Legal Notices

LEGAL NOTICE
Notice
The Jackson County Water Utility has an existing loan with the Drinking Water State Revolving Fund Loan Program for distribution system expansion east and southeast of Seymour and northeast of Crothersville. The utility will add an additional project: replacement of small diameter water mains along portions of Bolles Street, Bridge Street, and an adjoining unnamed alleyway in the Town of Brownstown. The project will also install valves and hydrants in this area, as necessary, for system maintenance and fire protection. The cost of these projects will come from unspent SRF loan funds that are available for use. For questions, call Larry McIntosh, Utility Manager, at 812-358-3654.
12/4 hspaxlp

LEGAL NOTICE
VOUCHERS TO BE PRESENTED TO SCOTT COUNTY COMMISSIONERS
Court Claim to be approved 12/18/2019
David Thomas, 540.00; Houston Thompson & Lewis PC, 413.50; J & C Printing, 110.00; Jason Mount, 50.00; Marsha Owens Howser, 422.68; Matthew Bender & Co Lexis, 715.71; Quill Corp., 239.53; The Office Shop, 7,614.02; Thomson West Payment Ctr., 65.74.
12/4 hspaxlp

LEGAL NOTICE
SCOTT COUNTY SCHOOL DISTRICT 2
NOTICE OF PUBLIC MEETING
Scott County School District 2, pursuant to I.C. 20-26-5-4.3, hereby gives notice of a public meeting to be held on December 16, at 12:00 p.m. in the Scott County School District 2 Board Room located at 375 East McClain Avenue, Scottsburg, Indiana, for the purpose of public comment on a proposed Superintendent’s contract for 2020-21. The proposed Superintendent’s contract is for 230 days per year with a salary of $115,360. The contract includes life insurance commensurate with administrators in Scott County School District 2. The contract is to commence on January 1, 2020 and will be for a period through June 30, 2021. The contract includes 12 sick days and 3 personal days (2 which can carry over). Notice of this meeting can also be found on the school corporation’s website. The purpose of the meeting is to discuss and hear objections to and support for the proposed contract.
12/4 hspaxlp

LEGAL NOTICE
SOUTHEASTERN INDIANA SOLID
WASTE DISTRICT
BOARD OF DIRECTORS
2020 SCHEDULE OF MEETINGS

February 19
May 20
August 19
November 18

February, May, and August meetings will be held in the Ripley County Annex Building in Versailles. The November meeting will be held at the SISWD office in the proving grounds, 6556 North Shun Pike Road, Madison.
All meetings begin at 6:00 p.m.
and are open to the public.
12/04 hspaxlp

LEGAL NOTICE
STATE OF INDIANA
COUNTY OF SCOTT
IN THE SCOTT CIRCUIT COURT
Cause No: 72C01-1911-EU-0037
IN RE: THE ESTATE OF
DOUGLAS BURNS, Deceased
NOTICE OF ADMINISTRATION
Notice is given that Linda Hayes was on November 19, 2019 appointed Personal Representative of the estate of Douglas Burns, deceased, who died on October 30, 2019. The Personal Representative is authorized to administer the estate without Court supervision.
All persons who have claims against this estate, whether or not now due, must file the claim in the office of the Clerk of this Court within three (3) months from the date of the first publication of this notice, or within nine (9) months after the decedent’s death, whichever is earlier, or the claims will be forever barred.
Dated: Nov 19, 2019
Missy Applegate
CLERK,
SCOTT CIRCUIT COURT
KERRY THOMPSON, #840-72
HOUSTON, THOMPSON and LEWIS, PC
49 East Wardell Street
Scottsburg, IN 47170
Telephone: (812) 752-5920
Fax: (812) 752-6989
Email: kthompson@htllawyers.com
Attorney for the Estate of Douglas Burns
11/27, 12/4 HSPAXLP

LEGAL NOTICE
STATE OF INDIANA
COUNTY OF JACKSON
IN THE JACKSON CIRCUIT COURT
CASE NUMBER: 36C01-1911-EU-086
NOTICE OF UNSUPERVISED ADMINISTRATION
Pursuant to I.C. 29-1-7-7, notice is given that Marilyn R. McNealy, was on 19th day of November, 2019 appointed personal representative of the Estate of Margaret Louise Greene, deceased, who died testate on the 22nd day of October, 2019 and authorized to administer this estate without court supervision.
All persons who have claims against this estate, whether or not now due, must file the claim in the office of the Clerk of this Court within three (3) months from the date of the first publication of this notice, or within nine (9) months after the decedent’s death, whichever is earlier, or the claims will be forever barred.
Dated: at Brownstown, Indiana, this 19th day of November, 2019
Melissa J. Hayes
Clerk
Of the Circuit Court of Jackson County, Indiana
Denise K. Connell
Lorenzo, Bevers, Braman & Connell
218 West Second Street
Seymour, IN 47274
(812) 524-9000
connell.denise@outlook.com
11/27, 12/4 hspaxlp

LEGAL NOTICE
ADVERTISEMENT FOR BIDS
Notice is hereby given, that the City of Austin, Indiana, hereinafter referred to as the Owner, will receive sealed bids for the construction of the following project:
CITY OF AUSTIN 2019 ROADWAY RESURFACING PROJECT
The specifications and accompanying drawings describe the work to be done and the materials to be furnished for the construction of the improvements. The project generally consists of the following:
Asphalt overlay of approximately 10.80 miles of residential roadways located within the Austin City limits.
Sealed bids are invited and may be delivered or forwarded by registered mail, addressed to the City of Austin, City Hall, 80 W. Main St., Austin, IN 47102 until 1:00 pm (local time) on December 18, 2019. Bids received after such hour will be returned unopened. Each Bid must be enclosed in a sealed envelope bearing the title “City of Austin 2019 Roadway Repaving Project” and the name and address of the Bidder.
The bids will be publicly opened and read aloud at 1:00 pm on December 18, 2019 at the Austin City Hall.
The contract documents including plans and specifications are on file for public inspection at the following locations:

  1. Heritage Engineering LLC, at 603 N. Shore Drive, Unit 204, Jeffersonville, IN 47130.
  2. City of Austin, City Hall, 80 W. Main St., Austin, IN 47102
    Complete copies of the Bid Documents may be obtained by prospective Bidders from Heritage Engineering, LLC at 603 N. Shore Drive, Unit 204, Jeffersonville, IN 47130 at no charge. All Bidders shall be registered plan holders with the Engineer.
    All bids must be submitted on the bid forms as identified in the Contract Documents and Specifications.
    Each bid shall be accompanied by a certified check or acceptable bidder’s bond made payable to The City of Austin, in a sum of not less than five percent (5%) of the bid amount, which check or bond will be held by the Owner as evidence that the bidder will, if awarded the contract, enter into the same with the Owner upon notification from him to do so within ten (10) days of said notification.
    Approved performance and payment bonds guaranteeing faithful and proper performance of the work and materials, to be executed by an acceptable surety company, will be required of the Contractor at the time of contract execution. The bonds will be in the amount of 100% of the Contract Price and must be in full force and effect throughout the term of the Construction Contract plus a period of twelve (12) months from the date of substantial completion.
    The Owner reserves the right to reject any bid, or all bids, or to accept any bid or bids, or to make such combination of bids as may seem desirable, and to waive any and all informalities in bidding. Any bid may be withdrawn prior to the above scheduled time for the opening of bids or authorized postponement thereof. Any bid received after the time and date specified shall not be considered. No bid may be withdrawn after the scheduled closing time for receipt of bids for at least ninety (90) days.
    A conditional or qualified Bid will not be accepted.
    Award will be made to the lowest, responsive, responsible bidder.
    All applicable laws, ordinances and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the project throughout.
    Bids shall include all information requested by Indiana Form 96. Under Section III of Form 96, the Bidder shall submit a financial statement (i.e. Indiana Form 96A or equivalent). The Owner may make such investigations as deemed necessary to determine the ability of the Bidder to perform the work and the Bidder shall furnish to the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the right to reject any bid if the evidence submitted by, or investigation of, such Bidder fails to satisfy the Owner that such Bidder is properly qualified to carry out the obligations of the Agreement and to complete the work contemplated therein.
    Each Bidder is responsible for inspecting the Project site(s) and for reading and being thoroughly familiar with the Contract Documents and Specifications. The failure or omission of any Bidder to do any of the foregoing shall in no way relieve any Bidder from any obligation with respect to its Bid.
    November 27, 2019
    City of Austin
    City Hall
    80 W. Main St.
    Austin, IN 47102
    11/27, 12/4 hspaxlp

