Title IX

Police Department

 

Chapter 1: Police Department

 

9-101                                                      Town Marshal’s Salary

9-102                                                      Town Marshal’s Term

9-103                                                      Town Marshal’s Bond

9-104                                                      Appointment of Deputy Marshals

9-105                                                      Deputy Marshal’s Salaries

9-106                                                      Deputy Marshal’s Terms

9-107                                                      Deputy Marshal’s Bonds

Chapter 2:  Parades

 

9-201                                                   Definitions

9-202                                                   Permits

9-203                                                   Commercial Purpose Prohibited

9-204                                                   Interference with Parade Prohibited

9-205                                                   Application for Permit

9-206                                                   Issuance or Denial of Permit

9-207                                                   Appeal Procedures

9-208                                                   Officials to be Notified

9-209                                                   Penalty

 

Chapter 3:  Solicitor’s Permit and Door to Door Vendors

 

9-301                                                   Definitions

9-302                                                   Licensing

9-303                                                   Restrictions on License/Door to Door Solicitation

9-304                                                   License Revocation or Denial

9-305                                                   Penalties

9-306                                                   Severability Clause

9-307                                                   Effect and Scope


 

Chapter 1: Police Department

 

9-101      Town Marshal’s Salary. The Marshal of the Town of New Whiteland shall be paid a yearly salary to be fixed from time to time by the Board of Trustees.

9-102      Town Marshal’s Term. The Marshal of the Town of New Whiteland shall serve, upon his appointment, at the pleasure of the Board of Trustees.

9-103      Town Marshal’s Bond. The Marshal of the Town of New Whiteland shall give bond payable to the State of Indiana, with surety to be approved and the cost of bond paid by the Board of Trustees, in the sum of five thousand dollars.

9-104      Appointment of Deputy Marshals. The Town Marshal may recommend to the Board of Trustees the names of persons to be appointed by the Board of Trustees as deputy Marshals. The Board of Trustees may appoint as many deputy marshals as if feels necessary for the safety and welfare of the Town.

9-105      Deputy Marshal’s Salaries. The deputy marshals shall be paid a yearly salary to be fixed from time to time by the Board of Trustees.

9-106      Deputy Marshal’s Terms. The deputy marshals shall serve at the pleasure of the Board of Trustees.

9-107      Deputy Marshal’s Bond. The deputy marshals shall give bond payable to the State of Indiana, with surety to be approved by and the cost of bond paid by the Board of Trustees, in the sum of five thousand dollars.

9-108      Ordinance Enforcement. The Marshal and Deputy Marshals are charged with the duty of enforcing ordinances of the Town of New Whiteland.

Chapter II:  Parades

9-201   Definitions. 

            a.  Motorcade:  An organized procession containing twenty-five or more vehicle, except funeral processions, upon any public street, sidewalk or alley

            b.  Parade:  Any march or procession consisting of people, animals or vehicles, or combination thereof, except funeral processions, upon any public street, sidewalk or alley, which does not comply with normal and usual traffic regulations or controls.

9-202  Permits:  It shall be unlawful for any person to conduct a parade or motorcade in or upon any public street, sidewalk or alley in the city or knowlingly participate in any parade or motorcade unless and until a permit to conduct the parade or motorcade has been obtained for the Chief of Police, or, as hereinafter provide, from the Town Council.

9-203  Commercial Purpose Prohibited.  No permit shall be issued authorizing the conduct of a parade or motorcade which the Chief of Police finds is proposed to be held for the sole purpose of advertising any product, goods, wares, merchandise or event, and is designed to be held purely for private profit.

9-204  Interference with Parade ProhibitedNo person shall knowingly join or participate in any parade or motorcade conducted under permit from the chief of police in violation of any of the terms of the permit, nor knowingly join or participate in any permitted parade or motorcade with the consent and over the objection of the permittee, nor in any manner interfere with its progress or orderly conduct.

9-205  Application for Permit.  Any person who wants to conduct a parade or motorcade shall apply to the chief of police for a permit at least thirty days in advance of the date of the proposed parade or motorcade.  The chief of police may, in his or her discretion, consider any application for a permit to conduct a parade or motorcade which if filed less than thirty days prior to the date the parade or motorcade is to be conducted.  The application for the permit shall be made in writing on a form approved by the chief of police.  In order that adequate arrangements may be made for the proper policing of the parade or motorcade, the application shall contain the following information at a minimum:

            a.  The name of the applicant, the sponsoring organization, the parade or motorcade chairperson and the addresses and telephone numbers of each;

            b.  The purpose of the parade or motorcade, the date when it is proposed to b3 conducted, the location of the assembly area, the location of the disbanding area, route to be traveled and the approximate time when the parade or motorcade will assemble, start and terminate;

            c.  A description of the individual floats, marching units, vehicles, bands, including a description of any sound amplification equipment to be used; and

            d.  Other information as the chief of police may deem reasonably necessary.

