Chapter 16
OFFENSES AND MISCELLANEOUS PROVISIONS

Art. I. In General, 16-1 - 16-15

Art. II. Parades, Assemblages, Pickets, 16-16 - 16-26

Art. III Alarm Systems 16-29 - 16-37

Art. IV Consumer Fireworks 16-40 - 16-42

ARTICLE I. IN GENERAL

Sec. 16-1. Discharging Firearms Prohibited.

     1.  By a law enforcement officer commissioned by the State of Indiana or the United States of American; or

     2.  When located within a qualified practice facility by a person of proper age.

B.  A "qualified practice facility" shall mean a place that;

     1.  Has secured a use variance from the Board of Zoning Appeals pursuant to I.C. 36-7-4-900, et seq. , and complies in all other ways with the Code;

     2.  Is located within a fully enclosed building or structure specifically designed for the safe containment of projectiles and the abatement of noise;

     3.  Compiles with all Occupational, Health and Safety Administration (OSHA) rules and regulations concerning lead exposure; and

     4.  Complies with any and all applicable Federal, State and local statutes, ordinances, rules, regulations and laws.

C.  A "person of proper age" shall mean a person who is at least eighteen (18) years of age unless under the direct supervision of a person who is at least eighteen (18) years of age.

Sec. 16-2. Hand gun license application fee.
The Town establishes the following handgun license application fees:

Four (4) year handgun license: Ten dollars ($10.00), five dollars ($5.00) of which shall be refunded if the license is not issued.

Lifetime handgun license (no current valid Indiana handgun license): Fifty dollars ($50.00), thirty dollars ($30.00) of which shall be refunded if the license is not issued.

Lifetime handgun license (current valid Indiana handgun license): Forty dollars ($40.00), thirty dollars ($30.00) of which shall be refunded if the license is not issued.

The application fees shall be deposited in a Law Enforcement Continuing Education Fund, to be used for law enforcement training duties.

Secs. 16-3 - 16-15. Reserved.

ARTICLE II. PARADES, ASSEMBLAGES, PICKETS

Sec. 16-16. Definition.
As used in this article the term "parade" shall mean any parade, march, ceremony, show, exhibition, pageant, or procession of any kind, or any similar display, in or upon any street, park or other public place in this Town.

Sec. 16-17. Permit - Required.
No person shall engage in, participate in, aid, form or start any parade, unless a parade permit shall have been obtained from the Chief of Police.

Sec. 16-18. Same - Application.

B.  The application for a parade permit shall set forth the following information:

     1.  The name, address and telephone number of the person seeking to conduct such parade;

     2.  If the parade is proposed to be conducted for, on behalf of, or by an organization, the name, address and telephone number of the headquarters of the organization, and of the authorized and responsible heads of such organization;

     3.  The name, address and telephone number of the person who will be the parade chairman and who will be responsible for its conduct;

     4.  The date when the parade is to be conducted;

     5.  The route to be traveled, the starting point and the termination point;

     6.  The approximate number of person who, and animals and vehicles which, will constitute such parade; the type of animals, and description of the vehicles;

     7.  The hours when such parade will start and terminate;

     8.  A statement as to whether the parade will occupy all or only a portion of the width of the streets proposed to be traversed;

     9.  The location by streets of any assembly areas for such parade;

     10.  The time at which units of the parade will begin to assemble at any such assembly area or areas;

     11.  The interval of space to be maintained between units of such parade;

     12.  If the parade is designed to be held by, and on behalf of or for, any person other than the applicant, the applicant for such permit shall file with the Chief of Police a communication in writing from the person proposing to hold the parade, authorizing the applicant to apply for the permit on his behalf;

     13.  Any additional information that the Chief of Police shall find reasonably necessary to a fair determination as to whether a permit should issue.

C.  The Chief of Police, where good cause is shown therefore, shall have the authority to consider any application hereunder which is filed less than ten (10) days before the date such parade is proposed to be conducted.

D.  It is the policy of the Town that the Chief of Police shall consider applications filed hereunder on less than 10 days notice so long as the application is complete, meets the standards for issuance of 16-19, and the Chief of Police has a reasonable opportunity to review the application prior to the parade.

Sec. 16-19. Same - Standards for issuance.