LEGAL NOTICE
STUCKER FORK CONSERVANCY DISTRICT
WATER SYSTEM IMPROVEMENTS – MARBLE HILL WATER TREATMENT PLANT DIVISION I – FILTERED WATER MAIN EXTENSION FOR NEW 1 MG TANK DIVISION II – NEW 1 MG FILTERED WATER STORAGE TANK
ADVERTISEMENT FOR BIDS
Sealed Bids for the construction of the Water System Improvements – Marble Hill Water Treatment Plant, Division I – Filtered Water Main Extension for New 1 MG Tank and Division II – New 1 MG Filtered Water Storage Tank will be received by the Stucker Fork Conservancy District, by and through its Board of Directors at their office located at 2260 U.S. Highway 31, Austin, IN 47102 until 3:00 P.M., local time, on December 16, 2019, at which time the Bids received will be publicly opened and read. If bids are forwarded by mail, the sealed envelope containing the bid must be enclosed in another envelope addressed to the Owner at P.O. Box 274, Scottsburg, IN 47170. Any bids received after the above specified time and date will be returned unopened. Bids will be received for a single prime Contract for each Division.
A pre-bid conference will be held at 10:00 A.M., local time, on December 4, 2019 at the Stucker Fork Conservancy District office at 2260 U.S. Highway 31, Austin, IN 47102. Attendance at the pre-bid conference is highly encouraged but is not mandatory.
The Issuing Office for the Bidding Documents is: Midwestern Engineers, Inc., 802 W. Broadway Street, Loogootee, Indiana 47553, John W. Wetzel, P.E., 812-295-2800. Prospective Bidders may examine the Bidding Documents at the Issuing Office on Mondays through Fridays between the hours of 7:00 A.M. – 4:00 P.M., and may obtain copies of the Bidding Documents from the Issuing Offices as described below.
Bidding Documents also may be examined at the Stucker Fork Conservancy District office at 2260 U.S. Highway 31, Austin, IN 47102, on Mondays through Fridays between 8:00 A.M. and 4:00 P.M.
Bidding Documents may be obtained from the Issuing Office during the hours indicated above. Bidding Documents are available as follows: (1) online viewing by download at midwesterneng.com/planroom – $30.00, per division, (2) viewing on compact disc (as portable document format (PDF) files) for a non- refundable charge of $50.00, per division, shipping via overnight express service will not be included; (3) viewing paper-bound printed Bidding Documents may be obtained from the Issuing Office either via in- person pick-up or via mail, upon Issuing Office receipt of payment for the Bidding Documents. The non- refundable cost of printed Bidding Documents is $200.00, per division, payable to Midwestern Engineers, Inc. Upon Issuing Office receipt of payment, printed Bidding Documents will be sent via the prospective Bidder’s delivery method of choice; the shipping charge will depend on the shipping method chosen. The date that the Bidding Documents are transmitted by the Issuing Office will be considered the prospective Bidder’s date of receipt of the Bidding Documents. Partial sets of Bidding Documents will not be available from the Issuing Office. Neither Owner nor Engineer will be responsible for full or partial sets of Bidding Documents, including Addenda if any, obtained from sources other than the Issuing Office.
Bid security shall be furnished in accordance with the Instructions to Bidders.
Bidders shall submit proof of qualifications to perform the Work as described in the Instructions to Bidders.
The Owner may make such investigations as deemed necessary to determine the ability of the Bidder to perform the work and the Bidder shall furnish to the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the right to reject any bid if the evidence submitted by, or investigation of, such Bidder fails to satisfy the Owner that such Bidder is properly qualified to carry out the obligations of the Agreement and to complete the work contemplated therein.
Each Bidder is responsible for inspecting the Project site(s) and for reading and being thoroughly familiar with the Bidding Documents. The failure or omission of any Bidder to do any of the foregoing shall in no way relieve any Bidder from any obligation with respect to its Bid.
A conditional or qualified Bid will not be accepted.
All applicable laws, ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the project throughout.
The work to be performed and the bid to be submitted shall include sufficient and proper sums for all general construction, mechanical installation, labor, materials, permits, licenses, insurance, and so forth incidental to and required for the construction of the facilities.
The Owner reserves the right to reject any and all bids and to waive any formalities. Any bid may be withdrawn prior to the above scheduled time for the opening of bids or authorized postponement thereof. Any bid received after the time and date specified shall not be considered. No bid may be withdrawn after the scheduled closing time for receipt of bids for at least ninety (90) days.
Award will be made to the low, responsive, responsible bidder.
The contractor(s) to whom the work is awarded will be required to furnish, before commencing work, a performance and payment bond in an amount equal to the bid price of the contract awarded to said contractor and certification of all insurance required in the specifications. All bonds and liability insurance shall remain in effect for the period listed in the Bidding Documents.
Section 746 of Title VII of the Consolidated Appropriations Act of 2017 (Division A – Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2017) and subsequent statutes mandating domestic preference applies an American Iron and Steel requirement to this project. All listed iron and steel products used in this project must be produced in the United States. The term “iron and steel products” means the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and construction materials. The deminimis and minor components waiver apply to this contract.
Owner: Stucker Fork Conservancy District
By: Title: Date:
John Bard
Chairman, Board of Directors
November 18, 2019
11/27, 12/4 hspaxlp

