Ordinance No. 1057

WHEREAS, there are numerous rental housing units within the Town of Speedway, Indiana (the "Town") that have been the site of regular dispatches of police and emergency public safety runs; and

WHEREAS, pursuant to IC § 36-8-2-4, the Town has the power to regulate the use or possession of property that might endanger the public health, safety, or welfare; and

WHEREAS, it is of benefit to the public safety personnel of the Town to identify the management and owners of rental units in the Town and work with those managers and owners to foster and enforce the general public health, safety and welfare of all residents of the Town; and

WHEREAS, the Town Council of the Town (the "Town Council") has determined that remedial action is necessary for the best interests of the Town's citizens and that it is important for the public health, safety and general welfare that the ownership and management of rental housing units be regulated on an ongoing basis; and

WHEREAS, the Town Council desires to establish a program where all owners of rental housing units will be required to attend a landlord training program to obtain a landlord license; and

WHEREAS, the Town Council desires to have owners of rental housing units register each of their rental housing units and obtain a special rental housing permit; and

WHEREAS, by implementing such regulations, the Town believes public health, safety and general welfare of the Town will be protected and improved.

NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF SPEEDWAY as follows:

SECTION 1. Title 5 of the Town of Speedway Municipal Code (the "Code") is hereby amended by the addition of new Chapter 5.48 to read as follows:

"Chapter 5.48 LANDLORD LICENSE AND RENTAL UNIT PERMIT.

5.48.010 Legislative Purpose.

(a) It is hereby declared that there exists within the Town rental housing units, which by reason of their operation, use or occupancy affect or are likely to affect the public health, safety and general welfare of the Town.

(b) It is further declared that the purpose of the ordinance is to protect the health, safety and general welfare of the citizens of the Town by requiring the licensing of owners of rental housing units as well as the registration and regulation of all rental housing units which are or shall be in the existence in the Town.

5.48.020 Definitions.

The following definitions shall apply in the interpretation and enforcement of this Chapter:

"Clerk-Treasurer" shall mean the person elected to serve as the Town clerk and the Town fiscal officer, pursuant to I.C. 36-5-6, or any deputy or employee appointed by the Clerk-Treasurer with the approval of the Town Council, pursuant to I.C. 36-5-6-7 and section 2.16.030 of the Speedway Municipal Code.

"Code" shall mean any provision in the Speedway Municipal Code, as well as the Consolidated City and County Code, and the Health and Hospital Corporation Code, to the extent that such codes apply within the corporate boundaries of the Town.

"Code Enforcement Officer" shall mean an officer specifically designated by the Town of Speedway to enforce the Speedway Municipal Code and the Consolidated City and County Code, to the extent that the Consolidated City and County Code applies within the corporate boundaries of the Town.

"Consolidated City and County Code" shall mean the Revised Code of the Consolidated City and County, Indianapolis, Marion County, Indiana.

"Health and Hospital Corporation Code" shall mean the revised code of the Health and Hospital Corporation of Marion County, established pursuant to Indiana Code § 16-22-8-6.

"Landlord" shall mean an owner of rental housing units.

"Landlord License" shall mean a license that is issued to a Landlord, valid for one (1) year, by the Town Manager of the Town of Speedway upon evidence of completion of the Landlord Training Program and payment of a Landlord License Fee.

"Landlord License Application" shall mean the application for a Landlord License.

"Landlord License Application Fee" shall mean a non-refundable fee of twenty dollars ($20.00) due at the time an application is filed to obtain a Landlord License.

"Landlord License Fee" shall mean a fee of one hundred twenty-five dollars ($125.00) required to obtain a Landlord License or have a Landlord License reinstated. Owners of five (5) or less rental units shall be charged a fee of twenty-five dollars ($25.00).

"Landlord Training Program" shall mean the training program sponsored by the Marion County's Prosecutor's Office, or as otherwise designated by the Town Council.

"Manager" shall mean a person employed by or on behalf of the Owner to operate, maintain and conduct the business of the Landlord.

"Nuisance" means a condition, conduct, or activity on real property that is: (1) injurious to health; (2) indecent; (3) offensive to the senses; or (4) an obstruction to the free use of property; so as essentially to interfere with the comfortable enjoyment of life or property.

