DEKALB COUNTY CODE OF 1999
AFTERWORD OF COMPILERS NOTE

 The development and compilation of a county code is a process. The DeKalb County Commissioners in 1997 directed a Code of Ordinances for DeKalb County to be established. The DeKalb County Auditor provided the important beginning step of a chronological compilation of the County Ordinances. From that compilation, the existing format of the County Code has been prepared.

 The DeKalb County Code has not been refined to the extent that can be reasonable done, but has been compiled with a purpose to preserve history and with an extensive index to assist researchers. Some changes will likely be made in the future. If any readers of the Code notices an error, please advise the DeKalb County Auditor. Any such changes or suggestions will be welcomed.

 The code compilation can reasonably be condensed from the present formulation beginning January 1, 1999. The existing format has been used in the interest of serving cost effectiveness and timeliness of the beginning of the Code compilation process. Some of the 1999 Code sections could be removed for only legal purposes; yet remain due to the cost and time involved, as well as revealing the County Ordinance development process. Also, some updating remains to be done for some sections, such as in zoning, townships, economic development, and in the index.

 The adoption of the DeKalb County Code has some significance, not only for members of the legal profession and county officials, but for each citizen governed by its provisions. For the first time in the history of DeKalb County, the ordinances enacted by its government have begun to be organized into a researchable compilation of local law.

 The Indiana General Assembly enacted "home rule" legislation which mandated the codification of county ordinances. Unfortunately, no state statute defines "ordinance". Many acts of recurring application and continuing validity can be labeled "resolution" or "order" in the original records, while others can be entered as statements of consensus without benefit of formal title. Certain acts by the Commissioners were applicable only to specific individuals or were effective for limited periods of time. Examples include contracts entered into by the County, annual appropriation and taxation measures, and the purchase and sale of land by the County. Researchers seeking more information on these topics should consult the Commissioners' Minutes, which are located in the office of the DeKalb County Auditor.

 Due to the fluid definition of "ordinance", the presence of each item in the Code reflects an editorial decision. Others performing this task might have reached a different conclusion regarding the inclusion of any particular item. This Code has tended to be more inclusive of resolutions to insure that all material of general application and continuing validity, only historical value may be found in this Code.

 The DeKalb County Code adopts the system utilized in the Indiana Code, with division of material into title, article, chapters, and sections. To the extent reasonable, applicable DeKalb County ordinances are assigned title numbers in this Code which correspond to the Indiana Code title number for a state statute concerning the same topic. For example, the DeKalb County ordinances establishing speed limits for certain county highways are found at in Title 9 because Title 9 of the Indiana Code authorizes the Board of County Commissioners to establish speed limits on highways under its jurisdiction. This parallel citation system to the extent applicable permits researchers to discern whether DeKalb County has acted on matters also subject to state legislation and to somewhat ease retrieval of county ordinances if there is a working knowledge of the Indiana Code Titles.

 In many instances, state statutes have no county ordinances which parallel their provisions. Since "home rule" grants each county government greater flexibility in choosing the methods best suited to correcting the imperfections of its current laws and addressing community concerns not now foreseen, ordinances containing entirely new subject matter will appear with greater frequency in the future. A large number of titles in the DeKalb County Code have been reserved for these anticipated additions to the body of local law. New material may be inserted into these presently vacant titles without restructuring the body of the Code.

 In other cases, county ordinances have no state statutes which parallel their provisions. These ordinances are assigned DeKalb County Code section numbers which may roughly correspond to State Code section numbers for state statutes dealing with similar or somewhat related subjects.

 A Table of Contents precedes the text of the County Code. An extensive Index follows the text of the County Code to assist users in finding the desired ordinance. The contents of the DeKalb County ordinances are not as integrated into the DeKalb County Code as can be done under comprehensive codification principles and practices. The current DeKalb County Code is a reasonable effort to organize the local law of DeKalb County in such a manner that a regular person and user of the Code will be significantly benefited in locating desired subject matters.

 All future county ordinances are intended to be coherently organized for the benefits of researches and those who undertake the eventual recodification of DeKalb County Law.

 December 1998