CTP Prelim – Law and The Church

  1. List nine (9) laws, or as many as possible if less than nine, concerning clergy that you have found by searching your nearest municipality laws. By municipality, we mean on the village or town level. If there are none, then tell us how you found that out.

I contacted the Elkhart City Clerk and was told that there were no city laws pertaining specifically to clergy, but that I should check the website Amlegal.com to be sure.  I visited the website and did not find any specific clergy or religious related laws on the books.  I did, however find some laws that, while they do not affect clergy specifically, may apply to ADF celebrations and rituals.

City Law #1:  POLLUTION OF, INTERFERENCE WITH WATERS.

(A)   No person shall throw, cast, lay, drop, or discharge into, or leave in the waters used for swimming or waters in any park or in  any storm sewer or drain flowing into the waters, any substance, matter or  thing, liquid or solid, which may or shall result in the pollution of the waters. (Elkhart)

City Law #2: GAMBLING.

No person shall play games of chance, sell fortunes or futures, participate in the conduct of a lottery, use any slot machine, gaming table, or instrument, or bring into any park or have in his or her possession while there, any implements or devices commonly used, or intended to be used, for gambling purposes.

City Law #3 PEDDLING.

(A)   No person in any park or park-street shall exhibit, sell or offer for sale, hire, lease or let out to any person in any park, any object or merchandise, or anything whatsoever, whether corporeal or incorporeal, tickets for entertainments or other affairs of any description included, except under a permit.  No person shall, for advertising or commercial purposes, take moving pictures or photographs within the limits of any park or park-street, except under a permit, or otherwise than in accordance with terms of the permit.  Possession of objects or merchandise in quantities, packages or containers customarily associated with peddling shall be deemed to be prima facie evidence of exhibiting or offering for sale.

(B)   Nothing contained herein shall forbid or prevent the Board of Parks and Recreation in its discretion from granting concession contracts and privileges to any concessionaire or permittee on such terms and conditions as the Board may determine.

City Law #4:  FIRES.

(A)   No person shall kindle, build, maintain or use a fire except in fireplaces provided for the purpose or under special permit.

(B)   Any fire shall be continuously under the care and direction of a competent person over 18 years of age from the time it is kindled until it is extinguished, and no fire shall be built within 10 feet of any tree or building, or beneath the branches of any trees or in any underbrush.  No person shall throw away or discard any lighted match, cigar or cigarette in any park or park-street.

City Law #5:  ALCOHOLIC BEVERAGES AND DRUGS.

No person shall bring dangerous drugs, beer, ale or other alcoholic beverages into any park, or consume, have in possession, sell, give away or handle dangerous drugs or intoxicating or alcoholic beverages in any park or park-street except on written permission from the Board of Parks and Recreation and its duly authorized agents.

City Law #6:  CURFEW.

It shall be unlawful for any person to remain in any park, golf course, playground, picnic, swimming area or pavilion either on foot or in vehicles of any type between 11:00 p.m. and 6:00 a.m. unless otherwise posted, except by permit.

City Law #7:  PARADES AND PUBLIC ASSEMBLIES.

(A)   Permit required. No person shall erect any structure, stand or platform or engage in or conduct any event in any public park or upon any park street unless an event permit is issued by the Board of Parks and Recreation.

City Law #8:  MASKS PROHIBITED.

(A)   No person shall wear a mask, hood or device by which any portion of that person’s face is so hidden, concealed or covered as to conceal the identity of the wearer when the person is upon any public way or public property or upon the private property of another without the written permission of the owner or occupier of the property to do so.

(B)   The following are exempted from the provisions of division (A), above:

(1)   Any person or persons wearing traditional holiday costumes in season;

(2)   Any person or persons engaged in trades or employment or sporting activity where a mask is worn for the purpose of ensuring the physical safety of the wearer, or because of the nature of the trade, employment or sporting activity;

(3)   Any person or persons using masks in theatrical productions including use in Mardi Gras celebrations and masquerade balls;

(4)   Any person or persons wearing gas masks prescribed in emergency management or civil defense drills and exercises or emergencies;

(5)   Any person or persons wearing a mask, hood or other device for bona fide medical reasons upon the advice of a licensed physician or osteopath;

(6)   Any person wearing a mask for protection against inclement weather; and

(7)   Any person or persons, as members or members elect of a society, order or organization, engaged in any parade, public assembly, ritual, initiation, ceremony, celebration, requirement or gathering of such society, order or organization, and wearing or using any manner of costume, paraphernalia, disguise, facial makeup, hood, implement or device, whether the identity of the person or persons is concealed or not, on any public or private street, road, way or property, or in any public building, or on any private property or in any public or private building, for which parade, public assembly, ritual, initiation, ceremony, celebration, requirement or gathering a permit is required by any ordinance or regulation of the city and for which a permit has been obtained.

(C)   For the purposes of this section, a PUBLIC PLACE shall mean any lane, walk, alley, street, road, public way or highway within the city or upon any property owned by a governmental entity of the city.

(D)   Any person violating this section shall, upon conviction, be subject to a civil penalty of not less than $25 and not more than $2,500 for each violation.

City Law #9: OPEN BURNING PROHIBITED.

All open burning shall be prohibited, unless specifically authorized under the terms and conditions of this chapter.  All burning allowed under this chapter must comply with federal and state laws.

(1979 Code, § 101.03)  (Ord. 4338, passed 1-5-1998)

  • 101.04 OPEN BURNING ALLOWED WITHOUT PERMIT OR VARIANCE.

OPEN BURNING ALLOWED WITHOUT PERMIT OR VARIANCE.

(A)   A person shall not be required to obtain a permit or variance for the following types of open burning:

(1)   Burning of vegetation by fire departments and firefighters to create fire breaks for the purpose of extinguishing an existing fire.

(2)   Burning of waste oil resulting from oil well testing conducted in accordance with applicable IDEM regulations.

(3)   Burning by the U.S. Forest Service, U.S. Department of Natural Resources or U.S. Department of the Interior for firefighting or fire prevention purposes, wildlife habitat maintenance, forestry purposes, natural area management or ecosystem management in accordance with applicable IDEM regulations.

(4)   Burning for which approval has been obtained from IDEM, provided that the burning is conducted in accordance with all IDEM conditions and requirements.

(B)   A person shall not be required to obtain a permit or variance for the following types of open burning, provided that the conditions set forth in division (C) below are met:

(1)   The burning of vegetation from a farm, an orchard, a nursery, a tree farm, a cemetery or a drainage ditch;

(2)   The burning of wood products derived from pruning or clearing a roadside by a county highway department; and

(3)   The burning of clean petroleum products for the purpose of maintaining or repairing railroad tracks, including the railroad rights of way, but not including railroad ties.

(C)   Open burning conducted under division (B) must comply with the following conditions:

(1)   A person who open burns any material shall extinguish the fire if the fire creates a nuisance or fire hazard.

(2)   Burning may not be conducted during unfavorable meteorological conditions such as high winds, temperature inversions, or air stagnation.

(3)   All fires must be attended at all times during burning until completely extinguished.

(4)   Asbestos containing materials may not be burned.

(D)   A person shall not be required to obtain a permit or variance in order to burn wood, paper, charcoal, or clean petroleum products for the purpose of preparing food, provided that the following conditions are met:

(1)   Burning must be contained within a safe, sanitary device designed and manufactured for food preparation;

(2)   The fire must be constantly attended by a competent adult of at least 18 years of age equipped with adequate fire fighting equipment.

(3)   A fire shall be extinguished if at any time it creates:

(a)   A pollution problem;

(b)   A threat to public health;

(c)   A nuisance; or

(d)   A fire hazard.

(4)   No burning shall be conducted during unfavorable meteorological conditions such as:

(a)   High winds, temperature inversions or air stagnation;

(b)   When a pollution alert or ozone action day has been declared.

(5)   No fire may be ignited more than two hours before the cooking activity.

(6)   No fire may be used for disposal purposes.

(7)   No fire may take place within 500 feet of any fuel storage area or pipeline.

(1979 Code, § 101.04)  (Ord. 4338, passed 1-5-1998)

  • 101.05 OPEN BURNING REQUIRING PERMIT.

OPEN BURNING REQUIRING PERMIT.

(A)   No person shall kindle or maintain a bonfire or campfire in the city without first obtaining a permit from the city’s Fire Department.  Permits for bonfires or campfires may be issued by the Chief of the city’s Fire Department or his or her designee.  The Fire Department may adopt reasonable rules and regulations regarding the issuance of permits hereunder.  In addition to the minimum conditions, the Chief of the Fire Department or his or her designee may impose such additional conditions upon granting a permit for a bonfire or campfire as may be deemed necessary or desirable.

(B)   Persons kindling or maintaining a bonfire or campfire must comply with the following minimum conditions:

(1)   The bonfire or campfire must be constantly attended by a competent adult of at least 18 years of age equipped with adequate fire fighting equipment.

(2)   A fire shall be extinguished if at any time it creates:

(a)   A pollution problem;

(b)   A threat to public health;

(c)   A nuisance; or

(d)   A fire hazard.

(3)   No burning shall be conducted during unfavorable meteorological conditions such as:

(a)   High winds, temperature inversions or air stagnation; or

(b)   When a pollution alert or ozone action day has been declared.

(4)   No fire shall be ignited more than 2 hours before the recreational or ceremonial activity.

(5)   Only 1 pile may be burned at a time.

(6)   The fire may not be used for disposal purposes.

(7)   The fire may not take place within 500 feet of a fuel storage area or pipeline.

(8)   The bonfire or campfire must be located at least 50 feet from any structure and adequate provisions must be made to prevent the fire from spreading to within 50 feet of any structure.

(1979 Code, § 101.05)  (Ord. 4338, passed 1-5-1998)

PERMIT REQUIRED.

No person shall engage in or conduct any parade or public assembly unless a permit is issued by the President of the Board of Public Works.

(1979 Code, § 102.02)  (Ord. 4375, passed 8-17-1998) Penalty, see § 102.99

  • 102.03 EXCEPTIONS.

EXCEPTIONS.