"Owner" shall mean the legal title holder or holders of the realty, except (1) if legal title is held by an Indiana land trust, owner shall mean the beneficial owner or owners of the trust; and (2) if there is a purchaser or purchasers under a real estate installment sales contract, owner shall mean the purchaser or purchasers; and (3) the Manager if authorized to act on behalf of the Owner for purposes of this chapter. The singular shall include the plural throughout.

"Person" shall include an individual, corporation, firm, partnership, association, organization, company, or limited liability company.

"Property Management Action Plan" shall mean a plan agreed to by the Town Manager and the Landlord to bring the rental unit into compliance with the applicable codes listed herein.

"Registered Agent" shall mean an agent of the Owner or Landlord who lives within Marion County, Indiana or has been designated as the Registered Agent.

"Rental Unit" or "Rental Housing Unit" shall mean any apartment, house, duplex, condominium, or room in a rooming house that is not owner-occupied which is let or intended to be let to a person for compensation.

"Rental Unit Permit" shall mean an annual permit issued by the Town Manager to a Landlord following the filing of a permit application form and the appropriate inspections required by this Ordinance.

"Rental Unit Application" shall mean the application which the Landlord completes in order to obtain a Rental Unit Permit for each rental unit owned by the Landlord.

"Rental Unit Permit Fee" shall mean a fifteen dollar ($15.00) annual fee paid by the Landlord in conjunction with the Rental Unit Application for each Rental Unit owned by the Landlord.

"Rooming House" shall mean any building used for living and sleeping in which a person or persons are housed with no individual kitchen facilities provided.

"State" shall mean the State of Indiana.

"Tenant" shall mean any person, other than the Owner, entitled to occupy a rental unit under a lease agreement to the exclusion of others.

"Town Manager" shall mean the person employed by the Town Council to be the administrative head of the Town pursuant to IC 36-5-5 and Section 2.08.110 of the Speedway Municipal Code or an agent of the Town Manager designated pursuant to Section 2.08.110 of the Speedway Municipal Code.

5.48.030 Landlord License Required; Application; Grounds for Denial, Suspension or Revocation.

(a) An Owner of a rental unit must obtain a Landlord License from the Town before the Owner permits occupancy of such Rental Unit. It shall be unlawful for any Owner without a Landlord License to lease a Rental Unit. For those owners of currently occupied Rental Units at the time of passage of this Ordinance, a Landlord License must be obtained within ninety (90) days of the date of passage of this Ordinance.

(b) Procedure for Obtaining Landlord License.

(1) Landlord License Application. Each Owner of a Rental Unit shall file a Landlord License Application and submit a Landlord License Application Fee to the Clerk-Treasurer. All Landlord License Applications shall be submitted to the Clerk-Treasurer on forms prescribed by the Town Manager and maintained on file in the Clerk-Treasurer's Office. Upon receipt of a Landlord License Application, the Clerk-Treasurer shall forward such form or information to the Town Manager for his or her review, in accordance with this chapter. The Landlord License Application shall require the Owner to give the following information under oath:

(i) Names, address, telephone number and e-mail address of the Owner:

(ii) Registered Agent's name, address, telephone number and e-mail address if applicable;

(iii) Name, address, telephone number and e-mail of on site Management Company or individual, if different from the Owner;

(iv) The names of partners or corporate officers and their office addresses if applicable;

(v) The length of time the business has been in the Town or the State;

(vi) If the Owner is a corporation, a certificate from the Secretary of State certifying that the applicant is a corporation in good standing under the laws of the State and is certified to do business in the State;

(vii) Whether or not the Owner or any partner or corporate officer has been denied a license or had a license revoked or suspended in connection with maintaining, operating, or conducting the business of a Landlord in the Town or State;

(viii) Whether or not the Owner or any partner or corporate officer has been convicted of a felony in connection with maintaining, operating, or conducting a business or commercial activity;

(ix) A statement that the Owner agrees to conduct, maintain and supervise all Rental Units and the surrounding premises owned by the Owner so as to not create a nuisance, or permit conduct or activity at the Rental Unit or on its premises that endangers the public health and welfare;

(x) A statement that the Owner certifies that the Landlord License Application is accurate and does not contain any material omissions and/or materially false or misleading information.

(2) Landlord Training Program. Upon submission of a Landlord License Application, the Owner or Manager shall enroll in, or provide proof that the Owner or Manager has successfully completed, the Landlord Training Program. Upon completion of the Landlord Training Program, the Owner or Manager shall provide the Town with written verification of the successful completion of said program.