The Chief of Police shall issue a permit as provided for hereunder when, from a consideration of the application and from such other information as may otherwise be obtained finds that:

B.  The conduct of the parade will not require the diversion of so great a number of Police Officers of this Town to properly police the line of movement and the areas contiguous thereto as to prevent normal Police protection to this Town;

C.  The conduct of such parade will not require the diversion of so great a number of ambulances as to prevent normal ambulance service to portions of this Town other than that to be occupied by the proposed line of march and areas contiguous thereto;

D.  The concentration of persons, animals and vehicles at assembly points of the parade will not unduly interfere with proper Fire and Police protection of, or ambulance service to, areas contiguous to such assembly areas;

E.  The conduct of such parade will not interfere with the movement of fire-fighting equipment en route to a fire;

F.  The conduct of the parade is not reasonably likely to cause injury to persons or property, to provoke disorderly conduct or create a disturbance;

G.  The parade is scheduled to move from its point of origin to its point of termination expeditiously and without reasonable delays en route;

H.  The parade is not being held for the sole purpose of advertising any product, cause, goods or event and is not designed to be held purely for private profit.

No such permit, however shall be granted unless bond in such amount as determined by the Chief has first been filed with the Town as security for the payment of any damages or injury which may occur as the result of the parade; provided, however, that for cause shown the Chief may waive the requirement of such bond.

Sec. 16-20. Same - Notice of denial.

If the Chief of Police disapproves the application for a parade permit, he shall mail to the applicant within two (2) days after the date upon which the application was filed, a notice of his action.

Sec. 16-21. Same - Alternative.
The Chief of Police, in denying an application for a parade permit, shall be empowered to authorize the conduct of the parade on a date, at a time, or over a route different from that named by the applicant. An applicant desiring to accept an alternate permit shall, within four (4) days after notice of the action of the Chief of Police, file a written notice of acceptance with the Chief of Police. An alternate parade permit shall conform to the requirements of, and shall have the effect of a parade permit under, this article.

Sec. 16-22. Same - Contents.
Each parade permit shall state the following information:

B.  Minimum speed;

C.  Maximum speed;

D.  Maximum interval of space to be maintained between the units of the parade;

E.  The portions of the streets to be traversed that may be occupied by the parade;

F.  The maximum length of the parade in miles of fractions thereof;

G.  Such other information as the Chief of Police shall find necessary to the enforcement of this article.

Sec. 16-23. Same - Revocation.
The Chief of Police shall have the authority to revoke a parade permit issued hereunder upon a determination that the applicant or proposed parade no longer meets one or more of the standards for issuance as set forth in this article.

Sec. 16-24. Same - Possession.
The parade chairman or other person heading or leading such activity shall carry the parade permit upon his person during the conduct of the parade.

Sec. 16-25. Compliance with permit, laws, etc., required.
A permittee under this article shall comply with all permit directions and conditions and with all applicable laws and ordinances.

Sec. 16-28. Exceptions.
This article shall not apply to:

B.  Students going to and from school classes or participating in educational activities, providing such conduct is under the immediate direction and supervision of the proper school authorities;

C.  A governmental agency acting within the scope of its functions.

ARTICLE III. ALARM SYSTEMS

Sec. 16-29. Definitions.
The following definitions shall be applicable for the purposes of this Article.

B.  Alarm Equipment Supplier: Any person, firm or corporation that sells, leases or installs automatic protection devices or signaling devices that transmit alarms upon receipt of a stimulus from a detection apparatus or manually operated system.

C.  Alarm System: An assembly of equipment and devices such as a solid-state unit, arranged to signal the presence of a hazard requiring urgent attention and to which Police or Fire Department is expected to respond.

D.  Alarm User: Any person on whose premises an alarm system is maintained within the Town of Chesterton except for alarm systems on motor vehicles. Also included are those systems that employ an audible signal emitting sounds or a flashing light or beacon designed to alert or signal persons outside the premises.

E.  Central Station: A facility whose prime purpose is to monitor incoming alarm signals 24 hours a day and relay the signal information to the appropriate authorities.

F.  Direct Line: A telephone line leading directly into the communications center of the Police Department that is for use only to report signals on a person-to-person basis.

G.  False Alarms: The activation of an alarm system caused by improper operation, negligence of the owner or lessee or its employee or agent or equipment malfunction; provided, however, that the term "false alarm" shall not include alarm activation caused by violent conditions of nature or other extraordinary circumstances not reasonably subject to control by an alarm user or alarm equipment supplier.

H.  Local Alarms: A signaling system which, when activated, causes an audible and/or visual signaling device to be activated in or on the premises within which the system is installed.

I.  Person: Any individual, partnership, corporation, association, or society, but such term does not include the Town of Chesterton.