This chapter shall not apply to the following:

(A)   Funeral processions;

(B)   Students going to and from school classes or participating in educational activities, provided that such conduct is under the immediate direction and supervision of the proper school authorities;

(C)   A governmental agency acting within the scope of its functions; and

(D)   Spontaneous events occasioned by news or affairs coming into public knowledge held within 3 days of such public knowledge; provided that, the organizer thereof gives written notice to the city at least 24 hours prior to such parade or public assembly.

(1979 Code, § 102.03)  (Ord. 4375, passed 8-17-1998)

  • 102.14 PROHIBITIONS.

City Law #10:  GENERAL NOISE REGULATIONS.

(A)   Loud noises prohibited.  No person shall make, continue, or cause to be made or continued any unreasonably loud, raucous, improper, continuous, offensive or unusual noise which disturbs, injures or endangers the reasonable comfort, repose, health, peace or safety of others within the city.

(B)   Prohibited noises.  The following acts, among others, are declared to be loud, raucous or disturbing noises in violation of this section, but such enumeration shall not be deemed to be exclusive:

(1)   The sounding of any horn or signaling device on any automobile, motorcycle or other vehicle on any street or public place except as a danger warning; the creation by means of any such signaling device of any unreasonably loud and raucous sound; and any such signaling device for an unreasonable period of time;  (The use of any signaling device except 1 operated by hand, electricity, or automatically when a vehicle is in reverse; the use of any horn, whistle or other device operated by engine exhaust; and the use of any such signaling device when traffic is for any reason held up.)

(2)   Using, operating or permitting to be played, used or operated, any radio receiving set, musical instrument, phonograph or other machine or device for the producing or reproducing of sound in such a manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or at any time louder volume than is necessary for convenient hearing for the person who is in the room, vehicle or chamber in which such machine or device is operated, and who is a voluntary listener;  (The operation of any such set, instrument, phonograph, machine or device, in such a manner as to be plainly audible at a distance of 35 feet from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this section.)

(3)   Using, operating or permitting to be played, used or operated any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for the producing of sound which is cast upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or structure;

(4)   Yelling, hooting, whistling or singing on the public streets,  or at any time or place, so as to annoy or disturb the quiet, comfort or repose of persons in any office or in any dwelling, hotel or other type of residence or of any person in the vicinity;

(5)   The keeping of any animal or bird which by causing frequent or long-continued noise shall disturb the comfort or repose of any person in the vicinity;

(6)   The discharge into the open air of the exhaust of any steam engine, stationary internal-combustion engine, motorboat or motor vehicle except through a muffler or other device which will effectively prevent loud or explosive noises therefrom;

(7)   The use of any automobile, motorcycle, or other vehicle so out of repair, so loaded, or in such a manner as to create unreasonably loud and unnecessary engine noise, grating, grinding, rattling or other noise;

(8)   The operation of any motor vehicle or motorcycle in such a manner as to create excessive noise such as squealing of tires or other noise unrelated to engine noise or normal operation and noise created by unnecessary grinding, rattling or other vehicle disrepair;

(9)   The creation of an unreasonably  loud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates and containers;

(10)   The erection (including excavating), demolition, alteration or repair of any building, other than between the hours of 5:30 a.m. and 9:00 p.m., except in case of urgent necessity in the interest of public health and safety, and then only with a permit from the Building Commissioner;  (The permit may be granted for a period not to exceed 3 days or less while the emergency continues, and may be renewed for a period of 3 days or less while the emergency continues. If the Building Commissioner shall determine that the public health and safety will not be impaired by the erection, demolition, alteration or repair of any building or the excavation of streets and highways within the hours of 9:00 p.m. and 5:30 a.m., and further determines that loss or inconvenience would result to any party in interest, he may grant permission for such work to be done within the hours of 9:00 p.m. and 5:30 a.m., upon application being made at the time the permit for work is awarded or during the progress of the work.)

(11)   The creation of any unreasonably loud or raucous noise on any street adjacent to any school, institution of learning, church or court, while the same are in use, or adjacent to any hospital, which unreasonably interferes with the workings of such institution, or which unduly disturbs patients in the hospital, provided conspicuous signs are displayed in such streets indicating that the same is a school, hospital or court street;

(12)   The shouting and crying of peddlers, hawkers and vendors which disturbs the reasonable peace and quiet of the neighborhood;

(13)   The use of any drum or other instrument or device for the purpose of attracting attention by creation of noise to any performance, show or sale;

(14)   The transportation of rails, pillars or columns of iron, steel or other materials over and along streets and other public places upon carts, drays, cars, trucks or in any other manner, loaded so as to cause loud and raucous noises so as to disturb the reasonable peace and quiet of such streets or other public places;

(15)   The operation between the hours of 9:00 p.m. and 6:00 a.m. of any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist or other appliance, the use of which is attended by unreasonably loud or unusual noise;

(16)   The operation of any noise-creating blower or power fan or any internal-combustion engine, the operation of which causes unreasonably loud and raucous noise due to the explosion of operating gases or fluids, unless the noise from the blower or fan is muffled and the engine is equipped with a muffler device sufficient to deaden the noise;

(17)   Any noise that exceeds a noise level of 83 dBA based on a distance from the noise source of not less than 15 feet, or any noise that can be heard more than 35 feet from its source and is inherently obnoxious or patently offensive shall be prima facie evidence of a noise prohibited by division (A) of this section. Noise that creates less decibels than 83 dBA from 15 feet also constitutes noise prohibited by division (A) if the noise otherwise constitutes a prohibited noise stated at division (B) of this section.  Further, there is not any decibel measurement  requirement to prove the existence of a noise prohibited by division (A).

(18)   Operation by a business of outdoor public address systems within 500 feet of any residence.

(C)   It shall be the duty of every homeowner, hotel manager, tavern or inn keeper, the owner or manager of any business in the city or motor vehicle driver to prevent persons using property under their control from violating this section.

(1979 Code, § 95.45)  (Ord. 4178, passed 10-3-1994; Am. Ord. 4433, passed 7-12-1999; Am. Ord. 5116, passed 7-7-2008 )  Penalty, see § 95.999

NOISE LIMIT.

(1)   It shall be unlawful for any person to cause noise levels from the operation or use of motor vehicles in excess of 83 dB(A) in any area within the corporation limits of the city at any time.

(2)   The noise level limit shall be measured at a distance of not less than 15 feet from the noise source.

(1979 Code, § 95.46)  (Ord. 4178, passed 10-3-1994; Am. Ord. 4433, passed 7-12-1999 ; Am. Ord. 5116, passed 7-7-2008 )  Penalty, see § 95.999

  • 95.097 EXEMPTIONS.

EXEMPTIONS.

The provisions of §§ 95.095 and 95.096 shall not apply to the emission of sound for the purpose of alerting persons to the existence of an emergency, or the emission of sound in the performance of work to prevent or alleviate physical or property damage threatened or caused by a public calamity or other emergency, or to outside school activities sponsored by a school located within the boundaries of the city.

(1979 Code, § 95.47)  (Ord. 4178, passed 10-3-1994)

  • 95.098 PERMITS FOR SPECIAL EXCEPTIONS.

PERMITS FOR SPECIAL EXCEPTIONS.

(A)   The Board of Public Works shall have the authority to issue permits that allow deviation from the requirements of §§ 95.095 and 95.096 for:

(1)   Holidays, celebrations, concerts, parades or other special events, public or personal;

(2)   Persons who demonstrate that bringing the source of sound or activity for which the permit is sought into compliance with the provisions of §§ 95.095 and 95.096 would constitute an unreasonable hardship on the applicant, the community or other persons; and that the adverse impact on the health, safety and welfare of persons affected by the permit has been outweighed by the hardship; and  (Permits may contain any conditions, including a time limit, that are necessary to limit the adverse impact of the activity.)

(3)   Noncompliance with any condition of the permit shall terminate and subject the person holding it to the provisions of this division.

(B)   The Board of Public Works shall issue guidelines defining the procedures to be followed in applying for a permit and the specific criteria to be considered in deciding whether to issue a permit.  The Board shall also determine fees for those permits to be issued.

(1979 Code, § 95.48)  (Ord. 4178, passed 10-3-1994)

  1. If there is a body of laws between the municipality laws and the state/provincial laws where you live, list nine (9) laws, or as many as possible if less than nine, concerning clergy, that you have found by searching this area.

I contacted the Elkhart County Clerk and was told that there were no county laws pertaining to clergy, but that I should check the website Amlegal.com to be sure.  I visited the website and did not find any specific clergy or religious related laws on the books, however, like the city ordinances, there are some county laws that may apply to ADF gatherings even though they do not deal specifically with clergy members.  The county ordinances are very similar to the city ordinances.

§ 93.015 POSSESSION OR USE OF ALCOHOLIC BEVERAGES PROHIBITED.

County Law #1:  POSSESSION OR USE OF ALCOHOLIC BEVERAGES PROHIBITED.

It shall be unlawful for any person to bring any alcoholic beverage into any park or in any park to use, consume, sell, give away or have in his or her possession any alcoholic beverage.

(Ord. 12-177, passed 4-2-2012)  Penalty, see § 93.999

§ 93.016 POSSESSION OF WEAPONS AND EXPLOSIVES PROHIBITED.

County Law #2:  POSSESSION OF WEAPONS AND EXPLOSIVES PROHIBITED.

Except as hereinafter provided, it shall be unlawful for any person in any park to have in his or her possession or use any missile propelling device, firework as defined in I.C. 22-11-14-1, bomb, explosive device, knife or any object that can reasonably be considered a weapon other than firearms as defined by I.C. 35-47-1-5, firearm accessories as defined by I.C. 35-47-15.1 and ammunition as defined by I.C. 35-47-1-2.5. This chapter does not prohibit the possession and use of bows and arrows within the designated archery ranges or transportation of bows and arrows to and from the designated archery ranges provided that such use and transportation is in strict conformance with any rules posted at such archery range. This chapter does not prohibit the possession and use of model rockets or planes in outdoor areas of the parks. This chapter does not prohibit the possession and use of kitchen knives and flatware by, or under the supervision of, adults for purposes of food preparation and dining. This chapter does not prohibit the possession and use of a weapon in accord with a specific permit issued by the Director of the Park Department or by the Park Board. State law (I.C. 36-10-3-39) prohibits a person from discharging a firearm into or inside a park. State law (I.C. 35-47-9-2) prohibits a person from possessing a firearm in or on property that is being used by a school for a school function.