(3) Issuance of Landlord License. Upon receipt of the completed Landlord License Application, the Landlord License Fee, and notice of successful completion of the Landlord Training Program, except for subsection (e) herein, the Town Manager shall issue the Landlord License to the Owner.

(4) Amended Landlord License Application. If at any time the information contained in the Landlord License Application changes materially before the filing of a new Landlord License Application, the Landlord shall update the Landlord License Application. No fee shall be required to update the Landlord License Application. Failure to update the Landlord License Application shall be a violation of this Chapter.

(c) Restrictions of the Landlord License. A Landlord License shall be valid for one (1) year from the date of issuance. A Landlord License is non-transferable. A Landlord License, in and of itself, shall not be interpreted as granting the Owner the privilege of letting the structure for residential occupancy, but must be accompanied by a valid Rental Unit Permit for each unit.

(d) Renewal of the Landlord License. At the expiration of the Landlord License, the Owner may renew the Landlord License by submitting another Landlord License Application along with the Landlord License Application Fee. A renewal of the Landlord License may not be refused without cause upon payment of the Landlord License Fee.

(e) Grounds for Denial of Landlord License Applications. The Town Manager may deny any Landlord License Application if he/she determines that any or the following events have occurred or conditions exists:

(1) The Owner has failed to provide all the information requested on the Landlord License Application pursuant to Section 5.48.030(b)(1);

(2) The Owner has failed to pay all the required fees and penalties pursuant to this chapter;

(3) If the Owner is a non-natural person, the applicant is not organized under the laws of the State of Indiana, controlled by the laws of the State or is not authorized and qualified to engage in business in the State;

(4) The Owner has refused inspection of a Rental Unit and its premises by public authorities acting pursuant to law;

(5) The Owner has obtained the Landlord License or Rental Unit Permit through fraud, collusion or illegality;

(6) The Owner or any partner or corporate officer has been denied a license or had a license revoked in connection with maintaining, operating, or conducting the business of a Landlord in the Town or Sate;

(7) The Owner or any partner or corporate officer has been convicted of a felony in connection with maintaining, operating, or conducting a business or commercial activity;

(8) The Owner has materially or substantially failed to comply with a Property Action Management Plan;

(9) The Owner has failed to remediate any material statutory or Code violations of any Rental Unit;

(10) The application or any previous application for a Landlord License filed by an Owner contains any material omissions and/or materially false or misleading information;

(11) Any Rental Unit and/or the premises of the Owner are conducted or maintained in such a manner as to create a nuisance, or threat to the public health or general welfare;

(12) The Owner has been determined to be aiding, abetting, encouraging, permitting, harboring, or engaging in criminal conduct or criminal activities in any of his Rental Units or on any of the Owner's Rental Unit premises; or

(13) The Owner, or any partner or corporate officer of the Owner or the Manager, of the premises sought to be operated under the Landlord License has failed to comply in any material respect with any Town ordinances, or State law applicable thereto, in addition to any provision of the Consolidated City and County Code and the Health and Hospital Corporation Code, to the extent that the Consolidated City and County Code and the Health and Hospital Corporation Code are applicable within the corporate boundaries of the Town, so that such failure to comply resulted in or may result in the endangerment of the Tenant's or general public's health, safety and welfare.

If the Town Manager believes there is reasonable cause to deny a Landlord License Application, the Town Manager shall issue written notice of the denial to the Owner with the specific grounds for such denial. The Town Manager shall return the Landlord License Fee, if paid,to the Owner whose application was denied. The Owner may appeal the determination of the Town Manager to the Town Council as set forth in Section 5.48.050.

(f) Revocation of the Landlord License. The Town Manager may revoke a Landlord License at any time. The Town Manager may revoke a Landlord License if he/she determines that any one the following events have occurred or conditions exists:

(1) The Landlord is a non-natural person and is no longer authorized or qualified to engage in business in the State;

(2) The Landlord has refused inspection of a Rental Unit and its premises by public authorities acting pursuant to law;

(3) The Landlord has obtained the Landlord License or Rental Unit Permit through fraud, collusion or illegality;

(4) The Owner or any partner or corporate officer has been denied a license or had a license revoked or suspended in connection with maintaining, operating, or conducting the business of a Landlord in the Town or State;

