Chapter 4 - Fees, License and Permits Kentland, Indiana Town Ordinances
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CHAPTER 4
FEES, LICENSE, AND PERMITS

Sec. 4-1 Authority to License.

Sec. 4-2 Application and Fee.

Sec. 4-3 Approval. of Town Board.

Sec. 4-4 Duration of License, Display Required.

Sec. 4-5 Issuance, Revocation or Suspension.

Sec. 4-6 Chart on License/Permit Fee.

Sec. 4-7 Reserved for Future Use.

Sec. 4-8 Reserved for Future Use.

Sec. 4-9 Reserved for Future Use.

Sec. 4-10 Reserved for Future Use.

Sec.  4-11 - 4-14 Reserved for Future Use.

Sec. 4-15 Dog Licensing.

Sec. 4-16 Reserved for Future Use.

Sec. 4-17 Door to Door Salesman, Peddlers, Solicitors, Merchants.

Sec. 4-18 - 4-20 Reserved for Future Use.

Sec. 4-21 Liquor Retailers Permits.

Sec. 4-22 -4-25 Reserved for Future Use.

Sec. 4-26 Parades, Carnivals, or Circuses.

Sec. 4-27- 4-35 Reserved for Future Use.

Sec. 4-36 Special Sales.

Sec. 4-37 Traffic Accident Reports.

Sec. 4-38- 4-40 Reserved for Future Use.

Sec. 4-41 Cable Television

 

CHAPTER 4 - FEES, LICENSES, AND PERMITS

Article 1 General Provisions

 

Sec. 4-1 Authority to License.

The Town has the authority to impose a license fee for reasonably related to the administrative cost of exercising such regulating power1

Sec. 4-2 Application and Fee.

(a) All applications for a permit or license under this Chapter shall be referred by the Town Clerk-Treasurer to the Town Board of Trustees.

(b) Complete applications shall be accompanied by a Two Dollar ($2.00) application fee.

Sec. 4-3 Approval of Town Board.

(a) All applications for a permit or license under this Chapter shall be referred by the Town Clerk-Treasurer to the Town Board of Trustees.

(b) After examination, the Town Board of Trustees shall grant such permit or license at the next regular meeting, unless good cause be sh6wn why said permit or license should not be granted.

Sec. 4-4 Duration of License, Display Required.

(a) All licenses issued under this chapter, unless specified otherwise on the license, shall be issued for the duration of the calendar year for which they were issued, and shall expire on December 3lst.

(b) Every person who is issued a license under the provisions of the licensed activity is being conducted, or if there are no premises shall carry the license while engaged in the activity for which he has been licensed, and shall exhibit it to any Town official or citizen upon request.

Sec. 4-5 Issuance, Revocation or Suspension.

(a) The Clerk-Treasurer shall issue licenses upon payment of the license fees and compliance with the applicable provisions of this Code and Town Board approval.2

(b) Licenses issued by the Town may be revoked or suspended if the person holding the license has violated the terms or conditions of the license or the law under which it was issued, or has conducted the business in such a manner as to constitute a threat to public health, safety, or general welfare of the Town citizens.

Sec. 4-6 Chart on License/Permit Fees.

Activity Fee Code Section
Carnival $100.00 per day 4-26
Circus $100.00 per day 4-26
Dog License Set by Township Trustee 4-15
Door to Door Salesman $2.00 per day 4-17
Itinerant Merchant $2.00 per day 4-17
Parades No Fee 4-26
Peddlers $2.00 per day 4-17
Solicitors $2.00 per day 4-17
Special Sales $10.00 per day 4-36
Traffic Accident Report $3.00 4-37

Article 2 Specific Licensing Procedures

Sec. 4-7 Reserved for Future Use

Sec. 4-8     Reserved for Future Use

Sec. 4-9 Reserved for Future Use

Sec. 4-10 Reserved for Future Use

Sec. 4-11 Reserved for Future Use

Sec. 4-12 Reserved for Future Use

Sec. 4-13 Reserved for Future Use

Sec. 4-14 Reserved for Future Use

 

Sec. 4-15 Dog Licensing. May 1989

(a) Registration Required

All persons owning or having in their possession a dog or dogs shall register with the Township Trustee for the current year tax and license the same in accordance with the laws of the State of Indiana. All animals shall be properly inoculated as required by State Law.