LEGAL NOTICE
STATE OF INDIANA
COUNTY OF JACKSON
IN THE JACKSON SUPERIOR 2 COURT
ANNUAL TERM, 2019
CAUSE NO.: 36D02-1909-AD-000030
IN THE MATTER OF THE PETITION FOR ADOPTION OF J.D.M
DAVID STANLEY,
Petitioner
NOTICE TO NAMED FATHER
TO: DUSTIN RAY RATLIFF
SERVICE BY PUBLICATION
Dustin Ray Ratliff, who has been named the father of the child born to Heather Brook (Maple) Stanley on May 15, 2008, or who claims to be the father of the child born to Heather Brook (Maple) Stanley on May 15, 2008, is notified that a petition for adoption of the child was filed in the office of the Clerk of Jackson Superior 2 Court, 109 South Sugar Street, Brownstown, Indiana.
If Dustin Ray Ratliff seeks to contest the adoption of the child, he must file a motion to contest the adoption in accordance with IC 31-19-10-1 in the above named court, not later than thirty (30) days after the date of service of this notice.
If Dustin Ray Ratliff does not file a motion to contest the adoption within thirty (30) days after service of this notice, the above named court will hear and determine the petition for adoption. His consent will be irrevocably implied and he will lose his right to contest either the adoption or the validity of his implied consent to the adoption. He will lose his right to establish his paternity of the child, by affidavit or otherwise, in Indiana or any other jurisdiction.
Nothing Heather Brook (Maple) Stanley or anyone else says to Dustin Ray Ratliff relieves Dustin Ray Ratliff of his obligations under this notice.
Under Indiana law, a putative father is a person who is named as or claims that he may be the father of a child born out of wedlock but who has not yet been legally proven to be the child’s father. For purposes of this notice, Dustin Ray Ratliff is a putative father under the laws in Indiana regarding adoption.
This notice complies with IC 31-19-4-5 but does not exhaustively set forth a putative father’s legal obligations under the Indiana adoption statues. A person being served with this notice should consult the Indiana adoption statues.
Dated this 12th day of November, 2019.
Melissa J. Hayes
Jackson County Court Clerk
11/20, 11/27, 12/4 hspaxlp

LEGAL NOTICE
State of Indiana
County of Jackson
In the Jackson Superior Court 1
Cause No. 36D01-1607-PL-030
Jackson County Schneck Memorial Hospital d/b/a Schneck Medical Center
Plaintiff vs
Kelly N. Hall
Defendant
SUMMONS BY PUBLICATION
To: Kelly N. Hall

  1. Plaintiff, Jackson County Schneck Memorial Hospital d/b/s Schneck Medical Center, has filed a Complaint in the Jackson Superior Court 1, Jackson County, Indiana against Kelly N. Hall.
  2. The whereabouts of Kelly N. Hall are unknown to Plaintiff.
  3. The attorney for Plaintiff is Greg S. Morin, Montgomery, Elsner & Pardieck LLP, 308 West Second Street, PO Box 647, Seymour, Indiana 47274.
  4. The nature of the suit is that the Plaintiff is seeking a judgment against the Defendant for being in default under the terms of Tuition Loan Agreement and Promissory Notes.
  5. You must respond to this Summons within thirty (30) days after the last notice of this action is published. In the event you fail to respond, the relief requested in the complaint may be granted in your absence.
    In Witness whereof I have hereunto subscribed my name and affixed the seal of the Court this 8th day of November, 2019
    Melissa Hays
    Clerk
    Jackson Superior Court 1
    Montgomery, Elsner & Pardieck LLP
    Greg S. Morin, #30045-49
    Attorney for Plaintiff
    308 West Second Street
    PO Box 647
    Seymour, Indiana, 47274
    812-522-4109
    11/20, 11/27, 12/4 hspaxlp

LEGAL NOTICE
STATE OF INDIANA
COUNTY OF SCOTT
IN THE SCOTT CIRCUIT COURT
CAUSE No. 72C01-1910-GU-32
IN THE MATTER OF THE GUARDIANSHIP OF
AIDEN I. DUNN,
Minor Child.
TRENTON K. HENSLEY
Petitioner.
NOTICE — SERVICE BY PUBLICATION
TO: NATURAL FATHER OF AIDEN I. DUNN
WHEREABOUTS UNKNOWN
On December 16, 2019, at 2:30 p.m. the SCOTT Circuit Court will hold a hearing to determine whether a guardian should be appointed for AIDEN I. DUNN.
At the hearing the Court will determine whether AIDEN I. DUNN is an incapacitated person or minor under Indiana law. This proceeding may substantially affect the rights of AIDEN I. DUNN.
If the Court finds that AIDEN I. DUNN is an incapacitated person or minor, the Court at the hearing shall also consider whether TRENTON HENSLEY should be appointed as guardian of AIDEN I. DUNN.
The Court may, in its discretion, appoint some other qualified person as guardian. The Court may also, in its discretion, limit the powers and duties of the guardian(s) to allow AIDEN I. DUNN to retain control over certain property and activities. The Court may also determine whether a protective order should be entered on behalf of AIDEN I. DUNN.
AIDEN I. DUNN may attend the hearing and be represented by an attorney. The petition may be heard and determined in the absence of AIDEN I. DUNN if the Court determines that the presence of AIDEN I. DUNN is not required. If AIDEN I. DUNN attends the hearing, opposes the petition, and is not represented by an attorney, the Court may appoint an attorney to represent AIDEN I. DUNN. The Court may, where required, appoint a guardian ad litem to represent AIDEN I. DUNN at the hearing.
The Court may, on its own motion or on request of any interest person, postpone the hearing to another date and time.
Attest:
Missy Applegate
Clerk,
Scott Circuit Court
/s/Devon M Sharpe
Devon M. Sharpe, #33829-49
Attorney for Petitioner
508 East Main Street
Madison, Indiana 47250
812-265-5132
11/20, 11/27, 12/4 hspaxlp

LEGAL NOTICE
TO THE OWNERS OF THE WITHIN DESCRIBED REAL ESTATE AND ALL INTERESTED PARTIES
NOTICE OF SHERIFF’S SALE
Sheriff Sale File number: 72-20-0001-SS
Date & Time of Sale: Tuesday, January 07, 2020 at 2:00 pm
Sale Location: Scott County 911 Center, 85 E Wardell Street
Judgment to be Satisfied: $53,975.45
Cause Number: 72D01-1903-MF-000009
Plaintiff: U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR IN INTEREST TO BANK OF AMERICA, NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR STRUCTURED ASSET INVESTMENT LOAN TRUST MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2003-BC1
Defendant: MATT SMITH and ET AL
By virtue of a certified copy of a decree to me, directed from the Clerk of Superior/Circuit Court of Scott County Indiana, requiring me to make the sum as provided for in said DECREE, with interest and cost, I will expose at public sale to the highest bidder at the date, time and location listed above, the fee simple of the whole body of Real Estate, a certain tract or parcel of land described as follows:
Lots Numbered One Hundred Forty-five (145) and One Hundred Forty-six (146) in Gibson Fourth Subdivision and Addition, to the Town of Austin, Scott County, Indiana.
Commonly Known as:
1075 WADE STREET, AUSTIN, IN 47102-1041
Parcel No. 72-03-25-430-002.000-003
Together with rents, issues, income and profits thereof, this sale will be made without relief from valuation or appraisement laws. In accordance to the requirements of IC 32-29-7-3, this Notice shall also represent service of Notice of Sale of this real estate upon the owners.
• An entire Sheriffs Sale may be cancelled due to inclement weather or other county emergencies. If the entire Sheriffs Sale is cancelled, each parcel will be cancelled. Each parcelwill be assigned to the next available sale (normally 2 months from original sale). This will allow compliance with Indiana Code concerning posting, publication, and serving time frames. Also, new Sheriffs Sale fees will be assessed and the parcels will be automatically re-advertised. The plaintiff will be responsible for the new fees and advertising costs.
Brian C. Berger
Plaintiffs Attorney
Attorney No. 19753-45
Codilis Law, LLC
8050 Cleveland Place
Merrillville. IN 46410
(219) 736-5579
Atty File#:1029625
Jerry Goodin, Sheriff
By: Laura Boswell
Administrative Assistant
Phone: (812) 722-0865
Jennings Township
The Sheriff’s Department does not warrant the accuracy of the commonly known address published herein.
PLEASE SERVE:
Kim Smith
1075 Wade Street
Austin, In 47102-1041
Matt Smith
1075 Wade Street
Austin, In 47102-1041
Kim Smith
10254 West Ford Road
Lexington, In 47138
Kim Smith
1356 Kristina Court
Scottsburg, In 47170
Matt Smith
1914 East Bridgewater Road
Scottsburg, In 47170
11/20, 11/27, 12/4 hspaxlp