(Ord. 12-177, passed 4-2-2012)  Penalty, see § 93.999

§ 93.017 FIRE AND SMOKING MATERIAL USE RESTRICTIONS.

County Law #3:  FIRE AND SMOKING MATERIAL USE RESTRICTIONS.

(A)   A person may kindle, build, stoke, light, maintain or use a fire within any park, provided that it:

(1)   Is constructed and maintained only with safe, appropriate, ordinary, natural, untreated materials;

(2)   Is in a fireplace, furnace, oven, range or other non-combustible container with sides and bottom sufficient to prevent the spread of fire or flames;

(3)   Is, if outside, a minimum of six feet away from any building, facility or combustible vegetation; and

(4)   Shall be continuously monitored and cared for from kindling to complete extinguishment by a competent person. In addition, a person may kindle, build, stoke, light, maintain or use a fire within any park in strict compliance with a specific permit issued by the Director of the Park Department. It shall be unlawful for any person to kindle, build, stoke, light, maintain or use a fire within any park except as hereinabove authorized.

(B)   It shall be unlawful for any person to smoke within any enclosed building within a park.

(C)   It shall be unlawful for any person to toss, drop, throw away, deposit or otherwise discard ashes, coals, used matches or smoking materials upon the ground, in waters or in trash containers within any park except in a fireplace or other appropriate container as defined in division (A)(2) above or in a receptacle designed and designated for the deposit of such materials.

(Ord. 12-177, passed 4-2-2012)  Penalty, see § 93.999

§ 93.018 INFLICTING INJURY TO WILDLIFE PROHIBITED.

County Law #4:  INFLICTING INJURY TO WILDLIFE PROHIBITED.

Except as hereinafter provided, it shall be unlawful for any person within a park to kill, wound, hunt, trap, shoot, throw rocks or missiles at, chase, molest or remove any feral mammal, reptile, amphibian or bird, or knowingly to buy, receive, have in his or her possession, sell or give away any such mammal, reptile, amphibian, bird or egg so killed or taken within any park. This chapter does not prohibit the harvesting for personal use of appropriate amounts of fish by fishing methods which are continuously attended and monitored. This chapter does not prohibit the hunting or trapping of certain species under restricted conditions as a wildlife management tool in accord with a specific permit issued by the Director of the Park Department or by the Park Board.

(Ord. 12-177, passed 4-2-2012)  Penalty, see § 93.999

§ 93.019 RELEASE OR ROAMING OF PETS OR OTHER ANIMALS PROHIBITED.

County Law #5:  RELEASE OR ROAMING OF PETS OR OTHER ANIMALS PROHIBITED.

(A)   It shall be unlawful for any person to bring into or possess within any park a pet or other domesticated animal unless the pet or other domesticated animal is:

(1)   Either:

(a)   Continuously restrained by a firmly held or attached leash that is of sufficient length, but not longer than six feet;

(b)   Secured in a fully enclosed confinement; or

(c)   Within a specifically designated and posted “Pets Exercise Area” in compliance with any posted rules at such site.

(2)   Not designated by an ordinance of the Board of Commissioners of the county as a dangerous animal.

(B)   Except as hereinafter provided, it shall be unlawful for any person to bring or possess any pet or other animal inside any park building or other park site which is specifically designated and posted as a “No Pets” area. This chapter does not prohibit a disabled person from using an animal specifically trained to assist that person anywhere within a park. This chapter does not prohibit the possession or use of a pet or other animal in accord with a specific permit issued by the Director of the Park Department.

(C)   It shall be unlawful for any person knowingly to cause or direct the abandonment or unlimited release in any park of any animal except in accord with a specific permit issued by the Director of the Park Department.

(Ord. 12-177, passed 4-2-2012)  Penalty, see § 93.999

County Law #6:   REMOVAL, ALTERATION OR CULTIVATION OF ANY PLANT MATERIAL PROHIBITED.

(A)   Except as hereinafter provided, it shall be unlawful for any person to harvest, collect, dig up, cut, trim, break, set fire to, disturb or otherwise damage any vegetation within any park. This chapter does not prohibit a person from harvesting ripe fruit, nuts or mushrooms in amounts appropriate for immediate consumption or use by the person or his or her family except in areas specifically designated and posted as “No Harvest” areas. This chapter does not prohibit the harvesting of dead, dried and above-ground remains of herbaceous plants in amounts appropriate for personal use except in areas specifically designated and posted as “No Harvest” areas. This chapter does not prohibit any work or activities of employees of the Park Department. This chapter does not prohibit work or activities undertaken in accord with a specific permit issued by the Director of the Park Department or by the Park Board. A written contract with the Park Board shall be deemed such a permit.

(B)   Except as hereinafter provided, it shall be unlawful for any person knowingly to plant, deposit, cultivate or place within any park any vegetation or seed thereof. This chapter does not prohibit any work or activities of employees of the Park Department. This chapter does not prohibit work or activities undertaken in accord with a specific permit issued by the Director of the Park Department or by the Park Board. A written contract with the Park Board shall be deemed such a permit.

(Ord. 12-177, passed 4-2-2012)  Penalty, see § 93.999

§ 93.021 IMPROPER USE OF REFUSE DISPOSAL RECEPTACLES AND EXCAVATING PROHIBITED.

County Law#7: IMPROPER USE OF REFUSE DISPOSAL RECEPTACLES AND EXCAVATING PROHIBITED.

(A)   Except as hereinafter provided, it shall be unlawful for any person to bring refuse (as that term is defined by I.C. 35-45-3-2(b)) into a park and to deposit the refuse within the park in a park refuse disposal receptacle. This chapter does not prohibit the proper use of park refuse disposal receptacles for the deposit of refuse resulting from any recreational activity, including food service incidental thereto, which takes place within a park.

(B)   Except as hereinafter provided, it shall be unlawful for any person to displace, excavate, carry away, otherwise remove or modify the arrangement of any soil, sand, gravel, stone, rock, asphalt or other ground surface material within any park. This chapter does not prohibit recreational or ground surface transportation activities which incidentally result in the displacement of soil or other ground surface materials. This chapter does not prohibit any work or activities of employees of the Park Department. This chapter does not prohibit work or activities undertaken in accord with a specific permit issued by the Director of the Park Board or by the Park Board. A written contract with the Park Board shall be deemed such a permit.

(Ord. 12-177, passed 4-2-2012)  Penalty, see § 93.999

§ 93.022 MISCELLANEOUS PROHIBITIONS.

County Law#8: MISCELLANEOUS PROHIBITIONS.

It shall be unlawful for any person within any park to:

(A)   Disobey an order or interfere with the duty of a uniformed park ranger;

(B)   Disobey or disregard the notices, prohibitions, instructions or directions posted on any park sign. This includes, but is not limited to, the rules and regulations for shelters, pavilions, playground areas, museums, recreation centers, zoological or botanical facilities;

(C)   Solicit alms, subscriptions or contributions without the written permission of the Park Board;

(D)   Advertise or promote publicly any commercial product without the written permission of the Park Board;

(E)   Photograph for promotion or sale any commercial product or commercial event without the written permission of the Park Board;

(F)   Engage in hang gliding, rappelling from towers or any other use of the trees, towers or other structures for technical climbing activities;

(G)   Pitch or maintain a tent or other improvised shelter for the purpose of overnight camping without a permit issued by the Director of the Park Department;

(H)   Swim in any lakes or rivers within the jurisdiction of the Park Board; and

(I)   Ride a horse off-road except in those areas specifically designed or designated for their use.

(Ord. 12-177, passed 4-2-2012)  Penalty, see § 93.999

§ 93.023 VEHICLE USE RESTRICTIONS.

County Law#9: VEHICLE USE RESTRICTIONS.

(A)   The maximum speed of any vehicle operated within a park boundary is limited to 15 mph. It shall be unlawful for any person to operate a vehicle in excess of this speed limit.

(B)   No person shall cause or permit any vehicle under his or her control to obstruct traffic or access to gates.

(C)   No person shall operate a vehicle within any park area except upon roadways or other areas specifically designated for vehicle traffic.

(D)   No person shall cause a vehicle to enter or leave any park area except at established entrances or exits.

(E)   No person shall park a vehicle in any park area not designated or designed for parking use.

(F)   No person shall park a vehicle in an area designated as “Unloading Only” or “Temporary Parking” and leave the same unattended for a period exceeding 15 minutes.

(Ord. 12-177, passed 4-2-2012)  Penalty, see § 93.999

§ 93.024 LIMITATIONS ON ACCESS AND USE OF PARK AREAS/FACILITIES.

County Law#10: LIMITATIONS ON ACCESS AND USE OF PARK AREAS/FACILITIES.

(A)   Any use of any park area or facility outside the posted access hours is prohibited without a written permit issued by the Director of the Park Department.

(B)   No vehicle shall be operated or left in a park area outside the posted access hours without a written permit issued by the Director of the Park Department. Any vehicle left on park premises after hours without such authorization may be towed from the park without further notice to the owner or operator. The registered owner will be responsible for any towing and storage fees.

(C)   No person shall use or occupy any park shelter or facility while posted as reserved for some specific organized function or group of persons unless such person has been authorized to do so by the responsible person designated in the written reservation agreement.

(D)   If the Park Board has established a fee for entrance to a park area or facility, no person shall enter or use such park area or facility without first having paid such fee unless such person is an employee of the Park Department or exempt from the fee by resolution of the Park Board.

(Ord. 12-177, passed 4-2-2012)  Penalty, see § 93.999

§ 93.025 WATERCRAFT USE RESTRICTIONS.

County Law#11: LOUD NOISES PROHIBITED.

(A)   General rule.  No person shall make, continue or cause to be made or continued any loud, raucous, improper, unreasonable, offensive or unusual noise which disturbs, injures or endangers the comfort, repose, health, peace or safety of others persons within the unincorporated areas of the county (“county area”).

