to clarify window cleaning
performed on exterior window surfaces. Place advise if assumption was incorrect. If this ordinance
is obsolete.
68
   Legal analysis: 1989 Code, § 114.292 BOND OR INSURANCE POLICY. Please verify whether
these bond and insurance amounts are currently adequate.
69
   Legal analysis: 1989 Code, § 114.293 FEE; ISSUANCE. Revised to provide reference to schedule
of fees (Ord. No. 7718). If city agrees, these amounts should be added to existing schedule, if they
do not appear there already.
70
   Legal Analysis: Code 1989, § 114.310 LICENSE AND REGISTRATION. Deleted state registration
requirement as preempted.
71
   Legal analysis: 1989 Code, § 114.311 REGISTRATION FEE. Please review the fee herein and
                                                                                         Page 115 of 115




 advise as to changes necessary to make same current. Please advise if the fee should be added to
 the fee schedule.
 72
   Legal analysis: 1989 Code, § 114.313 PERMIT FEE. Please review the fee herein and advise as to
 changes necessary to make same current. Please advise if the fee should be added to the fee
 schedule.
 73
    Legal analysis: 1989 Code, § 114.314 BOND. Please verify whether these bond amounts are
 currently adequate.
 74
    Legal analysis: 1989 Code, § 114.315 INSURANCE. Please verify whether these insurance
 amounts are currently adequate.
 75
      Legal Analysis: Ord. No. 7203, § 3. Definitions. Deleted definition of person as covered by the
   revised general provisions chapter.
   76
      Legal analysis: 1989 Code, § 114.403. License Required. Please verify title change is correct.
   77
      Legal Analysis: Ord. No. 7203, § 6. Fees. Please advise whether these fees should be added to
   the fee schedule.
   78
      Legal analysis: 1989 Code, § 114.415. Enforcement. Please review penalty.
79
    Legal analysis: 1989 Code, § 114.416. Applicability of Ordinance to Existing Businesses. Removed
   transitional language.
   80
      Legal analysis: 1989 Code, § 114.999 PENALTY. Please review penalty.

				
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