9-206 Issuance or Denial of Permit. 

The chief of police shall issue a parade or motorcade permit conditioned upon the applicant’s written agreement to comply with the terms of the permit unless the chief of police finds that:

            a.  The time, route and size of the parade or motorcade will disrupt, to an unreasonable extent, the movement of other traffic;

            b.  The parade or motorcade is of a size or nature that requires the diversion of so great a number of police officers of the town to properly police the route and areas contiguous to that allowing the parade or motorcade would deny reasonable police protection to the town; and

            c.  The parade or motorcade will interfere with another parade or motorcade for which a permit has been issued.

The chief of police shall deny an application for a parade or motorcade permit and notify the applicant of the denial where:

            a.  The information contained in the application is found to be false or nonexistent in any material detail; and

            b.  The applicant refuses to agree to abide by or comply with all conditions of the permit.

9-207 Appeal Procedures

Upon denial by the chief of police of an application the applicant may appeal the decision of the chief of police to the town council by filing a written notice of appeal for a hearing of the town council within five business days, at its next meeting.  Upon hearing the appeal the town council may reverse, affirm or modify , in any regard the denial of the permit.  The town council may at its discretion hold a special meeting to consider the denial of the parade permit if the council deems it appropriate.

9-208  Officials to be Notified.  Upon the approval of a permit the following town officials will be provided copies of the permit.

            a.  Town council members.

            b.  Fire Chief

            c.  Parks Director

            d.  Public Works Director

            e.  Clerk/Treasurer

9-209  Penalty.  Should any person, firm or corporation, or organization violate the terms and/or conditions of this ordinance or the permit issued pursuant hereto, such person, firm or corporation, or organization shall be subject to a fine of $200.00.

Chapter III Solicitor’s Permit and    Door To Door Vendors:

 

9-301 Definitions. Whenever used in this Chapter, the following words or phrases shall be defined as follows:

 

            a.  Door-To-Door Solicitation.  “Door-To-Door” shall include all methods and means of soliciting funds from and/or selling commercial products, services or property to residents and other persons on private property within the corporate limits of the Town of New Whiteland, Indiana (“Town”), by way of uninvited in-person solicitation.

 

            b.  Exempted Persons. “Exempt Person” shall include the following:

 

                        1.  An individual while and to the extent he or she is engaged in protected political speech or protected religious speech;

 

                        2.  An individual engaged in the solicitation of funds and/or the sale of cookies, candies, paper products or similar sundries for and on behalf of a non-for-profit or nonprofit organization or association that is exempt from the Indiana Gross Retail Tax;

An individual who, due to the pre-emption of applicable federal or state law, is exempt from local licensing requirements.

 

            c.  Vendor. A person, partnership, corporation, company, organization or entity who is not an Exempt Person and who is engaged in the selling, peddling, merchandising or brokering of products, services or property to the general public for a commercial purpose and/or who is engaged in the solicitation of funds.

 

9-302 Licensing.

 

Any vendor who desires to engage in Door-To-Door Solicitation shall first obtain from the Town of New Whiteland Police Department a non-transferable Door-To-Door Solicitation license (“License”) permitting such activity by Vendor and/or Vendor’s employment and agents.

 

The Town of New Whiteland Police Department shall provide to any person, upon request, a Door-To-Door Vendor Application form (“Application”) to be completed by the Vendor and processed by the Town of New Whiteland Police Department. The Application shall seek general information about the Vendor, Vendor’s business and the nature of Vendor’s proposed Door-To-Door Solicitation. The Application shall also require to list the name of every employee and agent who will be involved in Door-To-Door Solicitation pursuant to the License issued to the Vendor under this Section, and to obtain from the Indiana State Police Department and attach to the Application a copy of the limited criminal history of the Vendor and of each employee and agent of that Vendor who will be involved in Door-To-Door Solicitation. All completed Applications shall be submitted to the Town of New Whiteland Police Department for review.

 

A License and non-transferable identification card shall be issued to a Vendor upon completion of an Application, confirmation that such Vendor has no felony or misdemeanor convictions, within fifteen (15) years of the Application date for a crime of dishonesty, fraud, theft and/or moral turpitude, and such Vendor has paid a license fee of Fifteen ($15.00) Dollars for a 10-day License or Ninety ($90.00) Dollars for a 120-day License. Upon receipt of a License, a Vendor mush also purchase from the Town of New Whiteland Police Department, at the cost of One ($1.00) Dollar each, non-transferable identification cards for each employee and agent of Vendor listed on Vendor’s Application and for whom the New Whiteland Police Department has confirmed has no felony or misdemeanor conviction within fifteen (15) years of Vendor’s Application date for a crime of dishonesty, fraud, theft and/or moral turpitude.