LEGAL NOTICE
NOTICE OF SHERIFF’S SALE
TO THE OWNERS OF THE WITHIN DESCRIBED REAL ESTATE AND ALL INTERESTED PARTIES
Date & Time of Sale:
Tuesday, January 7, 2020 at 2:00 pm
Sale Location:
Scott County 911 Center, 85 E Wardell Street
Judgment to be Satisfied:
$92,409.45
Sheriff Sale File number: 72-20-0004-SS
Cause Number: 72D01-1902-MF-000005
Plaintiff:
U.S. BANK TRUST, N.A., AS TRUSTEE FOR LSF9 MASTER PARTICIPATION TRUST
Defendant:
PHILLIP A. EDWARDS and ET AL
By virtue of a certified copy of a decree to me, directed from the Clerk of Superior/Circuit Court of Scott County Indiana, requiring me to make the sum as provided for in said DECREE, with interest and cost, I will expose at public sale to the highest bidder at the date, time and location listed above, the fee simple of the whole body of Real Estate, a certain tract or parcel of land described as follows:
A part of the northeast fourth of the southwest quarter of Section 25, Township 4 North, Range 6 East, commencing at the northeast corner of said northeast fourth southwest quarter and running west with the quarter line 573 feet to THE TRUE POINT OF BEGINNING; thence west with the quarter line 73 feet, thence south 140 feet, thence east 73 feet, thence north 140 feet to THE TRUE POINT OF BEGINNING, containing .20 of an acre, more or less, subject to all legal highways. (tract 3 Booe Road) Also, a part of the northeast fourth of the southwest quarter of Section 25, Township 4 North, Range 6 East, commencing at the northeast corner of said northeast fourth southwest quarter and running west with the quarter line 573 feet, thence south 140 feet to the TRUE POINT OF BEGINNING, thence west 151 feet, thence south 78 feet, thence east 151 feet, thence north 78 feet to the TRUE POINT OF BEGINNING, containing .27 of an acre, more or less. SUBJECT TO ALL LIENS, EASEMENTS AND ENCUMBRANCES OF RECORD.
Commonly Known as:
1611 WEST BOOE ROAD, AUSTIN, IN 47102
Parcel No.72-03-25-310-010.000-003
Together with rents, issues, income and profits thereof, this sale will be made without relief from valuation or appraisement laws. In accordance to the requirements of IC 32-29-7-3, this Notice shall also represent service of Notice
of Sale of this real estate upon the owners.

  • An entire Sheriff’s Sale may be cancelled due to inclement weather or other county emergencies. If the entire Sheriff’s Sale is cancelled, each parcel will be cancelled. Each parcel will be assigned to the next available sale (normally 2 months from original sale). This will allow compliance with Indiana Code concerning posting, publication, and serving time frames. Also, new Sheriff’s Sale fees will be assessed and the parcels will be automatically re-advertised. The plaintiff will be responsible for the new fees and advertising costs.
    Jennings Township
    Jerry Goodin, Sheriff
    By: Laura Boswell
    Administrative Assistant
    Phone: (812) 722-0865
    Plaintiff’s Attorney
    Reisenfeld & Associates LPA LLC
    Matthew C. Gladwell
    3962 Red Bank Road
    Cincinnati, OH 45227
    (513) 322-7000
    Attorney No. 30493-49
    The Sheriff’s Department does not warrant the accuracy of the commonly known address published
    herein.
    11/20, 11/27, 12/4 hspaxlp