(5) The Owner or any partner or corporate officer has been convicted of a felony in connection with maintaining, operating, or conducting a business or commercial activity;

(6) The Landlord has materially or substantially failed to comply with a Property Action Management Plan;

(7) The Landlord has failed to remediate any Statutory or Code violations of any Rental Unit;

(8) A Landlord License Application filed by an Owner, including required updates, contains any material omissions and/or materially false or misleading information;

(9) Any Rental Unit and/or premises of the Landlord are conducted or maintained in such a manner as to create a nuisance which threatens the public health or general welfare;

(10) The Landlord has been deemed to be aiding, abetting, encouraging, permitting, harboring, or engaged in criminal conduct or criminal activities in any of his/her Rental Units or on any of his/her Rental Unit premises;

(11) The Landlord has failed to pay any outstanding penalties or fees that have been outstanding for ninety (90) days;

(12) The Owner, or any partner or corporate officer of the Owner, of the premises sought to be operated under the Landlord License has failed to comply in any material respect with any Town ordinances, or State law applicable thereto, in addition to any provision of the Consolidated City and County Code and the Health and Hospital Corporation Code, to the extent that the Consolidated City and County Code and the Health and Hospital Corporation Code apply within the corporate boundaries of the Town, so that such failure to comply resulted in or may result in the endangerment of the Tenant's or general public's health, safety and welfare.

If the Town Manager believes there is reasonable cause to revoke a Landlord's License, the Town Manager shall issue written notice of the revocation with the specific grounds for the revocation. The Owner may appeal the revocation to the Town Council as set forth in Section 5.48.050.

(g) Waiver of Landlord License Fee. The Town Council may waive all or portion of the Landlord License Fee upon proper justification. If the Town Council makes the determination to waive any portion of the fee, the Town Council shall make written findings supporting such determination.

(h) Exemption from Landlord License Fee. All charities and governmental agencies shall be exempt from the Landlord License Fee.

5.48.040 Rental Unit Permit; Application; Grounds for Denial, Suspension or Revocation.

(a) Permit Required. It shall be unlawful for any Owner to let a Rental Unit to a person for occupancy unless there is a valid Rental Unit Permit issued for such Rental Unit pursuant to this chapter. A Landlord must register annually each of his/her Rental Units on or before the expiration date of the prior Rental Unit Permit each year by filing a Rental Unit Permit Application and submitting the Rental Unit Permit Fee to the Clerk-Treasurer. An Owner must register for a Rental Unit Permit for each Rental Unit within ninety (90) days of the effective date of this ordinance or within thirty (30) days of obtaining title to a Rental Unit.

(b) Procedure. All Rental Unit Permit Applications shall be submitted to the Clerk-Treasurer on forms prescribed by the Town Manager and maintained on file in the Clerk-Treasurer's Office. Upon receipt of a Rental Unit Permit Application, the Clerk-Treasurer shall forward such application or information to the Town Manager for his or her review, in accordance with this chapter.

(c) Rental Unit Permit Application. The Rental Unit Permit Application shall include and state, under oath, the following information:

(1) Name, address, phone number, and e-mail address of the Owner;

(2) Name, address, phone number, and e-mail address of the Manager;

(3) Proof of a valid Landlord License issued by the Town;

(4) Street address of the Rental Unit, or detailed listing of all Rental Units containing the street address and unit number of all rental units at the Owner's complex;

(5) A copy of the Landlord's standard lease, as applicable to each rental unit;

(6) A statement that the Owner agrees to conduct, maintain and supervise all Rental Units and the surrounding premises owned by the Owner so as to not create a nuisance, or permit conduct or activity at the Rental Unit or on its premises that endangers the public health and welfare;

(7) A statement that the Owner certifies that the Rental Unit Application is accurate and does not contain any material omissions and/or materially false or misleading information.

For purposes of this section, a post office box does not suffice as an address. One Rental Unit Permit Application may be submitted for all Rental Units, as identified by exhibit, containing the above-referenced information and a separate Rental Unit Permit Fee for each Rental Unit.

(d) Inspection.

(1) Upon receiving the permit application, the Building Commissioner, the Code Enforcement Officer and any other governmental agencies as required by the Town Manager, may inspect each Rental Unit identified in the application as directed by the Town Manager, to verify zoning and to ensure that the Rental Unit complies with the applicable provisions of the Code. An inspection is not required prior to the issuance of the Rental Unit Permit. An inspection of the Rental Unit shall be conducted within twenty-four (24) months of the issuance of the Rental Unit Permit.

