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D-1968-09 Fireworks Regulations As Amended SPONSOR Councilor(s) Sharp and Accetturo ORDINANCE D- 1968 -09 (AS AMENDED) AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, AMENDING CHAPTER 6, ARTICLE 5, DIVISION VIII, SECTIONS 6 -158 (a) and 6- 158(b)(7) OF THE CARMEL CITY CODE WHEREAS, the City of Carmel, Indiana City") currently has Enacted and in effect a noise ordinance, codified as Cannel City Code Section 6 -158, and WHEREAS, it is in the public interest to amend City Code Sections 6 158(a) and 6 158(b)(7) to regulate sounds associated with the use of legal fireworks within the City s corporate limits NOW, THEREFORE, IT IS AGREED AND ORDAINED by the Common Council of the City of Carmel, Indiana, as follows Section 1 The foregoing Recitals are incorporated herein by this reference Section 2 Chapter 6, Article 5 Division VIII, Section 6 158(a) of the Carmel City Code should be and the same is hereby amended, in part, to read as follows °Sec 6 158(a) No person shall play, use or operate any machine, device or thing that produces or reproduces sound, including but not limited to loudspeakers radios CD players television sets, musical instruments phonographs and cassette players and fireworks, nor operate any motor vehicle that contains a modified or defective exhaust system if such machine tool vehicle or thing is located in or on any of the following Section 3 Chapter 6, Article 5, Division VIII, Section 6- 158(b)(7) of the Carmel City Code should be and the same is hereby amended, in part to read as follows 'Sec 6 158(b)(7) Sounds associated with the use of legal consumer fireworks dunng the following days and times a Between the hours of 5 00 p m and 12 00 midnight on June 29 June 30 July 1, July 2 July 3 July 5, July 6 July 7 July 8 and July 9 b Between the hours of 10 00 a m and 12 00 midnight on July 4th c Between the hours of 1000 a m on December 31u and 100 a m on January 1M Page One of Three Pages This Ordinance was prepared by Douglas C Haney Carmel City Attorney Amended Version A —11 16 -09 rio.nw M... 11 lie fll,. W P M M.. G o a 1!M 1° 471 LEGAL RRfl'aSS.IYMMO7 iIP14 SPONSOR Councilor(s) Sharp and Accetturo Section 4 The remaining provisions of City Code Section 6 -158 shall remain in full force and effect and are not affected by this Ordinance Section 5 All pnor ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed, to the extent of such inconsistency only as of the effective date of this Ordinance However, the repeal or amendment by this Ordinance of any other ordinance does not affect any nghts or liabilities accrued, penalties incurred or proceedings begun pnor to the effective date of this Ordinance Those rights liabilities and proceedings are continued and penalties shall be imposed and enforced under such repealed or amended ordinance as if this Ordinance had not been adopted Section 6 If any portion of this Ordinance is for any reason declared to be unconstitutional or invalid such decision shall not affect the validity of the remaining portions of this Ordinance so long as enforcement of same can be given the same effect Section 7 This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor and such publication as is required by law 4 PASSED by the Common Council of the City of Carmel Indiana this 1& day of 1 efruf-dThOM* 2009, by a vote of 7 ayes and C7 nays C MMON CGUN IL FOR THE CITY OF CARM Ii -�r�r A Wing Officer W Enc Seid sticker, r'o T Kevin 4 7/- 4 7 V Accetturo Rich p Ronald E Carter Luci Snyder A SL _i i i Diana L Cordray, IAMC Cler :surer Common Council Ordinance No D 968 09 As Amended Page Two of Three Pages This Ordinance was prepared by Douglas C Haney Carmel City Attomey Amended Version A —11 16 09 /BE [isWyDrs wiCamvelCad ®UJxPared .i ua 0011•1111611D Para as se/ I WiLEGO/ FIREIVORXIkte iVIEW 111 /111 SPONSOR Councilor(s) Sharp and Accetturo Presented by me to the Mayor of the City of Carmel, Indiana, this Ito -11■• day of aL 2009, at S 30 O'clock, Y M 5 1 Diana L Cordray IAMC, k- Treasurer Approved by me, the Mayor of the City of Carmel, Indiana, this I G d ay of r4 O ►-QNh 2009, at so 0 clock, Q M r ames Brainard Mayor ATTEST i i Diana L Cordray, IAMC, Cle -Treas rer Common Council Ordinance No D 1968 09 As Amended Page Three of Three Pages This Ordinance was prepared by Douglas C Haney Carmel City Attorney Amended Version A —11 16-09 QF 4 VL, DeetnaCRWMICIE1WraCalCROCLEIJE M V Yl 11160OS. 6660 Pawed licit* 1 l jp11ElP1 RRRgalan1 Viral 7 a Ply