(B)   Specific prohibitions.  The following acts among others, are declared to be loud, raucous or disturbing noises in violation of this section, but such enumeration shall not be deemed to be exclusive:

(1)   The sounding of any horn, whistle or signaling device (“signaling device”) on any automobile, motorcycle or other vehicle on any street or public place except as a danger warning; the creation by means of any such signaling device of any continuous or repeated unreasonably loud or raucous sound; the use of any signaling device or other device operated by engine exhaust creating any continuous or repeated unreasonably loud or raucous sounds; and/or the use of any such signaling device when motor vehicle traffic upon a public way is for any reason held up, stalled or delayed, for any reason other than as a danger warning. The operation of any such signaling device in such a manner as to be plainly audible at a distance of 50 feet from the vehicle in which it is located after a termination request shall be prima facie evidence of a violation of this division (B)(1), though no termination request shall be required for the issuance of a citation under § 94.99 if the operation of any signaling device is constant, continued or repeated except as a danger warning. Further, the operation of any such signaling device which shall violate the decibel base prohibition standards of division (C) below shall be prima facie evidence of a violation of this chapter, irrespective of whether a termination request has been made or presented;

(2)   Using, operating or permitting to be played, used or operated, any radio receiving set, musical instrument, phonograph, boom box or other machine or device for the producing or reproducing of sound (“sound machine”) in such an unreasonable manner as to disturb the peace, quiet and comfort of the neighboring inhabitants, or at any time creating or causing louder volume than is necessary for convenient hearing for the person(s) who is a voluntary listener and who is in the room, vehicle or chamber in which such sound machine is operated. The use, operation or permitting of its use or operation, of any such sound machine in such a manner as to be plainly audible at a distance of 50 feet from the building, structure or vehicle in which it is located after a termination request shall be prima facie evidence of a violation of this division (B)(2), though no termination request shall be required for the issuance of a citation under § 94.99 if the use, operation or permitting of any such use or operation, of such sound machine is constant, continued or repeated. Further, the use, operation or permitting of the use or operation of any such sound machine in contravention of the decibel base prohibition of division (C) below, shall be prima facie evidence of a violation of this chapter, irrespective of whether a termination request has been made or presented;

(3)   Using, operating or permitting to be played, used or operated any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for the producing of sound which is cast upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or structure (“public address device”) in a continuous or repeated unreasonably loud and raucous manner after a termination request. The use, operation or the permitting of the use or operation of such of such public address device in such a manner to be plainly audible at a distance of 50 feet from the building, structure, vehicle or other site in which it is located after a termination request shall be prima facie evidence a violation of this division (B)(3). Further, such use, operation or permitted use or operation of such a public address device in contravention of the decibel base prohibition of division (C) below, shall be prima facie evidence of a violation of this chapter, irrespective of whether a termination request has been made or presented;

(4)   The keeping of any animal which by causing unreasonable frequent or long-continued noise shall disturb the comfort or repose of any person in the county area after a termination request;

(5)   The use of any automobile, motorcycle or other vehicle (“motor vehicle”) so out of repair, to include a failed, broken or defective muffler or exhaust system, or so loud, or in any other way misused or defective, so as to create an unreasonable sound and/or unnecessary engine noise, or grating, grinding, rattling or other noise. The use of any such motor vehicle in such a manner or condition such that the noise created by such use shall be plainly audible at a distance of 50 feet from the vehicle after a termination request shall be prima facie evidence of a violation of this division (B)(5), though no termination request shall be required for the issuance of a citation under § 94.99 if the noise emanating from such motor vehicle is constant, continued or repeated. Further, such operation of any such motor vehicle creating a noise which shall violate the decibel base prohibition standards of division (C) below shall be prima facie evidence of a violation of this chapter, irrespective of whether a termination request has been made or presented;

(6)   The operation of any motor vehicle in such a manner as to create an unreasonable or excessive noise by the squealing of tires, the rapid acceleration of the vehicle or the revving of the engine. Further, such operation of any such motor vehicle creating a noise which shall violate the decibel base prohibition standards of division (C) below shall be prima facie evidence of a violation of this chapter;

(7)   The creation of an unreasonably loud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates and containers after a termination request. The creation of any such noise in such a manner as to be plainly audible at a distance of 50 feet from the building, structure or vehicle in which it is located after a termination request shall be prima facie evidence of a violation of this division (B)(7). Further, the creation of any

such noise which shall violate the decibel base prohibition standards of division (C) below shall be prima facie evidence of a violation of this chapter, irrespective of whether a termination request has been made or presented; and

(8)   The creation of any unreasonably loud or raucous noise on any street or in any area adjacent to a school, institution of learning, church, court facility or hospital or medical facility (“institution”), while the same is in use, which noise unreasonably interferes with the workings of such institution, or persons or patients thereat, provided conspicuous signs are displayed in adjoining streets and/or area to the institution stating a prohibition on such noise, after a termination request. The creation of any such noise in the area of an institution in such a manner as to be plainly audible at a distance of 50 feet from the point of creation of the same after a termination request shall be prima facie evidence of a violation of this division (B)(8). Further, the creation of such noise impacting an institution which shall violate the decibel base prohibition standards of division (C) below shall be prima facie evidence of a violation of this chapter, irrespective of whether a termination request has been made or presented.

(C)   Decibel based prohibition.  In addition to the prohibitions at divisions (B)(1) through (B)(8) above, the following acts are declared to be loud, raucous or disturbing noises in violation of this section, based on decibel (dB).

(1)   Any noise that exceeds a level of 83 dBA based on a distance from the noise source of not less than 15 feet, and irrespective of the 50 feet standard set forth in divisions (B)(1) through (B)(8) above, shall be prima facie evidence of a noise prohibited by this section.

(2)   All provisions of division (C)(1) above to the contrary notwithstanding, noise that creates fewer decibels than 83 dBA from 15 feet also constitutes noise prohibited by this section if such noise otherwise constitutes a prohibited noise stated in this section. Further, there is not any decibel measurement requirement necessary to prove the existence of a noise prohibited by section.

(D)   Additional prohibitions unrelated to termination request or dBA level.

(1)   The operation by a business of outdoor public address systems within 500 feet of any residence; and

(2)   The idling of a tractor as defined by I.C. 9-13-2-180, as from time to time amended, between the hours of 9:00 p.m. and 6:00 a.m. within 500 feet of any residence.

(E)   Control of property.  It shall be the duty of every home owner, hotel manager, tavern or inn keeper, the owner or manager of any business in the county, or motor vehicle driver to prevent persons using property under their control from violating this section.

(Prior Code, § 36-8-2-8)  (Ord. 06-100, passed 3-6-2006, 06 COM REC 99–106; Ord. 06-520, passed 9-5-2006, 06 COM REC 520–527; Ord. 2013-407, passed 8-19-2013)  Penalty, see § 94.99

  • 94.04 EXEMPTIONS.

EXEMPTIONS.

The provisions of § 94.03 shall not apply to the emission of sound:

(A)   For the purpose of alerting persons to the existence of an emergency;

(B)   In the performance of work to prevent or alleviate physical or property damage threatened or caused by a public calamity or other emergency;

(C)   As part of outside school activities sponsored by a school located within the county area;

(D)   As part of outside sporting events, concerts, festivals, fairs or other public events which are sponsored, permitted or authorized by any governmental entity;

(E)   From equipment or operations utilized for agricultural purposes within a county area zoned for agriculture;

(F)   From equipment or operations utilized for permitted or authorized manufacturing purposes within a county area zoned for, or subject to a special use permit or variance for, such permitted manufacturing purposes;

(G)   For, the use, discharge or ignition of consumer firework(s) in the county area during the following periods (all local time):

(1)   Between the hours of 5:00 p.m. and two hours after sunset on June 29, June 30, July 1, July 2, July 3, July 5, July 6, July 7, July 8, and July 9;

(2)   Between the hours of 10:00 a.m. and 12:00 midnight on July 4; and

(3)   Between the hours of 10:00 a.m. on December 31 and 1:00 a.m. on January 1.

(Prior Code, § 36-8-2-8)  (Ord. 06-100, passed 3-6-2006, 06 COM REC 99–106; Ord. 06-520, passed 9-5-2006, 06 COM REC 520–527; Ord. 2013-407, passed 8-19-2013)

  • 94.05 PERMITS FOR VARIANCES.
  1. List nine (9) laws concerning clergy that you have found by searching your state/provincial laws.

Because some of these codes are lengthy, I have highlighted the portions of the code that deal with clergy.

State Law #1: Authority to Solemnize Marriages

Persons authorized to solemnize marriages

Sec. 1. Marriages may be solemnized by any of the following:

(1) A member of the clergy of a religious organization (even if the cleric does not perform religious functions for an individual congregation), such as a minister of the gospel, a priest, a bishop, an archbishop, or a rabbi.

(2) A judge.

(3) A mayor, within the mayor’s county.

(4) A clerk or a clerk-treasurer of a city or town, within a county in which the city or town is located.

(5) A clerk of the circuit court.

(6) The Friends Church, in accordance with the rules of the Friends Church.

(7) The German Baptists, in accordance with the rules of their society.

(8) The Bahai faith, in accordance with the rules of the Bahai faith.

(9) The Church of Jesus Christ of Latter Day Saints, in accordance with the rules of the Church of Jesus Christ of Latter Day Saints.

(10) An imam of a masjid (mosque), in accordance with the rules of the religion of Islam.

State Law #2: Mental Health Counselors; Unlawful Practices

Unlawful practices

Sec. 1. (a) An individual may not:

(1) profess to be a licensed mental health counselor;

(2) use the title:

(A) “licensed mental health counselor”;

(B) “mental health counselor”; or

(C) “mental health therapist”;

(3) use any other words, letters, abbreviations, or insignia indicating or implying that the individual is a licensed mental health counselor; or (4) practice mental health counseling for compensation; unless the individual is licensed under this article, IC 25-22.5, or IC 25-33.

(b) An individual may not:

(1) profess to be a licensed mental health counselor associate;

(2) use the title:

(A) “licensed mental health counselor associate”;

(B) “mental health counselor associate”; or

(C) “mental health therapist associate”;

(3) use any other words, letters, abbreviations, or insignia indicating or implying that the individual is a licensed mental health counselor associate; or (4) practice mental health counseling for compensation; unless the individual is licensed under this article, IC 25-22.5, or

IC 25-33.

As added by P.L.147-1997, SEC.46. Amended by P.L.84-2010,

SEC.56.