LEGAL NOTICE
ORDINANCE NO. 2019-023
TATTOO & PIERCING FACILITY ORDINANCE
BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF SCOTT COUNTY, INDIANA THAT THE FOLLOWING ORDINANCE BE ADOPTED.
Section
1.0 Purpose
2.0 State Law Adopted
3.0 Definitions
4.0 Operator Training Responsibilities
5.0 Operator Responsibilities
6.0 Operator Policies7.0 Tattoo Artist and Body Piercer Minimum Training and Certification Requirements
8.0 Patron Records
9.0 Illness
10.0 Handwashing
11.0 Personal Protective Equipment
12.0 Tattooing Equipment
13.0 Needles
14.0 Reusable Equipment
15.0 Dyes or Pigments or Other Objects Places under the Skin
16.0 Working Environment
17.0 Infectious Waste Containment
18.0 Treatment and Transport of Infectious Waste
19.0 Authority to Inspect and to Copy Records
20.0 Inspections
21.0 Permits and Fees
22.0 Renewal of Permits
23.0 Suspension of Permit
24.0 Right to a Hearing
25.0 Reinstatement of Permit
26.0 Prosecution of Hearing for Violations
27.0 Penalty
28.0 Effective date
SECTION 1.0- PURPOSE.
A chapter defining a tattoo facility, piercing facility, requiring permits, permit fees, for the operation of a tattoo/and or piercing business, prohibiting the application of a tattoo to a minor, regulating the inspection of a tattoo business, providing for the enforcement of this chapter and affixing penalties. (Revised and based in accordance with 410 I.A.C. 1-5: Sanitary Operations of Tattoo Parlors.)
SECTION 2.0- STATE LAW ADOPTED.
All of the terms and conditions of 410 I.A.C. 1-5-36 et seq. and any amendments thereto regarding the licensing and operation of a tattoo parlor are hereby incorporated by reference.
SECTION 3.0- DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BLOOD. According to 410 I.A.C. 1-5-2, human blood.
BLOOD-BORNE PATHOGENS. According to 410 I.A.C. 1-5-3, pathogenic micro-organisms that are present in human blood and can cause disease in humans. These pathogens include, but are not limited to, the following: HBV, HCV, HIV.
BODY PIERCER. According to 410 I.A.C. 1-5-3.5, any person who performs body piercing on an individual.
BODY PIERCING. According to 410 I.A.C. 1-5-3.6, the perforation of any human body part other than ear lobe for the purpose of inserting jewelry or other decoration or for some other nonmedical purpose.
CLEANED. According to 410 I.A.C. 1-5-4 removal of all visible dust, soil or any other foreign material.
CONTAMINATED. According to 410 I.A.C. 1-5-5, the presence or reasonably anticipated presence of blood or OPIM on an item or surface.
DECONTAMINATED. According to 410 I.A.C. 1-5-6, the use of physical or chemical means to remove, inactivate or destroy blood-borne pathogens on a surface or item which does not require sterilization to the point where they are no longer capable of transmitting infectious particles and the surface or item is rendered safe for handling, use or disposal.
DEPARTMENT. According to 410 I.A.C. 1-5-7, the State Department of Health.
FACILITY. According to 410 I.A.C. 1-5-7.5, a tattoo parlor or a body piercing facility, or both, which is any room or space where tattooing or body piercing, or both, is provided or where the business of tattooing or body piercing, or both, is conducted.
HBV. According to 410 I.A.C. 1-5-8, the hepatitis B virus.
HCV. According to 410 I.A.C. 1-5-9, the hepatitis C virus.
HIGH LEVEL DISINFECTION. According to 410 I.A.C. 1-5-9.5, a process that destroys all micro-organisms, with the exception of high number of bacterial spores.
HIV. According to 410 I.A.C. 1-5-10, the human immunodeficiency virus.
HEALTH OFFICER. The Scott County Health Officer or his or her authorized representative.
INFECTIOUS WASTE. According to 410 I.A.C. 1-5-11, waste that epidemiological evidence indicates is capable of transmitting a dangerous communicable disease. INFECTIOUS WASTE includes, but is not limited to the following:
(1) Contaminated sharps or contaminated objects that could potentially become contaminated sharps;
(2) Infectious biological cultures, infectious associated biological and infectious agent stock;
(3) Pathological waste;
(4) Blood and blood products in liquid and semi-liquid form;
(5) Carcasses, body parts, blood and body fluids in liquid and semi-liquid form, and bedding of laboratory animals; and
(6) Other waste that has been intermingled with infectious waste.
INTERMEDIATE LEVEL DISINFECTION. According to 410 I.A.C. 1-5-11.2, a process that inactive:
(1) Mycobacterium tuberculosis;
(2) Vegetative bacteria;
(3) Most viruses; and
(4) Most fungi; but does not necessarily kill bacterial spores.
OPERATOR. According to 410 I.A.C. 1-5-11.5, any person who controls, operates, manages or owns a facility.
OTHER POTENTIALLY INFECTIOUS MATERIALS or OPIM. According to 410 I.A.C. 1-5-12, the following:
(1) Human body fluids as follows:
(a) Semen;
(b) Vaginal secretions;
(c) Cerebrospinal fluid;
(d) Synovial fluid;
(e) Pleural fluid;
(f) Pericardial fluid;
(g) Peritoneal fluid;
(h) Amniotic fluid;
(i) Saliva in dental procedures;
(j) Any body fluid that is visibly contaminated with blood; and
(k) All body fluids where it is difficult or impossible to differentiate between body fluids.
(2) Any unfixed tissue or organ, other than intact skin, from a human, living or dead; and/or
(3) HIV-containing cell or tissue cultures, and HIV- or HBV-containing culture medium or other solutions, and blood, organs or other tissues from experimental animals infected with HIV or HBV.
PARENTERAL. According to 410 I.A.C. 1-5-13, piercing the mucous membranes or the skin barrier through such events as needle sticks, human bites, cuts or abrasions.
PERSON. An individual, group of individuals, association, partnership, corporation, firm or company.
PERSONAL PROTECTIVE EQUIPMENT. According to 410 I.A.C. 1-5-14, specialized clothing or equipment worn for protection against contact with blood or OPIM.
SECURE AREA. According to 410 I.A.C. 1-5-15, an area maintained to prevent the entry of unauthorized persons.
SEMILIQUID BLOOD, BLOOD PRODUCTS. According to 410 I.A.C. 1-5-16, blood; blood products that have intermediate fluid properties and are capable of flowing in a manner similar to liquid.
SHALL. A term used to indicate that which is required, the only acceptable method under these rules.
SHOULD. A term used to reflect the more preferable method, yet providing for the use of effective alternatives.
STERILIZE. According to 410 I.A.C. 1-5-17, the use of a physical or chemical procedure to destroy all microbial life, including highly resistant bacterial endospores.
STORE. According to 410 I.A.C. 1-5-18, the containment of infectious waste in such a manner as not to constitute collection, treatment, transport or disposal.
TATTOO. According to 410 I.A.C. 1-5-19:(1) Any indelible design, letter, scroll, figure, symbol or other mark placed with the aid of needles or other instruments; or
(2) Any design, letter, scroll, figure or symbol done by scarring; upon or under the skin.
TATTOO ARTIST. According to 410 I.A.C. 1-5-20, any person who provides a tattoo to an individual.
TATTOO OPERATOR. Any person who controls, operates, conducts, manages or owns a tattoo parlor.
TATTOO PARLOR. Any room or space where tattooing is provided or where the business of tattooing is conducted.
UNDEFINED WORDS. Words not specifically defined in this chapter shall have the common definition set forth in a standard dictionary.
UNIVERSAL PRECAUTIONS. According to 410 I.A.C. 1-5-23, an approach to infection control in which all human blood and certain human body fluids are treated as if known to be infectious for HIV, HBV, HCV and other blood-borne pathogens.
SECTION 4.0– OPERATOR TRAINING RESPONSIBILITIES.
All rules and regulations should be followed according to 410 I.A.C. 1-5-24, in addition to the following requirements made by the county.
An individual or entity that is an operator shall comply with the following training responsibilities:
(1) Ensure that the training described in the Indiana occupational safety and health administration’s blood-borne pathogens standard (as found in 29 CFR 1910.1030) is provided to all tattoo artists and body piercers, anyone employed by the facility or anyone acting on behalf of the facility, who has a reasonably anticipated risk for skin, eye, mucous membrane, or parenteral contact with blood or OPIM.
(2) Ensure that training on the handling of infectious waste is provided to all tattoo artists and body piercers, or anyone employed by the facility or anyone acting on behalf of the facility who has a reasonably anticipated risk for skin, eye, mucous membrane, or parenteral contact with blood or OPIM.
(3) Ensure that a record of training described in subdivision (1) is maintained, as required under the Indiana occupational safety and health administration’s blood-borne pathogens standard (as found in 29 CFR 1910.1030) of an individual’s participation in the training that is provided. The record shall be made available to the department for inspection upon request.
(4) Ensure that a record of training described in subdivision (2) is maintained.
SECTION 5.0– OPERATOR RESPONSIBILITIES.
All rules and regulations should be followed according to 410 I.A.C. 1-5-25, in addition to the following requirements made by the county.
