REGISTRATION

Indianapolis-Marion County Revised Code tit. III, ch. 645, art. I, div. 2

in effect

Indianapolis-Marion County Revised Code § 645-121 Registration required.

Sec. 645-121. - Registration required. (a) Except for those facilities exempted by subsection (b) of this section, each occupant shall file a registration statement described in section 645-122 of this Code. (b) The registration requirements of this chapter shall not apply to the following: (1) Newsracks and newsstands, to the extent regulated by Article VIII of this chapter; (2) Temporary signs, to the extent regulated by the city under section 536-284 or Part 19 of Appendix D of the Code; (3) Public pay telephones, to the extent regulated by the city under chapter 936 of this Code; (4) Carts, to the extent regulated by the city under chapter 961 of this Code; and (5) Facilities of a commercial mobile service provider as defined in 47 USC § 332(d)(1) to the extent, and only to the extent, that such facilities are located on sites within public rights-of-way that are specifically leased or licensed, exclusively or nonexclusively, to such provider by the city. (c) Any entity or person having facilities referenced in subsection (b) of this section as well as other facilities within the public rights-of-way shall not be exempt from the registration requirements of this chapter with respect to such other facilities. (G.O. 85, 1998, § 1; G.O. 98, 1999, § 3; G.O. 25, 2010, § 10)

Indianapolis-Marion County Revised Code § 645-122 Registration statement.

Sec. 645-122. - Registration statement. The registration statement required under section 645-121 shall be filed with the department of public works and shall be in the form adopted by the board of public works by regulation, which shall include the following: (1) The identity and legal status of the registrant, including any affiliates who own or operate any facilities in the public rights-of-way. (2) The name, address and telephone number of the officer, agent or employee responsible for the accuracy of the registration statement. (3) A general description of services that the registrant provides or intends to offer or provide to entities or persons within the consolidated city through the utilization of facilities in the public rights-of-way. (4) A statement of the authority pursuant to which the registrant occupies the public rights-of-way. (5) A statement of the method of calculation and amount, if any, of any fee to which the registrant is subject under any franchise agreement between such registrant and the consolidated city and/or under any lease or rental agreement between the registrant and the consolidated city. (6) Such other information as the board of public works may reasonably require. (G.O. 85, 1998, § 1; G.O. 15, 2001, § 92)

Indianapolis-Marion County Revised Code § 645-123 Description of facilities.

Sec. 645-123. - Description of facilities. The registration statement of each entity or person having any facility within the public rights-of-way as of the date this article and Article II of this chapter are adopted by the consolidated city shall contain a general description of such registrant's facilities in the format set forth in regulations of the board of public works, and shall be updated by registrant as required by those regulations. (G.O. 85, 1998, § 1; G.O. 15, 2001, § 92)

Indianapolis-Marion County Revised Code § 645-124 Term of registration.

Sec. 645-124. - Term of registration. A registration made pursuant to this chapter shall be effective so long as fees due under this chapter shall be paid or until revoked by the consolidated city or canceled by the registrant pursuant to section 645-128. (G.O. 85, 1998, § 1)

Indianapolis-Marion County Revised Code § 645-125 Transfer of registration.

Sec. 645-125. - Transfer of registration. Registrations are not transferable without the prior written approval of the director of the department of public works, which approval shall not be unreasonably withheld, delayed or denied. Approval of such director shall not be required in the event that a registrant notifies such director in writing that it intends to make an assignment of the registration to: (1) Another registrant; (2) A subsidiary, affiliate or parent company of the registrant; (3) Any entity or person which the registrant controls, is controlled by, or is under common control with; or (4) Any partnership in which the registrant has a majority interest; and such assignee delivers to the consolidated city an agreement whereby such assignee shall unconditionally and irrevocably assume all obligations and liabilities of its assignor under this article arising prior to the effective date of such transfer. (G.O. 85, 1998, § 1; G.O. 15, 2001, § 93)

Indianapolis-Marion County Revised Code § 645-126 Initial registration.

Sec. 645-126. - Initial registration. (a) Every occupant occupying any facility within the public rights-of-way as of the effective date, which is required to be registered under section 645-121, shall file an initial registration statement for the initial year not later than January 1, 1999. No occupant, who proposes to occupy any facilities within the public rights-of-way for the first time after the effective date, shall occupy any facilities in the public rights-of-way without first complying with the registration, permitting and other requirements of this chapter, as applicable. (b) In the event an occupant first occupies within any public right-of-way any facilities after January 1, 1999, then such occupant shall, within thirty (30) days after commencing occupancy of such facilities, file with the director of the department of public works an initial registration statement pursuant to section 645-123. (G.O. 85, 1998, § 1; G.O. 15, 2001, § 93)

Indianapolis-Marion County Revised Code § 645-127 Rejection of registration statement.