(b) Restraint Required

All dogs and other such animals that may at times be allowed outside the home and/or cage shall be restrained within the confines of the property owner or of such person who may be caring for the animal in the absence of the owner, with the owner's permission.

(c) Running-at-Large

Any dogs running at large within the Town may be restrained by rope, by tranquilizer gun, by snare, or other humane means by the County Dog Catcher.

(d) Impoundment

If the dog is not properly tagged and licensed, the dog may be removed to the Newton County Pound at the Highway Garage in Morocco, Indiana, and held or disposed of, as by law provided. The owner, if known, will be notified accordingly that the dog has been impounded.

(e) Notice

If said dogs are tagged, the County Dog Catcher will contact the owner in person or by mail about the proper care of the animal and may issue a warning ticket if the animal has been a nuisance.

(f) Nuisance

Any dogs that have created a nuisance in the Town may be pursued onto the owner's property to be restrained and or impounded.

(g) Penalty

Any dog or dogs, properly tagged, that run at large after the owner has been contacted and issued a warning ticket will be determined to be a continuing nuisance, and the owner will receive a ticket resulting in a fine of Ten Dollars ($10.00). The ticket will be handled through the Small Claims Court of Newton County, and the animal owner will be responsible for the fine, plus the court costs incurred.

Sec. 4-16 Reserved for Future Use.

 

Sec. 4-17 Door to Door Salesmen, Peddlers, Solicitors, Merchants.

(a) Registration and License Required.

It shall be unlawful for any person including but not limited to person who are commonly referred to as door to door salesmen, peddlers, solicitors, hawkers, itinerant or transient merchants, to solicit for the sale of, offer for sale or sell from house to house or by telephone, or upon the public streets, within the corporate limits of the Town of Kentland, Indiana, any goods, wares, merchandise whatsoever or subscriptions to any kind of publication, without first having registered with the Clerk-Treasurer or Town Marshal of Kentland, Indiana. Registration shall be by filing an application in duplicate with the Clerk-Treasurer or Town Marshal.

(b) Application.

The application shall contain the following information and provisions:

1. Name, Height, Weight, Color or Hair, Age, and Sex

2. Permanent and Local Address.

3. Name of Firm Represented, its address, and telephone number.

4. Solicitor s immediate manager or supervisor and their address.

5. Location where the business will be conducted and what length of time.

6. The nature of the business, the character of any goods, wares or merchandise to be sold.

7. Listing whether sales are to be from stock in possession or future deliveries.

8. An affirmation that all conduct will be in an orderly and lawful manner; that written receipts will be given for all orders taken; and that registration certificate will be presented on demand.

9. The application signature and verification of the application. The form of the application shall be as follows:

APPLICATION FOR SOLICITOR' S LICENSE

  Kentland, Indiana
  _________________________, 19____
1. Name __________________________________ Age ________ Sex _________
Height ______________ Weight _______________ Color of Hair ___________
   
2. Permanent Address  
Local Address  
   
3. Name of Firm Represented  
Address of Firm  
Telephone Number  
   
4. Solicitor's Immediate Manager or Supervisor  
   
5. Where will the business be conducted and what length of time.  
Where __________________ Time ____________________
6. Nature of the business  
The character of goods, wares, or merchandise to be sold.
   
7. Are all sales to be from stock in possession or future delivery  
8. I hereby affirm that I will conduct all solicitations in an orderly and lawful manner; that written receipts will be given for all orders taken; and that registration certificate will be presented on demand.
Affirm  
     
    Applicant
State of Indiana, County of ______________, SS:
   
   
 
 
   
Subscribed and sworn to before me this _____ day of ________________, 19____.
   
   
  Notary Public
My Commission Expires:  

APPROVAL OF TOWN BOARD OF TRIJSTEES

I, the undersigned President of the Town Board of Trustees of Kentland, Indiana authorize the Clerk-Treasurer to approve the above application for solicitor's license. The Clerk-Treasurer shall acknowledge that the application fee of Two Dollars ($2.00) has been paid; and that a signed copy of this application has been returned to the solicitor to be carried during solicitation.

Approved __________________, 19_____.

__________________________________________
President, Town Board of Trustees

__________________________________________
Clerk-Treasurer

 

(c) Board Review. The Town Board of Trustees shall review each completed application for solicitor's license. If the Board finds the application to be in compliance with the requirements of this Code, it shall direct the Clerk-Treasurer to issue the same upon payment of the licensing fee.