(1) The operator shall ensure that tattoo artists, body piercers, or anyone employed by the facility or anyone acting on behalf of the facility who has a reasonably anticipated risk for skin, eye, mucous membrane, or parenteral contact with blood have and use personal protective equipment and expendables needed to implement the precautions required by this rule and the Indiana occupational safety and health administration’s blood-borne pathogens standard (as found in 29 CFR 1910.1030).
(2) The operator shall require tattoo artists and body piercers, anyone employed by the facility, or anyone acting on behalf of the facility who has a reasonably anticipated risk for skin, eye, mucous membrane, or parenteral contact with blood to provide evidence of compliance with the universal precautions education requirements contained in section 27 of this rule.
(3) The operator shall display a description of compliance with the requirements contained in subsection (4).
(4) The operator shall display written materials prepared or approved by the department explaining universal precautions and patrons’ rights under this rule. These materials shall include information on how to report violations of universal precautions and shall include information regarding the department’s duties to investigate.
SECTION 6.0– OPERATOR POLICIES.
All rules and regulations should be followed according to 410 I.A.C. 1-5-26, in addition to the following requirements made by the county.
(1) The operator shall develop a written policy in compliance with this rule and the requirements of the Indiana occupational safety and health administration’s blood-borne pathogen standard (as found in 29 CFR 1910.1030) that:
(A) requires the use of universal precautions when performing tattooing or body piercing and any activity or duty that includes any reasonably anticipated skin, eye, mucous membrane, or parenteral contact with blood or OPIM;
(B) requires disinfection or sterilization of contaminated reusable items;
(C) includes the safe handling of infectious waste; and
(D) provides sanctions, including discipline and dismissal, if warranted, for failure to use universal precautions or handle infectious waste safely, or both.
SECTION 7.0– TATTOO ARTIST AND BODY PIERCER MINIMUM TRAINING AND CERTIFICATION REQUIREMENTS.
All rules and regulations should be followed according to 410 I.A.C. 1-5-27, in addition to the following requirements made by the county.
(1) All tattoo artists, body piercers, anyone employed by the facility, and anyone acting on behalf of the facility, who has a reasonably anticipated risk for skin, eye, mucous membrane, or parenteral contact with blood or OPIM shall complete the training program that is required under the requirements of the Indiana occupational safety and health administration’s blood-borne pathogen standard (as found in 29 CFR 1910.1030). The programs under this section shall be as follows:
(A) A blood-borne pathogen training session provided by the operator meeting the requirements under the Indiana occupational safety and health administration’s blood-borne pathogens standard (as found in 29 CFR 1910.1030).
(B) Any blood-borne pathogen continuing education program provided by a health care agency.
(2) All tattoo artists, body piercers, anyone employed by the facility, and anyone acting on behalf of the facility, who has a reasonably anticipated risk for skin, eye, mucous membrane, or parenteral contact with blood or OPIM must be trained in the facility’s policies on the handling of infectious waste.
SECTION 8.0– PATRON RECORDS.
All rules and regulations should be followed according to 410 I.A.C. 1-5-28, in addition to the following requirements made by the county.
Records of each patron shall be maintained by the operator for two (2) years. The record shall include the following, but not be limited to:
(1) Patron’s name.
(2) Address.
(3) Age.
(4) Date tattooed or body pierced.
(5) Design of the tattoo.
(6) Location of the tattoo or body piercing on the patron’s body.
(7) The name of the tattoo artist or body piercer who performed the work.
(8) Jewelry or other decoration used.
SECTION 9.0– ILLNESS.
All rules and regulations should be followed according to 410 I.A.C. 1-5-29, in addition to the following requirements made by the county.
Tattoo artists or body piercers who are experiencing symptoms of acute disease that include, but are not limited to:
(1) diarrhea;
(2) vomiting;
(3) fever;
(4) rash;
(5) productive cough;
(6) jaundice; or
(7) draining (or open) skin infections, boils, impetigo, or scabies;
shall refrain from providing tattoos or body piercing.
SECTION 10.0– HANDWASHING.
All rules and regulations should be followed according to 410 I.A.C. 1-5-30, in addition to the following requirements made by the county.
(1) Handwashing facilities shall be readily accessible where tattooing or body piercing, or both, is provided.
(2) Hands shall be washed with soap and running water immediately before putting on gloves and after removal of gloves or other personal protective equipment.
(3) Only single-use towels shall be used.
SECTION 11.0- PERSONAL PROTECTIVE EQUIPMENT.
All rules and regulations should be followed according to 410 I.A.C. 1-5-31, in addition to the following requirements made by the county.
Appropriate personal protective equipment shall be worn as follows:
(A) A clean protective clothing layer shall be worn whenever there is a reasonably anticipated risk of contamination of clothing by blood or OPIM.
(B) Masks in combination with eye protection devices, such as goggles or glasses with solid side shield, or chin length face shield, shall be worn whenever splashes, spray, splatter, or droplets of blood or OPIM may be generated and eye, nose, or mouth contamination can be reasonably anticipated.
(C) Disposable gloves, such as surgical or examination type, shall be worn during the tattooing or body piercing process. Gloves shall be changed and properly disposed of each time there is an interruption in the application of the tattoo or body piercing, when the gloves become torn or punctured, or whenever the ability to function as a barrier is compromised. Disposable gloves shall not be reused.
(D) Gloves shall be worn when decontaminating environmental surfaces and equipment.
SECTION 12.0- TATTOOING EQUIPMENT.
All rules and regulations should be followed according to 410 I.A.C. 1-5-32, in addition to the following requirements made by the county.
(1) Only single-use razors shall be used to shave the area to be tattooed.
(2) All stencils shall be properly disposed of after a single use.
(3) If the design is drawn directly onto the skin, it shall be applied with a single-use article only.
SECTION 13.0- NEEDLES
All rules and regulations should be followed according to 410 I.A.C. 1-5-33, in addition to the following requirements made by the county.
(1) Needles shall be individually packaged and sterilized prior to use.
(2) Needles shall be single-use only.
(3) Needles shall be discarded in sharps containers immediately after use.
(4) Contaminated needles shall not be bent or broken or otherwise manipulated by hand.
SECTION 14.0- RESUSABLE EQUIPMENT
All rules and regulations should be followed according to 410 I.A.C. 1-5-34, in addition to the following requirements made by the county.
(1) Heating procedures capable of sterilization must be used when heat stable, non-disposable equipment is sterilized.
(2) Equipment that is to be sterilized shall be put in single-use packaging.
(3) Records must be maintained to document the following:
(A) Duration of sterilization technique.
(B) Determination of effective sterility, such as use of a biological indicator, is performed monthly.
(C) Equipment is maintained as recommended by the owner’s manual, and proof is available that the owner’s manual recommendations are reviewed monthly.
(4) Reusable contaminated equipment shall not be stored or processed in a manner that requires any person to reach by hand into the containers where these sharp items have been placed.
(5) Reusable contaminated equipment shall be:
(A) placed in puncture-resistant containers;
(B) labeled with the biohazard symbol;
(C) leak-proof on both sides and bottom; and
(D) stored in a manner that does not require reaching by hand into the container where the contaminated equipment is stored until cleaning prior to sterilization.
(6) Reusable contaminated equipment shall be effectively cleaned prior to sterilization or disinfection.
(7) Any reusable contaminated equipment that comes into direct contact, or is likely to come into direct contact, with an instrument that penetrates the skin other than a piercing gun shall be effectively cleaned and sterilized prior to use.
(8) All sterilized equipment shall not be removed from wrappers or sterilizer packaging until immediately prior to use.
(9) Any reusable equipment that comes into contact with mucus [sic., mucous] membranes shall be effectively cleaned and sterilized prior to use.
(10) Piercing guns shall be cleaned and undergo, at a minimum, high level disinfection after each use and whenever visibly contaminated.
(11) All reusable equipment that has contact with intact skin shall undergo, at a minimum, intermediate level disinfection.
(12) All other equipment used during the tattooing or body piercing procedure shall be single use, including corks.
(13) All body piercers and tattoo artists shall comply with all other equipment manufacturer’s recommendations.
SECTION 15.0- DYES OR PIGMENTS OR OTHER OBJECTS PLACED UNDER THE SKIN
All rules and regulations should be followed according to 410 I.A.C. 1-5-35, in addition to the following requirements made by the county.