Sec. 645-127. - Rejection of registration statement. The director of the department of public works shall reject any registration statement filed by any entity or person who does not possess proper authorization to occupy the public rights-of-way with facilities by giving written notice of such rejection to such entity or person. If such director shall determine that a registration statement should be rejected because of either condition set forth in the preceding sentence, then such director shall notify such entity or person of such rejection within thirty (30) days after the registration statement is filed. If, on the effective date, any facilities of an entity or person are located in the public rights-of-way under claim of right or contract, such facilities' occupancy of the public rights-of-way shall be deemed to be properly registered under this Chapter 645 upon the timely filing of a registration statement, and payment of the registration fee (unless exempt therefrom by section 645-133) and the expiration of the foregoing thirty-day period, until such time as such person or entity is actually notified of such director's rejection of such registration statement. With respect to any facilities not located within the public rights-of-way as of the date of the passage of this Chapter 645, any failure of such director to reject a registration statement within the time period set forth above shall not be construed to constitute authorization by the consolidated city in favor of such facilities or occupant to occupy the public rights-of-way. (G.O. 85, 1998, § 1; G.O. 15, 2001, § 93)

Indianapolis-Marion County Revised Code § 645-128 Revocation; cancellation.

Sec. 645-128. - Revocation; cancellation. (a) The consolidated city may revoke, in accordance with the procedures set forth in this article, any registration in the event any registrant violates any material provision of this article. (b) The director of the department of public works shall give a registrant sixty (60) days prior written notice of an intent to revoke the registrant's registration statement. Such notice shall state the reasons for such action. If the registrant does not cure such violation, such director may revoke the registration statement. (c) A registrant may cancel a registration statement at any time by giving written notice thereof to such director. The registration statement shall be deemed terminated effective upon acceptance thereof by such director after such director shall have determined that the registrant shall have ceased occupying the public right-of-way. All fees and other obligations of the registrant which accrued before the effective date of the cancellation shall remain the responsibility of the registrant. (d) Subject to section 645-156 in the event of abandonment of facilities, unless otherwise permitted by such director, if a registration is revoked or canceled, all facilities located in the public rights-of-way or located on public property which are not occupied by at least one (1) other registrant shall be removed at the sole expense of the registrant. (G.O. 85, 1998, § 1; G.O. 15, 2001, § 93)

Indianapolis-Marion County Revised Code § 645-129 Appeal of actions of director of the department of public works.

Sec. 645-129. - Appeal of actions of director of the department of public works. Any action or decision of the director of the department of public works: (1) To accept or reject all or part of a registration statement pursuant to section 645-127; (2) To transfer or not to transfer a registration statement pursuant to section 645-125; (3) To revoke or not to revoke a registration statement pursuant to section 645-128; or (4) To accept or not accept the cancellation of a registration statement pursuant to section 645-128; may be appealed by any interested entity or person to the board of public works by filing, with the director of the department of public works, a written request for a hearing, including a statement of such entity's or person's interest in the action and such entity's or person's objections to such action. Such request must be filed with such director not later than ten (10) days after notice of such action is given. The appeal hearing shall be scheduled before such board to occur not later than thirty (30) days after such request is filed. Notice shall be given to the entity or person making such request identifying the time, place, and date of the appeal hearing at least ten (10) days prior to the scheduled date of the appeal hearing. At the appeal hearing, such board may hear any evidence it deems relevant. After the appeal hearing, such board may confirm, reverse, or modify the action or decision made by such director and make any other order as it deems necessary or prudent. The order of such board shall be a final administrative decision, subject to further appeal or review as provided by law. Such board shall issue its findings of fact and order not later than twenty-one (21) days after the appeal hearing. Said findings of fact and order shall be in writing and shall be delivered to the entity or person making the request or the appeal. (G.O. 85, 1998, § 1; G.O. 15, 2001, § 93)

Source: Consolidated City of Indianapolis and Marion County, Revised Code (Municode Library, library.municode.com)URL: https://library.municode.com/in/indianapolis_-_marion_county/codes/code_of_ordinances?nodeId=TITIIIPUHEWE_CH645PURI-W_ARTIOCRE_DIV2REFetched: 10/27/2026