(2) The Landlord and the Tenant, if occupied, shall be notified of a date and time that the inspection will take place.

(i) If the Landlord or the Tenant, contrary to provisions of the rental agreement, fails to permit access to the Rental Unit for the inspection, any Rental Unit Permit Application may be denied, and/or any Rental Unit Permit of the Landlord may be suspended. A search warrant may be obtained to inspect the Rental Unit, pursuant to provisions of the Code or I.C. 36-7-9.

(ii) No Rental Unit having a Rental Unit Permit shall be inspected more than once a year unless a substantiated complaint has been received from a Town citizen or the Town Manager has reasonable cause to believe a violation of the Code exists.

(3) There shall be no charge for the biennial inspection required under this chapter. However, if the Town Manager determines that a follow up inspection of a Rental Unit is necessary, following a substantiated complaint or based upon reasonable cause to believe that a violation of the Code exists, the Owner shall be required to pay an inspection fee of the greater of fifty dollars ($50.00) or the actual time and expense of conducting the inspection.

(4) The officer with the department charged with the duty of making an inspection shall make a report thereon, favorable or otherwise, to the Town Manager within ten (10) days after receiving the application or a copy thereof from the Town Manager requesting the inspection. The report shall specify all violations of the Code and the amount of time and expense required to conduct the inspection.

(e) Issuance of Rental Unit Permit. Upon receipt of a Rental Unit Application, a Rental Unit Permit Fee, and a favorable inspection report, if conducted, the Town Manager may issue a Rental Unit Permit for each Rental Unit set forth in the Permit Application complying with this chapter. A Rental Unit Permit shall be valid for one (1) year from the date of issuance. A Rental Unit Permit issued pursuant to this section is renewable on or before the expiration of such permit, and all renewal permits shall be dated on, or as of, the date the permit would have otherwise expired.

(f) Amended Registration. If at any time the information contained in the Rental Unit Application materially changes before the filing of the annual Rental Unit Permit Application, the Landlord shall update the Rental Unit Permit Application. No fee shall be required to update the Rental Unit Permit Application. Failure to update the Rental Unit Permit Application shall be a violation of this Chapter.

(g) Property Management Action Plan.

(1) If after inspection, violations of the Code exist, the Landlord shall be cited for the violations by the inspecting officer. If after ten (10) days following the citation, the violations continue, the Town Manager shall meet with the Landlord to develop a Property Management Action Plan to bring the Rental Unit into compliance by a specified date. The Property Management Action Plan may concern, but is not limited to the following issues:

(i) providing a habitable dwelling;

(ii) observing occupancy limits;

(iii) maintaining electrical systems meeting code requirements;

(iv) maintaining plumbing systems meeting code requirements;

(v) maintaining heating and cooling systems meeting code requirements;

(vi) maintaining proper fire protection systems;

(vii) eliminating health and safety hazards;

(viii) improving or providing for the security of the premises; or

(ix) requiring inspections more than once a year if problems with the rental unit occurs regularly.

(2) If the Landlord fails to take action either by (i) not meeting with the Town Manager; (ii) not implementing the Property Management Action Plan; or (iii) not completing the Property Management Action Plan by the required date, the Landlord shall be in violation of this Chapter.

(3) If the Tenant of the Rental Unit is impeding the Landlord from complying with the Code, the Town Manager shall meet with the Landlord and the Tenant to develop a Property Management Action Plan.

(4) Upon compliance with the Property Management Action Plan and payment of any required fees, the Town Manager shall issue or reissue the Rental Unit Permit.

(h) Denial or Suspension of a Rental Unit Permit. An application for a Rental Unit Permit may be denied, or a Rental Unit Permit may be suspended, by the Town Manager if the Town Manager determines that any of the following events has occurred or conditions exists:

(1) The Rental Unit Permit was obtained through fraud, collusion or illegality;

(2) There is a material and substantial non-compliance with the Property Management Action Plan;

(3) The Landlord has failed to remediate code violations;

(4) The Rental Unit Permit Application filed by the Landlord contains material omissions and/or materially false or misleading information;

(5) The Rental Unit subject to the permit and/or its premises are conducted or maintained in such a manner as to create a nuisance, or threat to the public health or general welfare;

(6) The Rental Unit subject to the Rental Unit Permit and/or its premises has been determined to be aiding, abetting, permitting, harboring, or used in criminal conduct or criminal activities; or

(7) The Owner's Landlord License has been suspended or revoked in accordance with this chapter.

