ORDINANCE NO. 2009-5

ORDINANCE PROHIBITING

DUST CONTROL

ON COUNTY ROADS

Section 1: Title of Ordinance. This Ordin-ance shall be known as the “Ordinance Prohibiting Dust Control on County Roads.”

Section 2. For the purpose of promoting the public safety, health, welfare, convenience and enjoyment of public travel and to protect the public investment in public highways, it is hereby declared to be in the public’s interest to regulate and restrict the application of any type of dust control on a county road by anyone other than the Daviess County Highway Department or contracted with the Daviess County Highway Department.

Section 3. No person may apply or pay for the application of any substance to a county road for the purpose of dust prevention or for any other purpose, except for payments made to the Daviess County Highway Department. This Ordin-ance shall not apply to persons or organizations that contract with the Daviess County Highway Department to apply dust control.

Section 4. Any person who is found to be in contravention of this Ordinance shall be deemed to have committed a Class C Infraction and may be fined in a sum of up to and including, but not exceeding, Five Hun-dred Dollars ($500.00). The Daviess County High-way Attorney is hereby directed to initiate appropriate legal action against any person found to be in contravention of this Ordinance upon being presented a Complaint and Summons by the Daviess County Sheriff’s Depart-ment to be pursued as a civil matter in a Court of competent jurisdiction in Daviess County, Indiana.

Passed by the Commis-sioners of Daviess County, Indiana, this 28th day of September, 2009.

BOARD OF COMMISSIONERS

By Anthony D. Wichman

By C. Michael Taylor

By Larry G. Wilson

ATTEST:

Gail Doades, Auditor