Exemptions

Sec. 2. (a) This article may not be construed to limit the mental health counseling services performed by a person who does not use  a title specified in this article and who is one (1) of the following:

(1) A licensed or certified health care professional acting within the scope of the person’s license or certificate.

(2) A student, an intern, or a trainee pursuing a course of study in medicine, psychology, or a course of study to gain licensure under this article in an accredited eligible postsecondary

educational institution or training institution, or is a graduate accumulating experience required for licensure if:

(A) the services are performed under qualified supervision and constitute a part of the person’s supervised course of study or other level of supervision; and (B) the student or graduate uses a title that contains the term “intern” or “trainee”.

(3) Not a resident of Indiana if the person performed the services in Indiana for not more than five (5) days in any one (1) month or fifteen (15) days within any one (1) calendar year and

the person is authorized to perform such services under the laws of the state or country in which the person resides.

(4) A rabbi, priest, Christian Science practitioner, minister, or other member of the clergy.

(5) An employee or a volunteer for an organization performing charitable, religious, or educational functions, providing pastoral counseling, or providing other assistance.

(6) A person who provides school counseling or a person who is certified by a state or national organization that is recognized by the Indiana division of mental health and addiction and who

provides counseling in the areas of alcohol or drug abuse addictions.

(7) A governmental employee who remains in the same job classification or job family of that job classification.

(b) Nothing in this section prohibits a person referred to in subsection (a) from qualifying for licensure under this article.

As added by P.L.147-1997, SEC.46. Amended by P.L.244-1999,

SEC.3; P.L.215-2001, SEC.103; P.L.2-2007, SEC.332.

State Law #3: Addiction Counselors and Therapists; Unlawful

Practices; Penalty

Prohibited use of certain titles; practice without license; exemptions

Sec. 1. (a) Beginning July 1, 2010, an individual may not:

(1) profess to be a licensed addiction counselor or licensed

clinical addiction counselor;

(2) use the title:

(A) “licensed addiction counselor”;

(B) “licensed clinical addiction counselor”;

(C) “licensed clinical addiction therapist”;

(D) “licensed addiction therapist”;

(E) “addiction counselor”;

(F) “addiction therapist”;

(G) “clinical addiction counselor”;

(H) “clinical addiction therapist”;

(I) “substance abuse counselor”;

(J) “substance abuse therapist”;

(K) “clinical substance abuse counselor”; or

(L) “clinical substance abuse therapist”;

(3) use any other title containing the words:

(A) “licensed addiction counselor”;

(B) “licensed addiction therapist”;

(C) “licensed clinical addiction counselor”;

(D) “licensed clinical addiction therapist”;

(E) “addiction counselor”;

(F) “addiction therapist”;

(G) “clinical addiction counselor”;

(H) “clinical addiction therapist”;

(I) “substance abuse counselor”;

(J) “substance abuse therapist”;

(K) “clinical substance abuse counselor”; or

(L) “clinical substance abuse therapist”;

(4) use any other:

(A) words;

(B) letters;

(C) abbreviations; or

(D) insignia;

indicating or implying that the individual is a licensed addiction counselor or licensed clinical addiction counselor; or

(5) practice as an addiction counselor or clinical addiction counselor for compensation; unless the individual is licensed under this article.

(b) Subsection (a)(5) does not apply to a person who is described in section 2(a) or 3 of this chapter.

(c) An individual who is exempt from licensing under section 2(a)(4) of this chapter may use the title “pastoral addiction counselor” and may engage in the practice of addiction counseling for

compensation.

As added by P.L.122-2009, SEC.28.

Practice by individuals who are not licensed

Sec. 2. (a) This article may not be construed to limit addiction counselor or clinical addiction counselor services performed by a person who does not use a title specified in this article and who is any of the following:

(1) A licensed or certified health care professional acting within the scope of the person’s license or certificate, including a:

(A) social worker licensed under this article;

(B) clinical social worker licensed under this article;

(C) marriage and family therapist licensed under this article;

(D) mental health counselor licensed under this article;

(E) psychologist licensed under IC 25-33;

(F) physician licensed under IC 25-22.5; or

(G) nurse licensed under IC 25-23; and who has training and experience in addiction counseling.

(2) A student, an intern, or a trainee pursuing a course of study in medicine or psychology or a course of study to gain licensure under this article:

(A) in an accredited eligible postsecondary educational institution or training institution accredited by the Council for Accreditation of Counseling and Related Educational Programs;

(B) through a National Association of Alcohol and Drug Abuse Counselors approved academic education provider; or

(C) by a graduate accumulating experience required for licensure if:

(i) the services are performed under qualified supervision and constitute a part of the person’s supervised course of study or other level of supervision; and

(ii) the student or graduate uses a title that contains the term “intern”, “student”, or “trainee”.

(3) A nonresident of Indiana if the person performs addiction counseling or therapy in Indiana for not more than:

(A) five (5) days in any one (1) month; or (B) fifteen (15) days in any one (1) calendar year;

and the person is authorized to perform such services under the laws of the state or country in which the person resides.

(4) A rabbi, priest, Christian Science practitioner, minister, or other member of the clergy.

(5) An employee or a volunteer for an organization performing charitable, religious, or educational functions or providing pastoral counseling or other assistance.

(6) A person who provides school counseling.

(7) A governmental employee who remains in the same job classification or job family of that job classification.

(8) An employee of a court alcohol and drug program, a drug court, or a reentry court certified by the Indiana Judicial Center when performing assigned job duties.

(9) A probation officer when performing assigned job duties.

(b) This section does not prohibit a person referred to in subsection (a) from qualifying for licensure under this article.

State Law #4: Social Worker; Unlawful Practices; Penalty

Unlawful practices

Sec. 1. An individual may not:

(1) profess to be a social worker, licensed social worker, or

licensed clinical social worker;

(2) use the title:

(A) “social worker”;

(B) “licensed social worker”;

(C) “licensed clinical social worker”;

(D) “clinical social worker”;

(E) “psychiatric social worker”; or

(F) “psychosocial worker”;

(3) use any other title containing the words “social worker”, “licensed social worker”, or “licensed clinical social worker”;

(4) use any other words, letters, abbreviations, or insignia indicating or implying that the individual is a social worker, licensed social worker, or licensed clinical social worker; or

(5) practice as a social worker, licensed social worker, or clinical social worker for compensation;

unless the individual is licensed under this article.

As added by P.L.186-1990, SEC.9. Amended by P.L.147-1997,

SEC.39; P.L.84-2010, SEC.55.

Exemptions

Sec. 2. (a) This article may not be construed to limit the social work or clinical social work services performed by a person who does not use a title specified in this article and who is one (1) of the following:

(1) A licensed or certified health care professional acting within the scope of the person’s license or certificate.

(2) A student, an intern, or a trainee pursuing a course of study in medicine, psychology, or a course of study to gain licensure under this article in an accredited eligible postsecondary

educational institution or training institution accredited by the Council on Social Work Education, or a graduate accumulating experience required for licensure if:

(A) the services are performed under qualified supervision and constitute a part of the person’s supervised course of study or other level of supervision; and

(B) the student or graduate uses a title that contains the term “intern”, “student”, or “trainee”.

(3) Not a resident of Indiana if the person performed social work in Indiana for not more than five (5) days in any one (1) month or more than fifteen (15) days in any one (1) calendar year and

the person is authorized to perform such services under the laws of the state or country in which the person resides.

(4) A rabbi, priest, Christian Science practitioner, minister, or other member of the clergy.

(5) An employee or a volunteer for an organization performing charitable, religious, or educational functions, providing pastoral counseling, or other assistance.

(6) A person who provides school counseling.

(7) A governmental employee who remains in the same job classification or job family of that job classification.

(b) Nothing in this section prohibits a person referred to in subsection (a) from qualifying for licensure under this article.

As added by P.L.186-1990, SEC.9. Amended by P.L.147-1997,

SEC.40; P.L.244-1999, SEC.2; P.L.215-2001, SEC.101; P.L.2-2007,

SEC.331; P.L.122-2009, SEC.27.

 

 

State Law #5: Certified Marriage and Family Therapists;

Unlawful Practices; Penalty

Unlawful practices

Sec. 1. (a) An individual may not:

(1) profess to be a licensed marriage and family therapist;

(2) use the title:

(A) “licensed marriage and family therapist”;

(B) “marriage and family therapist”; or

(C) “family therapist”;

(3) use any other words, letters, abbreviations, or insignia indicating or implying that the individual is a licensed marriage and family therapist; or

(4) practice marriage and family therapy for compensation; unless the individual is licensed under IC 25-22.5, IC 25-23.6-8-1, or IC 25-33.

(b) An individual may not:

(1) profess to be a licensed marriage and family therapist associate;

(2) use the title:

(A) “licensed marriage and family therapist associate”;

(B) “marriage and family therapist associate”; or

(C) “family therapist associate”;

(3) use any other words, letters, abbreviations, or insignia indicating or implying that the individual is a licensed marriage and family therapist associate; or (4) practice marriage and family therapy for compensation; unless the individual is licensed under IC 25-22.5, IC 25-23.6-8-1.5, or IC 25-33.

(c) Subsections (a)(4) and (b)(4) do not apply to a person who is described in section 2(a) of this chapter.

As added by P.L.186-1990, SEC.9. Amended by P.L.147-1997,

SEC.35; P.L.134-2008, SEC.36.

Exemptions

Sec. 2. (a) This article may not be construed to limit the marriage and family therapy services performed by a person who does not use a title specified in this article and who is one (1) of the following:

(1) A licensed or certified health care professional acting within the scope of the person’s license or certificate.

(2) A student, an intern, or a trainee pursuing a course of study in medicine or psychology or a course of study to gain licensure under this article in an accredited eligible postsecondary

educational institution or training institution if:

(A) the activities are performed under qualified supervision and constitute a part of the person’s supervised course of study or other level of supervision; and

(B) the student uses a title that contains the term “intern” or “trainee”.

(3) Not a resident of Indiana if the person performed services in Indiana for not more than five (5) days in any one (1) month and not more than fifteen (15) days in any one (1) calendar year and

the person is authorized to perform such services under the laws of the state or country in which the person resides.

(4) A rabbi, priest, Christian Science practitioner, minister, or other member of the clergy.