(1) All dyes or pigments used in tattooing shall be from professional suppliers specifically providing dyes or pigments for the tattooing of human skin.
(2) In preparing dyes or pigments to be used by tattoo artists, only nontoxic, sterile materials shall be used. Single-use or individual portions of dyes or pigments in clean, single-use containers shall be used for each patron.
(3) After tattooing, the remaining unused dye or pigment in single-use or individual containers shall be discarded along with the container.
(4) Any object placed under the skin shall be sterile.
SECTION 16.0– WORKING ENVIRONMENT.
All rules and regulations should be followed according to 410 I.A.C. 1-5-36 (rules pertaining to work environment), in addition to the following requirements made by the county.
(1) No tattooing or body piercing shall be conducted in any room used as living quarters or in any room that opens directly into living or sleeping quarters.
(2) Live animals shall be excluded from areas where tattooing or body piercing is being conducted.This exclusion does not apply to the following:
(A) Patrol dogs accompanying security or police officers.
(B) Guide dogs accompanying the following:
(i) Blind persons.
(ii) Partially blind persons.
(iii) Physically disabled persons.
(iiii) Guide dog trainers.
(iiiii) Persons with impaired hearing.
(3) Eating, drinking, smoking, applying cosmetics, or handling contact lenses shall not be allowed in work areas where there is a likelihood of exposure to blood or OPIM.
(4) Food and drink shall not be kept in areas where there is a reasonably anticipated risk of exposure to blood or OPIM.
(5) All equipment and environmental surfaces shall be cleaned and disinfected after contact with blood or OPIM.
(6) Environmental surfaces and equipment not requiring sterilization that have been contaminated by blood shall be cleaned and disinfected.
(7) All work surfaces shall be:
(A) nonabsorbent;
(B) easily cleanable;
(C) smooth; and
(D) free of:
(i) breaks;
(ii) open seams;
(iii) cracks;
(iiii) chips;
(iiiii) pits; and
(iiiiii) similar imperfections.
(8) Disinfectant solutions shall be:
(A) a hospital grade, tuberculocidal Environmental Protection Agency (EPA) registered disinfectant; or
(B) sodium hypochlorite, five-tenths percent (0.5%) concentration, by volume (common household bleach in ten percent (10%) concentration in water); the solution shall be dated and shall not be used if it is more than twenty-four (24) hours old.
(9) Sanitary facilities.
(A) Water supply. The water supply shall be adequate, of a safe sanitary quality, and from an approved source.
(i) All private water supplies shall be subject to inspection at all times and no water from the source shall be used or supplied to the public unless samples therefrom have been tested and approved within the past 12 months.
(ii) A copy of the water analysis shall be available on the premises.
(iii) All water not piped into the tattooing establishment directly from source shall be transported, handled, stored and dispensed in a sanitary manner.
(B) Sewage disposal; water-carried sewage. All water carried sewage shall be disposed of by means of:
(i) A public sewer system; or
(ii) An approved sewage disposal system which is constructed and operated in conformance with applicable state and local laws, ordinances and regulations.
(C) Illumination.
(i) At least 25 foot-candles of light intensity shall be provided at a distance of 30 inches above the floor throughout the tattooing room;
(ii) At least 70 foot-candles of light shall be maintained at the place and on the surfaces, materials and equipment where tattooing is being performed.
(D) Toilet facilities.
(i) A toilet and lavatory shall be located in the tattoo establishment and shall be accessible to the tattooing operator/artist at all times that the establishment is open for business.
(ii) A lavatory with hot and cold running water, from a combination supply fixture shall be located in the room where tattooing is performed. Hand cleanser and sanitary towels shall be provided.
(iii) Toilet rooms shall be vented to outside air.
(iiii) The use of common towels and common cups shall be prohibited.
(10) Temporary establishments.
(A) No person shall be permitted to practice the art of tattooing in any temporary place of business, such as agricultural fairs, carnivals, mass gatherings or similar public gatherings of a temporary nature.
(B) Mobile tattoo establishments shall not be allowed.
(11) Care of instruments.
(A) Sterilizing of instruments.
(i) A sterilizer (autoclave) shall be provided for sterilizing needles and similar instruments before use on any patron. (Alternative sterilizing procedures may be used when specifically approved by ISDH.)
(ii) Before sterilizing, all needles and similar instruments shall be thoroughly washed to remove dyes, blood clots and other foreign matter.
(iii) The needles and instruments required to be sterilized shall be so used, stored, handled and temporarily placed during tattooing so that they do not become contaminated.
(B) Note: only single-use needles are allowed for the purpose of tattooing as per 410 I.A.C. 1-5-33(b). All other sterilizing methods should be followed as per 410 I.A.C. 1-5: Sanitary Operations of Tattoo Parlors.
(D) Tattooing of animals.
(1) No person shall allow the tattooing of animals in a tattoo establishment used for tattooing human beings.
(2) No needles or similar instruments used in tattooing of humans shall be used to tattoo animals.
(E) Disease control. No person who is infected with any disease in a communicable form or is a carrier of the disease shall work within a tattoo business.
(F) Licensed practitioners. These rules are not applicable to any establishments under the direct control of a duly licensed practitioner of the healing arts, nor do they apply to licensed medical hospitals, and similarly licensed medical institutions.
(Ord. 2000-3, passed 2-15-2000) Penalty, see § 112.99
SECTION 17.0- INFECTIOUS WASTE CONTAINMENT
All rules and regulations should be followed according to 410 I.A.C. 1-5-37, in addition to the following requirements made by the county.
(1) Contaminated disposable needles or instruments shall be: (A) stored in:
(i) leak-resistant; and
(ii) puncture-resistant;
Containers;
(iii) Tightly sealed to prevent expulsion;
(Ilia) labeled with the biohazard symbol; and
(Ilia) effectively treated in accordance with this rule prior to being stored in an unsecured area and sent for final disposal.
(2) Infectious wastes that are not contaminated sharps or objects that could potentially become contaminated sharps shall be placed in containers that meet the following requirements:
(A) Impervious to moisture.
(B) Sufficient strength and thickness to prevent expulsion.
(C) Secured to prevent leakage expulsion.
(D) Labeled with the biohazard symbol.
(E) Effectively treated in accordance with this rule prior to being placed in an unsecured area and sent for final disposal.
(3) If infectious waste is stored prior to final disposal, all persons subject to this rule shall store infectious waste in a secure area that:
(A) is locked or otherwise secured to eliminate access by or exposure to the general public;
(B) affords protection from adverse environmental conditions and vermin; and
(C) has a prominently displayed biohazard symbol.
(4) Infectious waste shall be stored in a manner that preserves the integrity of the container and is not conducive to rapid microbial growth and putrefaction.
(5) Disinfect reusable containers for infectious waste each time that they are emptied unless the surfaces of the reusable containers have been protected from contamination by disposable liners, bags, or other devices that are removed with the infectious waste.
SECTION 18.0- TREATMENT AND TRANSPORT OF INFECTIOUS WASTE
All rules and regulations should be followed according to 410 I.A.C. 1-5-38, in addition to the following requirements made by the county.
(1) All operators shall ensure that infectious waste is either treated on-site in accordance with this rule or transported off-site for treatment in accordance with this rule.
(2) A treatment is effective if it reduces the pathogenic qualities of infectious waste for safe handling, is designed for the specific waste involved, and is carried out in a manner consistent with this rule. Effective treatment may include:
(A) incineration in an incinerator designed to accommodate infectious waste;
(B) steam sterilization;
(C) chemical disinfection under circumstances where safe handling of the waste is assured;
(D) thermal inactivation;
(E) irradiation; or
(F) discharge in a sanitary sewer or septic system that is properly installed and operating in accordance with state and local laws.
(3) All persons subject to this rule shall:
(A) transport infectious waste in a manner that reasonably protects waste haulers and the public from contracting a dangerous communicable disease; and
(B) effectively treat infectious waste in accordance with this rule before it is compacted.
(4) The operator shall ensure that infectious waste, effectively treated or not is transported off-site in compliance with 410 IAC 1-3.
SECTION 19.0 AUTHORITY TO INSPECT AND TO COPY RECORDS.
(A) Access to all areas. The County Health Officer or his or her duly appointed agent bearing proper identification shall be permitted to enter upon all areas for the purpose of inspection, observation and sanitary testing as is necessary to carry out the provisions of this chapter.
