Parking Schedule Ordinance
On January 12, 2017, the Town of Shipshewana passed ordinance number IV-A-1-a(33), an ordinance updating the Town’s parking schedules. This ordinance amends Chapter 72 of the Town Code to prohibit parking in the following locations and times: on the west side of Morton Street, from Depot to North Street; on the east side of Talmadge Street between 12/1 and 3/31 of any given winter and at other times when snow has accumulated; in Town parks overnight; the Town Hall parking lot from 6a.m. to 9p.m. Violations are subject to Town Code § 70.99, unchanged, which include fines up to $2,500.
Miscellaneous Traffic Ordinance
On January 12, 2017, the Town of Shipshewana passed ordinance number IV-A-1-a(34), an ordinance creating certain traffic and sidewalk restrictions. This ordinance amends Chapters 70 and 94 of the Town Code. Through-traffic for large vehicles of three or more axles has been restricted to the following streets only, absent a special detour: Main St., Depot St., Middlebury St., Van Buren St., N. Village Dr., Farver St., S. Morton St., and North St. Old language concerning weight limits has been repealed. Section 70.13 of the Town Code was amended to enjoin people to obey applicable traffic and parking signs. Finally, section 94.47 of the Town Code was amended to clarify sidewalk clearance obligations. While, in general, the restrictions of the Town were loosened, those within 1,000 feet of a school must still clear snow, ice, and other hazardous elements from sidewalks once a day when applicable, and furthermore, those in the area bordered by W. Middlebury St., N. Van Buren St., Morton St., and Depot St., on either side of those streets, must ensure that the sidewalk in front of their lots remains free of the same elements from 8 a.m. to 6 p.m.. Violations of each of the above sections are subject to Town Code § 70.99, unchanged, which include fines up to $2,500.
On February 23, 2017, the Town of Shipshewana passed ordinance number IV-D-1-b(1), an ordinance on Carriages for Hire. This ordinance adds a new section to the Town Code that establishes a Carriage Committee to regulate the licensing of all carriages used for the commercial transportation of persons. The definition of carriage is very broad, encompassing many types of pulled vehicles or other devices. This comprehensive carriage ordinance covers requirements for carriage construction and operation, animal care, licensing protocols and fees, Committee powers and duties, insurance requirements, violations, penalties, and appeals. In short, anyone transporting others in a carriage as part of a business transaction will need to become familiar with this ordinance’s provisions. Any violator of the ordinance will be liable for daily fines and Town costs during noncompliance and any license previously issued to him or her may be suspended or revoked.
The Fees, Violations, and Penalties sections are published in their entirety below. The full ordinance is available for review at the Clerk-Treasurer’s office and will soon be posted to the Town’s website, https://shipshewanagov.wpengine.com/.
Registration and License Fees. The registration and license fees for a carriage business under this section shall be paid during the application process as follows:
- The application and initial business registration fee shall be Two Hundred Dollars ($200.00).
- The application and renewal business registration fee shall be Two Hundred Dollars ($200.00).
- Additionally, each carriage licensed shall be charged a license fee of Fifty Dollars ($50.00).
Violations and Penalties; Suspension, Revocation, and Hearings.
- It is a violation for any person to operate a carriage business in the Town:
- without first procuring a license under this section;
- after revocation or suspension of a license under this section if that revocation or suspension order has not been cancelled;
- in violation of any lawful order of the Committee concerning this section; or
- in violation of any provision under this section.
- The Committee or its authorized agent may, upon complaint of any person or upon its own motion, cite and, with at least one-week’s notice, require any licensee to appear before the Committee at such times as the Committee may determine. The Committee shall, at the time and place fixed in the citation, proceed to summarily have the licensee to show cause as to why its license should not be revoked or suspended for having committed a violation. Once the Committee determines the merits of the complaints, it shall make such orders in writing as shall be found necessary to fashion an appropriate remedy or response.
- If the Committee should determine that a licensee or driver has committed a violation after previously having determined that the licensee or driver had already committed the same violation within the past two years, the licensee shall be subject to a fine of not more than Fifty Dollars ($50.00) per day for each violation, plus court costs and attorney fees, in addition to any costs incurred by the Town in taking appropriate measures to remedy the violation which shall include injunctive relief when appropriate. Each day any violation shall continue shall constitute a separate offense.
- In addition to assessing the fine herein provided, the Committee may suspend the business’s license for a period not to exceed six (6) months, or revoke it entirely if it determines the licensee’s violation(s) to be excessive or grave. If a suspension period would endure past the expiration date of any such license, the Committee may withhold approval of any new business license to that licensee pending the running of a suspension.