160-23 - AN ORDINANCE DESIGNATING POSTED SPEED LIMITS AS THE APPLICABLE SPEED LIMITS FOR ALL NON-STATE HIGHWAY ROADWAYS WITHIN THE TOWN OF WINAMAC, INDIANA

AN ORDINANCE DESIGNATING POSTED SPEED LIMITS AS THE APPLICABLE SPEED LIMITS FOR ALL NON-STATE HIGHWAY ROADWAYS WITHIN THE TOWN OF WINAMAC, INDIANA

Ordinance No. 12 of 2023

WHEREAS, the Town Council for the Town of Winamac, Indiana (the “Town Council”), is responsible for the performance of various functions for the Town of Winamac, Indiana (the “Town”); and 

WHEREAS, the Town Council has identified certain non-state roadways within the Town as having set speed limits that do not conform with the posted speed limits; and 

WHEREAS, in the interests of clarifying any ambiguity, for purposes of effective enforcement, and for the health, safety, and welfare of the Town’s citizens and the general public, the Town Council is desirous of setting all non-state roadways within the Town limits at the speed limits currently posted for those non-state roadways. 

NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Winamac, that this Ordinance Designating Posted Speed Limits as the Applicable Speed Limits for All Non-State Highway Roadways Within the Town of Winamac, Indiana, is hereby adopted as follows:

Section I. 

Designation

1. The Town Council designates the currently posted speed limits (as of the date of passage of this Ordinance) for all non-state roadways as the applicable speed limits for all non-state roadways located within the Town limits for the Town of Winamac, Indiana. Any non-state roadways without a posted speed limits sign shall have the state-mandated speed limitations for roadways of that type and character, as set forth under the Indiana Code. 

(a) For purposes of this Ordinance, “non-state roadways” shall also exclude any federal or interstate highways. 

2. The Town Council hereby appoints the following individuals as the Enforcement Authorities for the Town, as it pertains to enforcement of this Ordinance:

A. The Town Police Department, through any of its officers; 

B. The Pulaski County Sheriff’s Department, through any of its officers; and 

C. Any other law enforcement official who is licensed to enforce state traffic laws in the State of Indiana. 

3. Penalties.  Any individual who exceeds the posted speed limits, and in the discretion of the Enforcement Authority, creates a public health and safety hazard, shall be in violation of this Ordinance and may be assessed a fine of One Hundred Dollars ($100.00) per violation, at the discretion of the Enforcement Authority. 

Section II. 

Effective Date

1. This Ordinance shall become effective thirty (30) days after notice of the adoption shall have been published in a paper as described in Indiana Code § 5-3-1-4.

PASSED AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF WINAMAC, INDIANA, THIS 11th DAY OF SEPTEMBER, 2023. 

THE WINAMAC, INDIANA, TOWN COUNCIL 

Approved: Larry Weaver, President; Alvin Parish, Vice-President; Tom J. Murray, Council Member; Danyelle Weaver, Council Member; Judy Heater, Council Member

ATTEST: Kendra Craft, Clerk-Treasurer

160-23 G 9/20