(5) An employee of or a volunteer for a nonprofit corporation or an organization performing charitable, religious, or educational functions, providing pastoral counseling or other assistance.

(6) A person who provides school counseling or a person who is certified by a state or national organization that is recognized by the Indiana division of mental health and addiction and who

provides counseling in the areas of alcohol or drug abuse addictions.

(b) Nothing in this section prohibits a person referred to in subsection (a) from qualifying for licensure under this article.

As added by P.L.186-1990, SEC.9. Amended by P.L.147-1997,

SEC.36; P.L.215-2001, SEC.100; P.L.2-2007, SEC.330;

P.L.134-2008, SEC.37.

 

State Law #6: Interference with General Government Operations

Perjury

Sec. 1. (a) A person who:

(1) makes a false, material statement under oath or affirmation, knowing the statement to be false or not believing it to be true; or

(2) has knowingly made two (2) or more material statements, in a proceeding before a court or grand jury, which are inconsistent to the degree that one (1) of them is necessarily false;

commits perjury, a Level 6 felony.

(b) In a prosecution under subsection (a)(2):

(1) the indictment or information need not specify which statement is actually false; and

(2) the falsity of a statement may be established sufficiently for conviction by proof that the defendant made irreconcilably contradictory statements which are material to the point in

question.

As added by P.L.126-2012, SEC.54. Amended by P.L.158-2013,

SEC.501.

State Law #7: Obstruction of justice

Sec. 2. (a) A person who:

(1) knowingly or intentionally induces, by threat, coercion, false statement, or offer of goods, services, or anything of value, a witness or informant in an official proceeding or investigation

to:

(A) withhold or unreasonably delay in producing any testimony, information, document, or thing;

(B) avoid legal process summoning the person to testify or supply evidence; or

(C) absent the person from a proceeding or investigation to which the person has been legally summoned;

(2) knowingly or intentionally in an official criminal proceeding or investigation:

(A) withholds or unreasonably delays in producing any testimony, information, document, or thing after a court orders the person to produce the testimony, information, document, or thing;

(B) avoids legal process summoning the person to testify or supply evidence; or

(C) absents the person from a proceeding or investigation to which the person has been legally summoned;

(3) alters, damages, or removes any record, document, or thing, with intent to prevent it from being produced or used as evidence in any official proceeding or investigation;

(4) makes, presents, or uses a false record, document, or thing with intent that the record, document, or thing, material to the point in question, appear in evidence in an official proceeding

or investigation to mislead a public servant; or (5) communicates, directly or indirectly, with a juror otherwise than as authorized by law, with intent to influence the juror regarding any matter that is or may be brought before the juror; commits obstruction of justice, a Level 6 felony.

(b) Subsection (a)(2)(A) does not apply to:

(1) a person who qualifies for a special privilege under IC 34-46-4 with respect to the testimony, information, document, or thing; or

(2) a person who, as:

(A) an attorney;

(B) a physician;

(C) a member of the clergy; or

(D) a husband or wife;

is not required to testify under IC 34-46-3-1.

As added by P.L.126-2012, SEC.54. Amended by P.L.158-2013,

SEC.502.

 

State Law #8: Additional members of a local domestic violence fatality review

team

Sec. 11. In accordance with the ordinance adopted under section 10 of this chapter, a local domestic violence fatality review team may have the following additional members:

(1) A clergy member.

(2) A representative of county government.

(3) A representative from a county health department.

(4) A representative from a local bar association.

(5) A defense attorney.

(6) An educator.

(7) A probation officer.

(8) A representative from the business community.

(9) An animal control officer.

(10) An attorney who represents victims of domestic violence.

(11) A provider of a batterers intervention program.

As added by P.L.181-2003, SEC.6.

 

State Law #9: Mandatory Disclosure by Social Workers and

Clinical Social Workers

Application of chapter

Sec. 1. (a) This chapter applies to an individual licensed under this

article.

(b) This chapter does not apply to:

(1) physicians licensed under IC 25-22.5;

(2) nurses licensed under IC 25-23;

(3) psychologists licensed under IC 25-33; or

(4) attorneys licensed to practice law in Indiana;

when providing counseling services within the scope of practice for

which they are licensed.

As added by P.L.186-1990, SEC.9. Amended by P.L.140-1993,

SEC.5; P.L.147-1997, SEC.58.

School counselors; application of chapter

Sec. 2. This chapter does not apply to school counselors who provide counseling services at the following:

(1) An elementary or secondary school accredited by the state board of education.

(2) A state educational institution.

As added by P.L.186-1990, SEC.9. Amended by P.L.2-2007,

SEC.335.

Pastoral counseling; application of chapter

Sec. 3. This chapter does not apply to a minister, a volunteer, or an employee of a nonprofit organization performing charitable, religious, or educational assistance or giving pastoral counseling.

As added by P.L.186-1990, SEC.9.

 

State Law #10: Regulation of Psychologists; Creation of Board

Exempt persons

Sec. 1.1. (a) Subject to subsection (b), this article exempts a person who does not profess to be a psychologist and who is:

(1) a licensed marriage and family therapist;

(2) a licensed social worker or a licensed clinical social worker;

(3) a licensed mental health counselor;

(4) a minister, priest, rabbi, or other member of the clergy providing pastoral counseling or other assistance;

(5) a licensed or certified health care professional;

(6) a licensed attorney;

(7) a student, an intern, or a trainee pursuing a course of study in psychology in an accredited postsecondary educational institution or training institution if the psychology activities are

performed under qualified supervision and constitute a part of the person’s supervised course of study or other level of supervision as determined by the board;

(8) an employee of or a volunteer for a nonprofit corporation or an organization performing charitable, religious, or educational functions, providing pastoral counseling or other assistance; or

(9) any other certified or licensed professional.

(b) To be exempt under this article, a person described under subsection (a)(1), (a)(2), (a)(3), (a)(5), (a)(6), (a)(7) or (a)(9) must provide services:

(1) within the scope of the person’s practice, license, education, and training; and

(2) according to any applicable ethical standards of the person’s profession.

As added by P.L.140-1993, SEC.7. Amended by P.L.184-1997,

SEC.1; P.L.2-2007, SEC.343; P.L.197-2007, SEC.87.

 (Repealed by P.L.249-1985, SEC.18.)

3.List nine (9) laws concerning clergy that you have found by searching your national laws.

            Some of these laws are very lengthy.  When needed, I have only provided those parts of the law that relates to clergy.

National Law #1 26 U.S. Code § 107 – Rental value of parsonages

In the case of a minister of the gospel, gross income does not include—

(1) the rental value of a home furnished to him as part of his compensation; or

(2) the rental allowance paid to him as part of his compensation, to the extent used by him to rent or provide a home and to the extent such allowance does not exceed the fair rental value of the home, including furnishings and appurtenances such as a garage, plus the cost of utilities.

National Law #2 20 U.S. Code § 1087vv – Definitions

Education – Student Assistance

As used in this part:

(a) Total income

(1)

(A) Except as provided in subparagraph (B) and paragraph (2), the term “total income” is equal to adjusted gross income plus untaxed income and benefits for the preceding tax year minus excludable income (as defined in subsection (e) of this section).

(B) Notwithstanding section 1087rr (a) of this title, the Secretary may provide for the use of data from the second preceding tax year when and to the extent necessary to carry out the simplification of applications (including simplification for a subset of applications) used for the estimation and determination of financial aid eligibility. Such simplification may include the sharing of data between the Internal Revenue Service and the Department, pursuant to the consent of the taxpayer.

(2) No portion of any student financial assistance received from any program by an individual, no portion of veterans’ education benefits received by an individual, no portion of a national service educational award or post-service benefit received by an individual under title I of the National and Community Service Act of 1990 (42 U.S.C. 12511 et seq.), no portion of any tax credit taken under section 25A of title 26, and no distribution from any qualified education benefit described in subsection (f)(3) that is not subject to Federal income tax, shall be included as income or assets in the computation of expected family contribution for any program funded in whole or in part under this chapter and part C of subchapter I of chapter 34 of title 42.

(b) Untaxed income and benefits

(1) The term “untaxed income and benefits” means—

(A) child support received;

(B) workman’s compensation;

(C) veteran’s benefits such as death pension, dependency, and indemnity compensation, but excluding veterans’ education benefits as defined in subsection (c);

(D) interest on tax-free bonds;

(E) housing, food, and other allowances (excluding rent subsidies for low-income housing) for military, clergy, and others (including cash payments and cash value of benefits), except that the value of on-base military housing or the value of basic allowance for housing determined under section 403 (b) of title 37 received by the parents, in the case of a dependent student, or the student or student’s spouse, in the case of an independent student, shall be excluded;

National Law #3 47 CFR 90.31 – Scope. FCC

The Industrial/Business Radio Pool covers the licensing of the radio communications of entities engaged in commercial activities, engaged in clergy activities, operating educational, philanthropic, or ecclesiastical institutions, or operating hospitals, clinics, or medical associations. Rules as to eligibility for licensing, frequencies available, permissible communications and classes and number of stations, and any special requirements are set forth in the following sections.

National Law #4 28 CFR 551.16 – Marriage ceremony in the institution.

Crimes and Criminal procedure

  • 551.16 Marriage ceremony in the institution.

(a) The Warden may approve the use of institution facilities for an inmate’s marriage ceremony. If a marriage ceremony poses a threat to the security or good order of the institution, the Warden may disapprove a marriage ceremony in the institution. The Warden may not delegate the authority to approve or to disapprove a marriage ceremony in the institution below the level of Acting Warden.

(b) Expenses for a marriage ceremony in the institution shall be paid by the inmate, the inmate’s intended spouse, the inmate’s family, or other appropriate source approved by the Warden. The Warden may not permit appropriated funds to be used for the marriage ceremony, except for those inherent in providing the place and supervision for the event. Upon request of the inmate, Bureau of Prisons or community clergy, or a justice of the peace may be authorized to assist in a marriage ceremony at the institution.

(1) The marriage ceremony may be performed by Bureau of Prisons or community clergy, or by a justice of the peace.