(B) Inspection form. A general inspection form for tattoo establishments will be used to check the facility for sanitary conditions, proper record keeping practices, to ensure the proper disposal of all infectious wastes, and any other areas deemed necessary by the County Health Department.
(C) Inspections are public record. The inspection forms will be kept (similar to food establishment inspections) on file at the County Health Department and be readily available to the public for viewing.
(D) Pre-tattoo application required. The person operating the establishment shall maintain permanent records for each patron. Before the tattooing operation begins, the patron shall be required to personally enter on a record form provided for the establishments, the date, his or her name, address, age, social security number, serial number if a member of the armed forces, and his or her signature. The person operating the establishment shall retain records for a period of not less than two years. The records shall be available for examination upon request.
(E) Receipt required. The tattoo operator shall issue a receipt to each patron setting forth the name and address of the establishment.
(F) Records maintained. In the event of a change of ownership or closing of the business, all the records shall be made available to the County Health Department, as well as, ISDH.
(G) Infections reported. All infections resulting from the practice of tattooing which become; known to the tattoo artist or tattoo operator shall be reported to the SCHD, as well as, ISDH within 24 hours by the person owning or operating the tattoo establishment, and the infected client shall be referred to a physician.
SECTION 20.0- INSPECTIONS.
(A) Frequency of inspection. At least once each year, the Health Officer shall inspect each tattoo business for which a permit is required under the provisions of this chapter.
(B) Procedure when violations are noted. If during the inspection of any tattoo business the Health Officer discovers the violation of any of the requirements in SECTION 19 above, he or she shall issue a written order listing the violations to the proprietor or, in his or her absence, to the person in charge, and fixing a time within which the proprietor shall abate and remedy those violations. A copy of the written order shall be filed with the records of the County Health Department.
(C) Final inspection. If upon a second or final inspection the Health Officer finds that the tattoo business or employee is violating any of the provisions of this chapter which were in violation of the previous inspection and concerning which a written order was issued, the Health Officer shall furnish evidence of the violation to the Prosecuting Attorney having jurisdiction in the county in which the violation occurs.
(D) Extension of compliance. The Health Officer may, if he or she determines that any person who is otherwise not in compliance with the order to comply within the time requirements has acted in good faith and has made a commitment (in the form of contracts or other securities) of necessary resources to achieve compliance, grant an extension of the date referred to in division (B) above to a date which will achieve compliance at the earliest time possible but not later than six months from the original date of compliance.
SECTION 21.0- PERMITS AND FEES.
(A) Permit required from SCHD. It shall be unlawful for any person to place a tattoo upon the body of another person within the county; state or in any area under the jurisdiction of the county, without obtaining a signed permit from the County Health Department.
(B) Permit posted. All permits issued by SCHD shall be posted in a conspicuous place within the tattoo business, including artist permits.
(C) Pre-opening inspection. A permit for a new tattoo business shall not be issued until a pre-opening inspection is completed to the satisfaction of the Health Officer. The applicant for the permit shall notify the County Health Officer when the business is ready for inspection. The inspection shall be made within three business days of the receipt of the application.
(D) Permit fees. The fee for the issuance of a tattoo business establishment permit may be fixed and charged by the County Board of Health for the following:
(i) $100 annual tattoo facility permit
(ii) $50 per tattoo artist or piercer. If the owner of the facility is the only artist then only the annual facility permit applies.
(iii) $25 temporary artist or piercer that is valid for a total of (30) consecutive days.
(iiii) 125% late fee will apply for all permits
SECTION 22.0- RENEWAL OF PERMITS.
(A) Re-submittal required. Complete application for renewal of permits must be submitted at least 30 days prior to the expiration date of the expiring permit, and comply with all of the conditions set forth in this chapter.
(B) Evaluation of renewal. Evaluation of an annual permit renewal application will be based on the quality of operation during the period of previous permit. If the standards specified in this chapter have been met, the permit will be reissued.
(i) Evaluation will be based on reports of all inspections made during the evaluation period. No permit shall be renewed if the facility holding that permit has not been substantially in compliance with this chapter.
(ii) No permit shall be renewed if, on more than half of the inspections, the operation did not meet requirements of 410 I.A.C. 1-5-2: Sanitary Operations of Tattoo Parlors.
SECTION 23.0- SUSPENSION OF PERMIT.
Any permit issued under this chapter may be temporarily suspended by the Health Officer without notice or hearing with the Scott County Board of Health for a period of not to exceed 60 days, for any of the following reasons:
(A) Unsanitary or other conditions which in the Health Officer’s opinion endanger the public’s health; or
(B) Interference with the Health Officer or any of his or her authorized representatives in the performance of their duties.
SECTION 24.0- RIGHT TO A HEARING.
(A) The Health Officer may issue a written order to the permittee of the tattoo business to appear for a hearing in front of the Scott County Board of Health at a certain time, no later than ten days from the date of the last inspection and at a fixed place in order for the permittee to show cause why the license issued under the provisions of this chapter should not be revoked by administrative enforcement.
(B) This written order will be delivered to the permittee by leaving a copy at his or her normal place of business or by delivery by registered or certified mail.
SECTION 25.0- REINSTATEMENT OF PERMIT.
Any person whose permit has been suspended may at any time make application to the Health Officer for the reinstatement of his or her permit.
SECTION 26.0- PROSECUTION OF HEARING FOR VIOLATIONS.
All persons violating the provisions of this chapter may be prosecuted, or the Health Officer may promptly issue a written order to the permittee of the tattoo business to appear at a certain time, no later than ten days from the date of the final inspection, and at a place in the county fixed in that order to show cause why the permit issued under the provision of SECTION 19 or SECTION 20 above should not be revoked.
SECTION 27.0- PENALTY.
(A) General. Any person who violates the provisions of this chapter shall be fined (i.e. assessed a judgment in favor of County Health Department) in an amount not to exceed $1,000, plus court costs. Each day after the expiration of the time limit for abating unsanitary conditions and completing improvements to abate those conditions where compliance with the order by the County Board of Health, or by the duly appointed Health Officer of the county, has not been met, shall constitute a distinct and separate offense.
(B) Civil actions.
(1) The Health Officer is authorized to commence a civil action for appropriate relief, including: a permanent or temporary injunction for any violation; and/or civil penalties of not more than $50 for the first offense and not more than $500 for the second offense; and of not more than $500 for each subsequent offense. Each day after the expiration of the time limit for abating unsanitary conditions and completing improvements to abate those conditions where compliance with such as ordered by the County Board of Health or by the duly appointed Health Officer of the county or his or her representative has not been met shall constitute a distinct and separate offense. Any action under this chapter may be brought in the County Circuit Court and may be brought by the County Attorney or by another attorney of the choosing of the Health Board.
(2) Any person found to be in violation of any provision of this chapter shall be assessed all costs and expenses of the investigation and shall, in addition, be liable for all reasonable attorney fees and costs incurred by the County Health Department, in addition to any fines assessed in favor of the County Health Department, for the enforcement of this chapter.
SECTION 28.0- EFFECTIVE DATE.
This chapter shall take effect upon passage and publication in accordance with I.C. 36-2-4-8(b).
This Ordinance to be in full force and effect as of January 1, 2020.
Passed by the Board of Commissioners, Scott County, Indiana on this 20th day of November, 2019.
AYES NAYS
ROBERT TOBIAS
MIKE JONES
JOHN LIZENBY
12/4, 12/11 hspaxlp