J.  Police Chief: The Chief of the Police Department of the Town of Chesterton, or his authorized representative or designee.

K.  Public Trunk Line: A telephone line leading into the communications center of the Police Department that is for the purpose of handling emergency and administrative calls on a person-to-person basis.

L.  Signaling Device: An electrically operated instrument that automatically sends visual and/or audible signals to be registered by indicators at a monitor panel at the receiving terminal, or central station.

M.  Town: Town of Chesterton

Sec. 16-30. Permitted Devices

B.  With the exception of local alarms, only signaling devices shall be permitted to be installed in the Town for the purpose of reporting any robbery, burglary, fire or other emergency to the Police Department of the Town.

Sec. 16-31. Automatic Telephone Dialing Systems Prohibited.

B.  The Police Chief or his designee, upon becoming aware of an automatic telephone dialing system installed or operated in violation of this section, shall order, in writing, the owner, operator or lessee to disconnect and cease operation of the system within 72 hours of receipt of the order.

C.  Any automatic telephone dialing system installed prior to the effective date of this Article shall be removed within 30 days of the effective date of this Article.

Sec. 16-32. Monitoring System.
The Metropolitan Board of Police Commissioners of the Town of Chesterton is authorized to contract for and maintain the installation of a uniform monitoring system (Board) to receive visual and audible signals over direct lines.

Sec. 16-33. Inspection.
The Chief of Police shall have the right to inspect, at reasonable times, any alarm system on the premises where it is intended to be used to determine whether it is being used in conformity with the provisions of this Article.

Sec. 16-34. Local Alarms.
Local alarms with any externally audible alert shall not make a sound similar to that of Civil Defense warning systems, and such alarms in residential districts must have an automatic cutoff after fifteen (15) minutes of sounding.

Sec. 16-35. Testing of Equipment.

B.  Failure to notify the Police Department prior to testing an alarm system shall constitute a false alarm and shall be subject to the penalty provisions under this Article.

Sec. 16-36. Disconnection.

B.  Any person affected by the Police Chief's order to disconnect an alarm system shall have the right to request the Board of Metropolitan Police Commissioners to review the decision or action taken by the Police Chief by requesting review in writing within ten (10) days after any adverse action or decision has been made by the Police Chief. The Board may affirm, modify or reverse any decision made by the Police Chief.

C.  In the event the Town finds it necessary to order an alarm system disconnected, the Town shall incur no liability by such action to the extent allowed by law.

Sec. 16-37. Violations and Penalties.
No alarm user may have more than two (2) false alarms in any calendar month. Each additional false alarm shall constitute a violation of this Article and shall result in a fine of $50.00 and shall be prosecuted in accordance with the Ordinance Violations Bureau. In the event the fine is not paid within thirty (30) days from the offense, the matter shall be filed with a Court of competent jurisdiction and the general penalty provisions of the Code found at section 1-9 shall apply. All amounts collected pursuant to this section shall be deposited in the Town General Fund. Any alarm person, firm or corporation who violates, disobeys, omits, neglects, or refuses to comply with, or who resists enforcement of any other provisions of this Article shall be subject enforcement in a Court of competent jurisdiction in accordance with the General Penalty Provisions of Town Code found at 1-9.

ARTICLE IV. CONSUMER FIREWORKS

Sec. 16-40. 
The terms "Consumer Firework" and "Firework" shall have the meaning set forth in I.C. 22-11-14-1 as the same may be amended from time to time.  Two copies of I.C. 22-11-14-1 are on file in the office of the Chesterton Clerk Treasurer for inspection by the public.

Sec. 16-41. 
The use, ignition or discharge of consumer fireworks, with the corporate limits of the Town of Chesterton shall be unlawful and in violation of this Article at any time with the exception of the following:

A.  Within the hours of 5 p.m. and two hours after sunset on June 29, June 30, July 1, July 2, July 3, July 5, July 6, July 7, July 8, and July 9 in any year;

B.  Between the hours of 10 a.m. and 12 midnight on July 4;

C.  Between the hours of 10 a.m. on December 31 and 1 a.m. on January 1 in any given year.

Sec. 16-42. Violations and Penalties.
NA first violations of this Ordinance shall subject the offender to a One Hundred Dollar ($100.00) fine before the Chesterton Violations Bureau.  Any subsequent violations of this Ordinance shall subject the offender to the General Penalty Provisions found in Section 1-9 of the Chesterton Town Code.