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AN ORDINANCE CONTROLLING THE DISCHARGE OF FIREARMS ON LAKE FREEMAN INCLUDING AREAS ADJACENT TO THE CITY OF MONTICELLO

WHEREAS, Indiana Code 36-1-3-5 reserves to counties the authority to exercise any power needed for the effective operation of government as to local affairs which is not expressly denied by the Indiana Constitution or by statute; and which is not expressly granted to another entity; and,

WHEREAS, Indiana Code 36-8-2-4 grants counties the authority to regulate conduct, or use or possession of property, that might endanger the public health, safety, or welfare; and,

WHEREAS, the Commissioners of White County believe it to be in the public interest and of benefit to the public health, safety and welfare of the citizens of White County to regulate the discharge of firearms within certain populous areas within White County.

NOW, THEREFORE, BE HEREBY ORDAINED BY THE BOARD OF COMMISSIONERS OF WHITE COUNTY, INDIANA, AS FOLLOWS:

  1. It shall be unlawful to discharge a firearm of any kind including, but not limited to, handguns, rifles and shotguns, on, from, or across the water of Lake Freeman and the Tippecanoe River or within a strip of land measuring fifty (50) feet from the water’s edge on the bank of said water commencing at Norway Dam in White County, Indiana, and extending to the southern edge of the Highway 421/39 bridge extending over said Tippecanoe River/Lake Freeman in White County, Indiana.

  1. Any person violating any provision of this Ordinance shall be subject to a fine of up to One thousand Dollars ($1,000.00). For purposes of this Ordinance, each separate discharge of any firearm shall be considered a separate violation of this Ordinance and subject to a separate fine for violation thereof.

  1. The invalidity of any section, clause, sentence or provision of this Ordinance shall not effect the validity of any other part of this Ordinance.

  1. This Ordinance shall be in full force and effect from and after its passage as provided by law.

PASSED AND ORDAINED on this _____ day of September 2004 by the Board of Commissioners of White County, Indiana.

BOARD OF COMMISSIONERS, WHITE COUNTY, INDIANA

___________________________ ___________________________ ___________________________

John C. Heimlich, President Ronald Schmierer, Vice President O.D. “Bud” Ferguson, Member

ATTEST: ______________________________

Mary Jo Pool, White County Auditor