(2) Because of ecclesiastical constraints, Bureau of Prisons chaplains may decline to perform the marriage ceremony. Upon request of the inmate, a Bureau chaplain will assist that inmate in preparing for an approved marriage; for example, by providing, or arranging for an inmate to receive, pre-nuptial marriage counseling.

(c) The Warden shall require that a marriage ceremony at the institution be a private ceremony conducted without media publicity.

National Law #5 42 CFR 411.104 – Current employment status.

(a) General rule.An individual has current employment status if—

(1) The individual is actively working as an employee, is the employer (including a self-employed person), or is associated with the employer in a business relationship; or

(2) The individual is not actively working and—

(i) Is receiving disability benefits from an employer for up to 6 months (the first 6 months of employer disability benefits are subject to FICA taxes); or

(ii) Retains employment rights in the industry and has not had his employment terminated by the employer, if the employer provides the coverage (or has not had his membership in the employee organization terminated, if the employee organization provides the coverage), is not receiving disability benefits from an employer for more than 6 months, is not receiving disability benefits from Social Security, and has GHP coverage that is not pursuant to COBRA continuation coverage (26 U.S.C. 4980B; 29 U.S.C. 1161-1168; 42 U.S.C. 300bb-1 et seq.). Whether or not the individual is receiving pay during the period of nonwork is not a factor.

(b) Persons who retain employment rights.For purposes of paragraph (a)(2) of this section, persons who retain employment rights include but are not limited to—

(1) Persons who are furloughed, temporarily laid off, or who are on sick leave;

(2) Teachers and seasonal workers who normally do not work throughout the year; and

(3) Persons who have health coverage that extends beyond or between active employment periods; for example, based on an hours bank arrangement. (Active union members often have hours bank coverage.)

(c) Coverage by virtue of current employment status.An individual has coverage by virtue of current employment status with an employer if—

(1) the individual has GHP or LGHP coverage based on employment, including coverage based on a certain number of hours worked for that employer or a certain level of commissions earned from work for that employer at any time; and

(2) the individual has current employment status with that employer, as defined in paragraph (a) of this section.

(d) Special rule: Self-employed person.A self-employed individual is considered to have GHP or LGHP coverage by virtue of current employment status during a particular tax year only if, during the preceding tax year, the individual’s net earnings, from work in that year related to the employer that offers the group health coverage, are at least equal to the amount specified in section 211(b)(2) of the Act, which defines “self-employment income” for social security purposes.

(e) Special Rule: members of religious orders and members of clergy—

(1) Members of religious orders who have not taken a vow of poverty. A member of a religious order who has not taken a vow of poverty is considered to have current employment status with the religious order if—

(i) The religious order pays FICA taxes on behalf of that member; or

(ii) The individual is receiving cash remuneration from the religious order.

(2) Members of religious orders who have taken a vow of poverty.A member of a religious order whose members are required to take a vow of poverty is not considered to be employed by the order if the services he or she performs as a member of the order are considered employment only because the order elects social security coverage under section 3121(r) of the IRC. This exemption applies retroactively to services performed as a member of the order, beginning with the effective dates of the MSP provisions for the aged and the disabled, respectively. The exemption does not apply to services performed for employers outside of the order.

(3) Members of the clergy. A member of the clergy is considered to have current employment status with a church or other religious organization if the individual is receiving cash remuneration from the church or other religious organization for services rendered.

(f) Special rule: Delayed compensation subject to FICA taxes. An individual who is not working is not considered an employee solely on the basis of receiving delayed compensation payments for previous periods of work even if those payments are subject to FICA taxes (or would be subject to FICA taxes if the employer were not exempt from paying those taxes). For example, an individual who is not working in 1993 and receives payments subject to FICA taxes for work performed in 1992 is not considered to be an employee in 1993 solely on the basis of receiving those payments.

National Law #6 28 CFR 540.45 – Qualification as special visitor.

Crimes and Criminal Procedure – Bureau of Prisons

  • 540.45 Qualification as special visitor.

Persons in the categories listed in this section may qualify as special visitors rather than as regular visitors. Visits by special visitors ordinarily are for a specific purpose and ordinarily are not of a recurring nature. Except as specified, the conditions of visiting for special visitors are the same as for regular visitors.

(a) Business visitor.Except for pretrial inmates, an inmate is not permitted to engage actively in a business or profession. An inmate who was engaged in a business or profession prior to commitment is expected to assign authority for the operation of such business or profession to a person in the community. Pretrial inmates may be allowed special visitors for the purpose of protecting the pretrial inmate’s business interests. In those instances where an inmate has turned over the operation of a business or profession to another person, there still may be an occasion where a decision must be made which will substantially affect the assets or prospects of the business. The Warden accordingly may permit a special business visit in such cases. The Warden may waive the requirement for the existence of an established relationship prior to confinement for visitors approved under this paragraph.

(b) Consular visitors.When it has been determined that an inmate is a citizen of a foreign country, the Warden must permit the consular representative of that country to visit on matters of legitimate business. The Warden may not withhold this privilege even though the inmate is in disciplinary status. The requirement for the existence of an established relationship prior to confinement does not apply to consular visitors.

(c) Representatives of community groups.The Warden may approve visits on a recurring basis to representatives from community groups (for example, civic, volunteer, or religious organizations) who are acting in their official capacity. These visits may be for the purpose of meeting with an individual inmate or with a group of inmates. The requirement for the existence of an established relationship prior to confinement for visitors does not apply to representatives of community groups.

(d) Clergy, former or prospective employers, sponsors, and parole advisors. Visitors in this category ordinarily provide assistance in release planning, counseling, and discussion of family problems. The requirement for the existence of an established relationship prior to confinement for visitors does not apply to visitors in this category.

National Law #7 42 CFR 418.64 – Condition of participation: Core services.

Public Health and Welfare

  • 418.64 Condition of participation: Core services.

A hospice must routinely provide substantially all core services directly by hospice employees. These services must be provided in a manner consistent with acceptable standards of practice. These services include nursing services, medical social services, and counseling. The hospice may contract for physician services as specified in paragraph (a) of this section. A hospice may use contracted staff, if necessary, to supplement hospice employees in order to meet the needs of patients under extraordinary or other non-routine circumstances. A hospice may also enter into a written arrangement with another Medicare certified hospice program for the provision of core services to supplement hospice employee/staff to meet the needs of patients. Circumstances under which a hospice may enter into a written arrangement for the provision of core services include: Unanticipated periods of high patient loads, staffing shortages due to illness or other short-term temporary situations that interrupt patient care; and temporary travel of a patient outside of the hospice’s service area.

(3) Spiritual counseling.The hospice must:

(i) Provide an assessment of the patient’s and family’s spiritual needs.

(ii) Provide spiritual counseling to meet these needs in accordance with the patient’s and family’s acceptance of this service, and in a manner consistent with patient and family beliefs and desires.

(iii) Make all reasonable efforts to facilitate visits by local clergy, pastoral counselors, or other individuals who can support the patient’s spiritual needs to the best of its ability.

(iv) Advise the patient and family of this service.

National Law #8 26 CFR 301.9100-7T – Time and manner of making certain elections under the Tax Reform Act of 1986.

  • 301.9100-7T Time and manner of making certain elections under the Tax Reform Act of 1986.

(a) Miscellaneous elections—

(1) Elections to which this paragraph applies.This paragraph applies to the elections set forth below provided under the Tax Reform Act of 1986 (the Act). General rules regarding the time for making the elections are provided in paragraph (a)(2) of this section. General rules regarding the manner for making the elections are provided in paragraph (a)(3) of this section. Special rules regarding the time and manner for making certain elections are contained in paragraphs (a) through (i) of this section. If a special rule applies to one of the elections listed below, a cross-reference to the special rule is shown in brackets at the end of the description of the “Availability of Election.” Paragraph (j) of this section provides that additional information with respect to elections may be required by future regulations or revenue procedures.

Section of Act Section of Code Description of Election Availability of Election
1704(b) Election to revoke prior election under Code section 1402(e) (relating to exemption from social security taxes for certain clergy) Remuneration received in taxable years ending on or after October 22, 1986. [See paragraph (h) of this section.]

(h) Revocation of the election for exemption from social security taxes by certain clergy—

(1) In general. This paragraph applies to the election under Act section 1704(b) to revoke an election under section 1402(e)(1) of the Code by a duly ordained, commissioned, or licensed minister of a church, a member of a religious order (other than a member of a religious order who has taken a vow of poverty as a member of such order), or a Christian Science practitioner. Only elections which are effective for the taxable year containing October 22, 1986 may be revoked under this paragraph.

(2) Time for revoking the election. The election shall be revoked by filing Form 2031 before the date on which the individual becomes entitled to benefits under sections 202(a) or 223 of the Social Security Act (without regard to sections 202(j)(1) or 223(b) of such Act), and not later than the due date of the Federal income tax return (including any extension thereof) for the individual’s first taxable year beginning after October 22, 1986.

(3) Manner of revoking the election.To revoke an election under section 1402(e)(1), the individual shall file Form 2031 in accordance with the instructions accompanying that form. The revocation shall be made effective, as designated by the individual on the form, either with respect to the individual’s first taxable year ending on or after October 22, 1986, or with respect to the individual’s first taxable year beginning after October 22, 1986.

(4) Special rules for payment of self-employment taxes with respect to certain taxable years ending on or after October 22, 1986—

National Law #9 8 CFR 204.5 – Petitions for employment-based immigrants.

Aliens and Nationality

  • 204.5 Petitions for employment-based immigrants.

(m) Religious workers.This paragraph governs classification of an alien as a special immigrant religious worker as defined in section 101(a)(27)(C) of the Act and under section 203(b)(4) of the Act. To be eligible for classification as a special immigrant religious worker, the alien (either abroad or in the United States) must:

(1) For at least the two years immediately preceding the filing of the petition have been a member of a religious denomination that has a bona fide non-profit religious organization in the United States.

(2) Be coming to the United States to work in a full time (average of at least 35 hours per week) compensated position in one of the following occupations as they are defined in paragraph (m)(5) of this section:

(i) Solely in the vocation of a minister of that religious denomination;

(ii) A religious vocation either in a professional or nonprofessional capacity; or

(iii) A religious occupation either in a professional or nonprofessional capacity.

(3) Be coming to work for a bona fide non-profit religious organization in the United States, or a bona fide organization which is affiliated with the religious denomination in the United States.

