Sec. 11. (a) Except for the recommendation required by subsection (b)(3), the county legislative body may designate one (1) or more:

(1) infrastructure agencies; or

Terms Used In Indiana Code 36-8-21.5-11

  • department: refers to :

    Indiana Code 36-8-21.5-1

  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Month: means a calendar month, unless otherwise expressed. See Indiana Code 1-1-4-5
  • planned siren: refers to a siren that satisfies all of the following:

    Indiana Code 36-8-21.5-5

  • report: refers to a siren coverage report prepared by a county under section 11 of this chapter. See Indiana Code 36-8-21.5-6
  • severe weather: means :

    Indiana Code 36-8-21.5-7

  • siren: means a siren that can be activated within a specified range to warn residents of an occurrence or imminent threat of severe weather. See Indiana Code 36-8-21.5-8
  • Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5
(2) other departments, divisions, or agencies;

to prepare a siren coverage report.

     (b) A siren coverage report must include the following:

(1) A description of all existing and planned severe weather warning sirens in the county as of the date of the report. For each severe weather warning siren identified, the following information must be included:

(A) The location of the siren within the county, including an identification of any political subdivision in which the siren is or will be located. The information provided under this clause must include a map depicting the location of each siren within the county.

(B) The following technical and other specifications for the siren:

(i) The manufacturer and model year.

(ii) For an existing siren, the date of installation.

(iii) For a planned siren, the planned dates for installation and first operation.

(iv) The range of the siren, identified in miles or some other appropriate measure of distance.

(v) The number of persons living within the range identified under item (iv), as determined by the most recent federal census block data available.

(vi) For an existing siren, siren activation data for the most recent twelve (12) month period, including the date of each activation and whether the siren was activated for testing purposes or for an actual severe weather event. If an existing siren has been in operation for less than twelve (12) months, the data required by this item must cover all activations occurring since the date the siren first came online.

(vii) For an existing siren, the siren’s failure rate, as determined from the data reported under item (vi).

(2) An identification of the areas in the county that are not within the range of an existing or a planned siren. For each area identified under this subdivision, the following information must be included:

(A) The number of persons living in the area, as determined by the most recent federal census block data available.

(B) Any development planned for the area, as determined through consultation with all appropriate planning agencies. The information required by this clause must include:

(i) the type of development proposed;

(ii) the number of new dwelling units or other buildings proposed; and

(iii) the status of the proposal, including the status of any needed permits or approvals.

(3) Subject to subsection (e), a recommendation by the county legislative body as to the county’s need for any additional sirens, other than those sirens identified as planned sirens under subdivision (1). The county legislative body may recommend under this subdivision additional sirens to provide coverage for:

(A) any of the areas identified under subdivision (2) as not within the range of an existing or a planned siren; or

(B) any area identified under subdivision (1) as within the range of an existing siren, if the county legislative body determines that the existing siren does not provide consistent or adequate coverage for the area, based on the existing siren’s failure rate, as determined under subdivision (1)(B)(vii).

     (c) In making a recommendation under subsection (b)(3), the county legislative body:

(1) may consult with the department; and

(2) shall consult with each:

(A) infrastructure agency; and

(B) planning agency;

with jurisdiction in an area identified by the county legislative body as needing one (1) or more sirens.

     (d) Before adopting the siren coverage report prepared under this section, the county legislative body must do the following:

(1) Give notice of and hold at least one (1) public hearing on the report.

(2) Publish, in accordance with IC 5-3-1, a schedule stating the time and place of each hearing. The schedule must also state where the entire report is on file and may be examined in its entirety for at least ten (10) days before the hearing.

     (e) After considering any comments made at the hearing required by subsection (d), the county legislative body shall:

(1) adopt the report:

(A) as originally proposed; or

(B) as modified by the county legislative body after the hearing required by subsection (d); and

(2) submit the report to the department.

As added by P.L.89-2008, SEC.1.