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ORDINANCE NUMBER 2008-10-3 AN ORDINANCE PROHIBITING DUMPING AT THE PIT WHEREAS, the Town of Winona Lake, Indiana, is the owner of certain real estate located at the East end of Freedom Lane, and used by the Town of Winona Lake and Grace College for depositing yard waste and certain other materials, and sometimes as a holding area for the Town, to transfer property or waste to landfills or other sites which area of land is known as the "Pit", and WHEREAS, there have been people other than the Town who have tried to leave discarded items at or near the "Pit", and WHEREAS, the Town needs to protect the integrity of the Pit and retain the Pit for its use and not to the general public, for health and safety reasons, and WHEREAS, Town Council for the Town of Winona Lake, Indiana, has determined that it should be unlawful for persons other than those specifically authorized by the Town to leave any substance of any nature or to deposit any substance of any nature at the Pit, NOW THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WINONA LAKE AS FOLLOWS: Section 1: Definitions The "Pit" as used in this Ordinance, shall mean that property located at the East end of Freedom Lane, and consisting of approximately ten (10) acres in the Town of Winona Lake, Indiana. Section 2: Depositing at the Pit Unlawful/Prohibited a. It shall be unlawful for any person, firm, corporation, or other entity, to deposit, leave, dump, or otherwise allow to remain, any physical substance of any nature at the Pit, as such acts are hereby prohibited. b. The prohibition of paragraph (a) above, does not apply to the Town of Winona Lake, its employees, designated agents and representatives with authority, in the performance of their duties, and it does not apply to Grace College, and its representatives and authorized agents in the performance of their duties, acting pursuant to and within the bounds of the agreement between the Town of Winona Lake, Indiana, and Grace College with respect to the limitations with respect to use of the Pit. Section 3: Penalty for Violation Any person, firm, corporation, or other entity who violates this Ordinance, shall be subject to a fine of Two Hundred Dollars ($200.00) for each violation, together with the reasonable attorney's fees incurred by the Town in enforcing this Ordinance, provided however, that the fine and attorney's fees shall not exceed more than Two Thousand Five Hundred Dollars ($2,500.00) per violation. Section 4: Clvil Action Preserved Nothing in this Ordinance shall be interpreted to prevent the Town from seeking injunctive relief, or from pursuing any civil remedy available at law to seek relief against or damages from any person, persons or entities trespassing upon or causing damages to the property of the Town or for unlawfully depositing any substance upon the Pit. Section 5: Severability If any part of this Ordinance is determined to be unconstitutional, or Unenforceable, then each and every other part of this Ordinance that is not determined to be Unenforceable or unconstitutional shall remain in full force and effect. Section 6: Effective Date This Ordinance shall be in full force and effect on its adoption and publication as required by Law. Upon a unanimous vote of 5 members, the same being more than 2/3rds of the Town Council, this Ordinance was considered for final passage at its first presentation. Upon motion duly made and seconded, this Ordinance was adopted this 14th day of October, 2008, by a vote of 5 ayes and 0 nays. Winona Lake Town Council: ATTEST: Aretha Hicks, Clerk-Treasurer Town of Winona Lake, Indiana o18