 

The decision as to whether an Application is approved or denied shall be made by the New Whiteland Police Department within twenty (20) days from the date the Application is submitted.

 

Vendor and each of Vendor’s employees and agents, shall openly display upon his or her person, an identification card issued by the New Whiteland Police Department, whenever engaging in Door-To-Door Solicitation.

 

9-303 Restrictions on License/Door-To-Door Solicitation.

 

Door-To-Door Solicitation may be conducted between the hours of 10:00 a.m. and 7:00 p.m. local time only.

 

Subject to earlier revocation pursuant to this Section, a License, as well as any identification card(s) issued therewith, shall be valid for exactly ten (10) days or exactly one hundred and twenty (120) days, as applicable, from the date the License or identification card was issued, and shall thereafter immediately expire and become null and void.

 

Vendor and Vendor’s employees and agents, shall comply with all applicable federal, state and local laws and regulations while engaging in Door-To-Door Solicitation. The issuance of a License and identification card does not empower a Vendor or any of Vendor’s employees and agents to ignore “no-solicitation” signs or other lawful requests to not trespass on private property.

 

9-304 License revocation or denial.

 

If the New Whiteland Police Department determines that one or more of the following apply to a Vendor and/or to any Vendor’s employee or agent who applies for a License or who is involved in Door-To-Door Solicitation, then the New Whiteland Police Department shall deny the Application and/or revoke an issued License and/or the identification card(s) relating thereto, whichever action is applicable under the circumstances:

 

            a. Vendor submitted an Application that contains materially false or misleading information;

 

            b. Vendor or any of Vendor’s employees or agents was, within fifteen (15) years prior to the date of Vendor’s application, convicted of a felony or misdemeanor crime of dishonesty, fraud, theft and/or moral turpitude;

 

            c. Vendor or any of Vendor’s employees or agents has violated this section or has been charged with or convicted of a felony or misdemeanor crime of dishonesty, fraud, theft and/or moral turpitude after the issuance of but prior to the expiration date of such person’s License and/or identification card;

 

            d. Vendor or any of Vendor’s employees or agents has failed to properly display his/her identification card while engaged in Door-To-Door Solicitation;

 

            e. Two (2) or more written and sworn complaints have been delivered to the New Whiteland Police Department regarding allegedly untruthful or illegal conduct concerning Vendor or Vendor’s employees or agents during his/her Door-To-Door Solicitation.

 

All License and/or identification card denials/revocations shall be in writing, shall state thereon the effective date or the denial/revocation and the reason for same, and shall be served by U.S. Certified Mail or by personal service on Vendor at Vendor’s address as contained in the Application.

 

Any Vendor, within twenty (20) days from the date of notice on which it receives notice of denial or revocation of a license, may, by written request delivered upon the Town of New Whiteland Police Department, within such time period, appeal the denial revocation to the New Whiteland Town Council (“Council”). If a timely appeal is made, the denial or revocation becomes final. If a timely appeal is made, the Council shall hear the appeal at a public hearing, which shall begin no more than twenty (20) days from the date of the receipt of the appeal request by the Town Marshal. The Council shall issue its written decision on the appeal no more than ten (10) days from the ending date of the hearing thereon, which Council decision shall be final.

 

No Application, License or identification card fees shall be returned or refunded upon the revocation of a License and/or identification card issued pursuant to this Section, all such monies being deemed forfeited.

 

9-305 Penalties.

 

Any Vendor and/or any employee or agent of a Vendor who engages in Door-To-Door Solicitation in violation of this Section shall be subject to a fine of Fifty ($50.00) Dollars for each day (or portion thereof) during which the violation exists.

 

 The Town may seek a temporary and/or permanent restraining order against any Vendor and/or any employee or agent thereof in any court of competent jurisdiction.

 

The Town’s remedies hereunder shall be cumulative and pursuit of one remedy shall not preclude the pursuit of others under this Section or otherwise.

 

Willful or intentional disregard of this Section shall, to the full extent permitted by law, entitle the Town to collect from the violator the Town’s attorney fees, court costs, litigation expenses and all other reasonable costs and expense incurred in obtaining a restraining order and/or any other enforcement remedies against the same.

 

9-306 Severability clause. If any paragraph, sentence or other part of this Section shall, for any reason, be adjudged invalid by any court of competent jurisdiction, such judgment shall not affect, impair or invalidate the remainder of this Section, but shall be confined in its operation to the paragraph, sentence or other par thereof which is directly involved in the controversy in which such judgment is rendered.

 

9-307 Effect and scope. The adoption of this Section by the Town, and the licensing of any Vendor hereunder, shall not constitute an endorsement or approval of the cause, goods, property and/or services represented or provided by, nor the conduct of any person while engaged in Door-To-Door Solicitation.