(4) Have been working in one of the positions described in paragraph (m)(2) of this section, either abroad or in lawful immigration status in the United States, and after the age of 14 years continuously for at least the two-year period immediately preceding the filing of the petition. The prior religious work need not correspond precisely to the type of work to be performed. A break in the continuity of the work during the preceding two years will not affect eligibility so long as:

(i) The alien was still employed as a religious worker;

(ii) The break did not exceed two years; and

(iii) The nature of the break was for further religious training or for sabbatical that did not involve unauthorized work in the United States. However, the alien must have been a member of the petitioner’s denomination throughout the two years of qualifying employment.

(5) Definitions.As used in paragraph (m) of this section, the term:

Bona fide non-profit religious organization in the United States means a religious organization exempt from taxation as described in section 501(c)(3) of the Internal Revenue Code of 1986, subsequent amendment or equivalent sections of prior enactments of the Internal Revenue Code, and possessing a currently valid determination letter from the IRS confirming such exemption.

Bona fide organization which is affiliated with the religious denomination means an organization which is closely associated with the religious denomination and which is exempt from taxation as described in section 501(c)(3) of the Internal Revenue Code of 1986, subsequent amendment or equivalent sections of prior enactments of the Internal Revenue Code and possessing a currently valid determination letter from the IRS confirming such exemption.

Denominational membership means membership during at least the two-year period immediately preceding the filing date of the petition, in the same type of religious denomination as the United States religious organization where the alien will work.

Minister means an individual who:

(A) Is fully authorized by a religious denomination, and fully trained according to the denomination’s standards, to conduct such religious worship and perform other duties usually performed by authorized members of the clergy of that denomination;

(B) Is not a lay preacher or a person not authorized to perform duties usually performed by clergy;

(C) Performs activities with a rational relationship to the religious calling of the minister; and

(D) Works solely as a minister in the United States, which may include administrative duties incidental to the duties of a minister.

Petition means USCIS Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, a successor form, or other form as may be prescribed by USCIS, along with a supplement containing attestations required by this section, the fee specified in 8 CFR 103.7(b)(1), and supporting evidence filed as provided by this part.

Religious denomination means a religious group or community of believers that is governed or administered under a common type of ecclesiastical government and includes one or more of the following:

(A) A recognized common creed or statement of faith shared among the denomination’s members;

(B) A common form of worship;

(C) A common formal code of doctrine and discipline;

(D) Common religious services and ceremonies;

(E) Common established places of religious worship or religious congregations; or

(F) Comparable indicia of a bona fide religious denomination.

Religious occupation means an occupation that meets all of the following requirements:

(A) The duties must primarily relate to a traditional religious function and be recognized as a religious occupation within the denomination.

(B) The duties must be primarily related to, and must clearly involve, inculcating or carrying out the religious creed and beliefs of the denomination.

(C) The duties do not include positions that are primarily administrative or support such as janitors, maintenance workers, clerical employees, fund raisers, persons solely involved in the solicitation of donations, or similar positions, although limited administrative duties that are only incidental to religious functions are permissible.

(D) Religious study or training for religious work does not constitute a religious occupation, but a religious worker may pursue study or training incident to status.

Religious vocation means a formal lifetime commitment, through vows, investitures, ceremonies, or similar indicia, to a religious way of life. The religious denomination must have a class of individuals whose lives are dedicated to religious practices and functions, as distinguished from the secular members of the religion. Examples of individuals practicing religious vocations include nuns, monks, and religious brothers and sisters.

Religious worker means an individual engaged in and, according to the denomination’s standards, qualified for a religious occupation or vocation, whether or not in a professional capacity, or as a minister.

(9) Evidence relating to the qualifications of a minister.If the alien is a minister, the petitioner must submit the following:

(i) A copy of the alien’s certificate of ordination or similar documents reflecting acceptance of the alien’s qualifications as a minister in the religious denomination; and

(ii) Documents reflecting acceptance of the alien’s qualifications as a minister in the religious denomination, as well as evidence that the alien has completed any course of prescribed theological education at an accredited theological institution normally required or recognized by that religious denomination, including transcripts, curriculum, and documentation that establishes that the theological institution is accredited by the denomination, or

(iii) For denominations that do not require a prescribed theological education, evidence of:

(A) The denomination’s requirements for ordination to minister;

(B) The duties allowed to be performed by virtue of ordination;

(C) The denomination’s levels of ordination, if any; and

(D) The alien’s completion of the denomination’s requirements for ordination.

  1. How do laws of your nation, state, or local areas respond to Paganism and Neo-Pagan clergy? Are there laws that prohibit certain functions our clergy usually serve (such as divination, counseling, or conducting marriages or funerals)? Does your country implicitly or explicitly state that Neo-Pagans cannot have clergy, or that they cannot perform certain functions or receive similar rights as those from other religions?

In the list of laws that I found, there was no differentiation between Pagan and Neo-Pagan clergy and that of other religions, although I did find it interesting that in Indiana law Christian Scientist, LDS, Bahai, and The German Baptists, The Friends Church and Imams were named separately from other members of the clergy.  Other than that, all members of clergy were treated the same.

There are statues of the books regarding “selling of fortunes” in public parks.  These would affect Pagans in general if they wanted to hold an event in a public park that had readers as vendors.

  1. Looking at those laws listed in questions 1 – 4 and how they affect you, are there any specific laws that seem out of place, unfair, or unjust? What is the avenue for change to these laws, and do you see change to these particular laws as necessary?

The laws that are on the books with regard to religion and clergy seem to be fair and equal.  They do not single out one religion or type of clergy for special treatment or persecution.  Should a law appear that needs to be changed, it would have to be changed by the governing council be it city, county state or national.  The elected officials would have to make the decision and that could take quite a bit of time.

  1. How do you see these laws affecting how you serve your Grove, ADF, or the community as a whole?

A lot of the laws at the more local levels are common courtesy.  The noise codes are there so that no one disturbs anyone else.  The alcohol codes for parks are probably what would affect us the most, but there are non-alcoholic beverages that can be used for the waters of life.  If people see us respecting these laws, I believe that the community at large will have a more positive reaction to what, in Northern Indiana at least, is a strange and mysterious religion.

  1. What is the difference between pastoral counseling and other kinds of counseling, and does the law differentiate between these types? What sort of license do you require in your state in order to perform counseling of any type? Does divination fall into this sort of counseling?

In Indiana there is no explicate definition of pastoral counseling so, to me, that means that if you want to use a type of divination with the person that you are counseling, then that would be permitted.  If you want to label yourself as a Counselor, Psychologist, etc., you must be board certified and registered with the state or you would be in violation of State law.

  1. Describe the mandatory reporting laws in your area and how they affect you as a clergyperson. Explain the process you would go through to file a report if it were necessary.

Mandatory reporting in Indiana is cover in Indiana Code 31-33 Chapter 5.  The basic law states:

In  addition  to  any  other duty  to  report  arising  under this

article,  an  individual  who has  reason  to  believe  that  a  child  is  a  victim

of  child  abuse  or  neglect  shall  make  a  report  as  required  by  this

article.

 

Basically, in Indiana any person who has reason to suspect that a child is being abused is required to report the suspected abuse as soon as they possibly can.  The law goes on to address who to report to.  For example, if a person encounters a child they feel may be suffering from abuse during the course of his or her professional life, they should report the abuse to their supervisor immediately.  If the person is not sure who they should report the abuse to, they can call 1-800-800-5556 which is a toll free abuse reporting hotline.

 

  1. What are the rules regarding outside worship for any local military base, and what happens if a soldier on that base wants access to a priest who is not in the military or not a military chaplain? If there are no local military bases, what are the general rules?

I spoke to Bill Shelnut who works with the Director of Religions Education at Fort Hood.  Per Bill, members of the military are allowed to practice their personal religions whether or not there is a chaplain of the same faith on site.  Fort Hood has Open Circle which is a Distinctive Faith Group for its Pagan servicemen and women.  According to Bill, anyone, civilian or enlisted, can go through the certification process to become a leader of a Distinctive Faith Group.  Once certified, these leaders may lead services or rituals on base for service men and women.  He did state that if there was a Chaplain of a certain faith on base, then there could not also be a Distinctive Faith Group.

  1. What are the regulations and options for prison ministry in your county and state?

Indiana Code 11-11 Chapter 4 dealers with prison ministry.  The code states:

Confined person’s rights

Sec. 1. (a) A confined person is entitled to believe in the religion

of his choice; and attendance at religious services or belief in any

religion is not required. To the greatest extent possible, consistent

with the security of facilities and programs and departmental

resources, a confined person is entitled:

(1) to a diet sufficient to sustain good health, consistent with the

dietary practices of his religion;

(2) to observe the religious days of worship or holidays of his

religion;

(3) to possess and wear religious artifacts;

(4) to receive and possess religious literature; and

(5) to communicate, correspond with, and be visited by a clergyman

or religious  counselor of his choice.

(b) Except at a confined person’s request, the department may not

release information about his religious practices or affiliation in a

way that would be individually identifiable.

As added by Acts 1979, P.L.120, SEC.4.

IC 11-11-4-2

Supervision and control to maintain sanitary, safe, and secure

environment

Sec. 2. The department may supervise and control the hygiene,

grooming, and attire of confined offenders to the extent reasonably

necessary to maintain a sanitary, safe, and secure environment.

As added by Acts 1979, P.L.120, SEC.4.

In summary, an inmate is free to believe and practice their choice of religions so long as that practice does not interfere with the operation of the prison or compromise its security and that the prison will allow clergy of their particular religion to visit and/or contact the prisoner.

Works Cited

“Elkhart, Indiana Code of Ordinances”. American Legal Publishing Corporation. Web.

10/13/2014

“Elkhart County, Indiana Code of Ordinances”. American Legal Publishing Corporation.

Web. 10/13/2014

Indiana General Assembly, Indiana Code. State of Indiana. Web. 10/13/2014

IRS.  US Department of the Treasury. Web.  4/05/2015

Legal Information Institute Website. Cornell University Law School. Web. 4/05/2015

Tax Guide for Churches and Religious Organizations, Publication 1828. US Department of

the Treasury. PDF. 4/5/2015.

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