Before a Rental Unit Permit may be suspended, the Town Manager shall give written notice of the suspension to the Landlord with the date of suspension effective thirty (30) days from the date of the notice. The suspension will remain in effect until all fees and penalties have been paid and the rental unit is in compliance. A denial or suspension may be appealed to the Town Council as set forth in Section 5.48.050.

(i) Revocation of a Rental Unit Permit. A Rental Unit Permit may be revoked after three (3) suspensions or if the suspension remains in effect for ninety (90) days. A revocation of a Rental Unit Permit may be appealed to the Town Council as set forth in Chapter 5.48.050.

(j) Reinstatement Fee. A twenty-five ($25.00) dollar Reinstatement Fee shall be required for any reinstatement of a Rental Unit Permit.

(k) Waiver. The Town Council may waive any or all portions of fees associated with the this section. If the Town Council determines that there is reasonable justification for such waiver, the Town Council shall make written findings.

(l) Exemptions. All charities and government agencies are exempt from the Rental Unit Permit Fee.

5.48.050 Appeal and Review of Denial, Suspension or Revocation.

Whenever an Owner wishes to appeal any decision of the Town Manager (i) refusing to issue or renew a Landlord License; (ii) suspending or revoking a Landlord License; (iii) refusing to issue or renew a Rental Unit Permit; or (iv) suspending or revoking a Rental Unit Permit, the Owner must first appeal to the Town Council in compliance with the procedures set forth herein.

(a) A Owner may request in writing an informal hearing to dispute the determination of the Town Manager, within ten (10) days after receiving notice of (i) a refusal to issue or renew a Landlord License; (ii) a suspension or revocation of a Landlord License; (iii) a refusal to issue or renew a Rental Unit Permit; or (iv) a suspension or revocation of a Rental Unit Permit. The written request to dispute the determination must be filed with the Clerk-Treasurer. The Clerk Treasurer shall notify the Town Council.

(b) Following notification, the Town Council shall:

(1) set the appeal for a hearing;

(2) set a time, date, and location for such hearing; and

(3) notify the Owner and the Town Manager of the hearing time, date, and location at least ten (10) working days prior to the hearing.

(c) The hearing shall be conducted by the Town Council or its designated officer; provided however, that the Town Manager shall not conduct such hearing.

(d) The Owner shall bear the burden of proof that the Town Manager's decision should be vacated. The Town Manager or person appointed by the Town Manager may present evidence at the hearing which supports the Town Manager's decision.

(e) Following a hearing, the Town Council may overturn or confirm the Town Manager's determination. The decision of the Town Council or hearing officers or his/her appointees shall be final and the decision, together with reasons thereof, shall be delivered in writing within thirty (30) working days from the close of the hearing to the person taking the appeal with a copy delivered to the Town Manager who shall keep all decisions on file in the Town Manager's office.

(f) All decisions shall become effective upon delivery to the Town Manager.

5.48.060 Penalties.

Any person who violates any provision of this chapter shall be subject to a fine of not more than $100 per day for each violation, and not more than $2,500 in total. Each day that a violation continues shall be a separate offense.

5.48.070 General Fund.

The fees generated from the licenses, permits, and inspections of rental units along with penalties assessed under this subchapter shall be deposited into the General Fund of the Town and used for purposes of code enforcement.

SECTION 2. Section 1.12.030 of the Code, regarding payments to the Ordinance Violations Bureau, is hereby amended by the addition of the following language:

"5.48.050 Landlord License and Rental Unit Permits $100 each day"

SECTION 3. This Ordinance shall be in full force and effect sixty (60) days following its adoption and publication in accordance with Indiana Code § IC 36-5-2-10.

SECTION 4. If any section, subsection, paragraph, sentence, clause or word of this Ordinance shall be held to be invalid, either on its face or as applied, the invalidity of such provision shall not affect the other sections, subsections, paragraphs, sentences, clauses or words of this Ordinance, and the applications thereof; and to that end the sections, subsections, paragraphs, sentences, clauses or words of this Ordinance shall be deemed severable.

PASSED AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF SPEEDWAY THIS 12th DAY OF JUNE, 2006.