(d) License Fee. The Clerk-Treasurer or Town Marshal shall note upon the solicitor's application when it has been approved. Upon approval a fee of Two Dollars ($2.00) per day shall be paid to the Town of Kentland. The original shall be retained by the Town and the copy shall be returned to the solicitor.

(e) Violations. Any person violating any of the provisions of this or making any false statements or misrepresentations of fact for the purpose of obtaining permission to solicit orders shall, upon conviction thereof, and in addition to other penalties provided by law, be subject to a fine not to exceed Twenty-five Dollars ($25.00).

(f) Time Restriction.
Under no circumstances shall there be solicitations done after 7 p.m.
(Ord. No. 72-3, April 3, 1972)

 

Sec. 4-18 -4-20 Reserved for Future Use

 

Sec. 4-21 Liquor Retailers Permits.

Liquor Retailers Permits may be issued to applicants otherwise duly qualified and as defined by he applicable laws of the State of Indiana, and consent to such bureaus, and departments of the State of Indiana is granted in respect to premises located within the boundaries of the Town of Kentland.
(Ord.___ March 27, 1935)

 

Sec. 4-22. -4-25 Reserved for Future Use

 

Sec. 4-26 Parades, Carnivals, or Circuses.

(a) License Required. Any person or group of persons desiring to conduct a parade, circus, carnival, or other similar event within the Town shall first file an application with the Clerk-Treasurer.

b) Application. The applicant shall list the name and address of the organization sponsoring the event, the proposed date(s) and location(s), the hours of operation, and procedures to be used for maintaining order, keeping the site clean and free of trash, papers or other debris, and parking and restroom facilities available.

(c) Board Review; Insurance. The application shall be referred to the Town Board of Trustees for review and recommendation. The Town Board may require the applicant to file a certificate of insurance indicating that there is in effect public liability insurance covering any damages arising out of the use and operation of any and all devices and facilities operated in connection with a carnival or circus. Such insurance, if required, shall be in the minimum amount of $100,000 for each person, and $300,000 for each incident, and shall contain a clause holding the Town of Kentland harmless from any liability.

(d) License Fee, Issuance. Upon the approval of the application by the Town Board of Trustees, the Clerk-Treasurer shall issue a license upon payment of the proper license fee:

Parade                          No fee
Carnival or Circus     $100.00 (per day of operation)

 

Sec. 4-27 - 4-35 Reserved for Future Use

 

Sec. 4-36 Special Sales.

(a) License Required. It shall be unlawful for any person, firm, or corporation to offer for sale any kind of goods, wares, or merchandise of whatever nature denominated as "Bankrupt Sales", "Fire Sales", "Assignors Sales", or by any other term for the purpose of attracting trade while temporarily located within the Town, without first obtaining a license to do so.

(b) Application. The applicant shall file. a completed application with the Clerk-Treasure and shall include the name and address of the applicant, location of proposed sale, date(s) of proposed sale, and other related information deemed necessary.

(c) Board Review. The Town Board of Trustees shall review completed applications. Upon the Board's approval, the Clerk-Treasurer shall issue a license upon payment of the license fee.

(d) License Fee. The license fee shall be Ten Dollars ($10.00) per day for each day such goods are offered for sale.
(Ord. 85)

 

Sec. 4-37 Traffic Accident Reports.

The Town Board of Trustees establishes the fee collected by the Kentland for furnishing traffic accident reports at three dollars ($3.00)
(Ord. 8l-l0-12)

 

Sec. 4-38-4-40 Reserved for Future Use.

 

Article 3 Franchise Agreements

Sec. 4-41 Cable Television.

(a) The Town may enter into a written agreement with a cable television company to serve the Town.

(b) Such agreements shall be binding on the parties as to the rental amounts, safety requirements, inspections, indemnification, bond requirements, and other related areas.

(c) Such agreements upon approval of an appropriate ordinance by the Town Board of Trustees shall be kept on file in the Clerk-Treasurer's office.
(Ord. No. 66-6)

 

1 I.C. 36-1-3-8(5) provides Towns with such licensing Power.

2 I.C. 36-5-6-6(6) authorizes the Clerk-Treasurer to issue licenses.

3 I.C. 35-5-4-11 addresses license revocations or suspensions.