HomeMy WebLinkAboutD-2329-16 Crop Residue NuisanceSPONSORS: Councilors Rider and Worrell
ORDINANCE D-2329-16
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA,
AMENDING CHAPTER 6, ARTICLE 5, DIVISION I, SECTION 6-77 OF THE CARMEL CITY
CODE
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Synopsis: �T^•�*I * �� rte-,-ta is considered to be a public nuisance if it exits the
agricultural property from which it was harvested and accumulates on neighboring properties.
WHEREAS, pursuant to Indiana Code § 36-8-2-4, the City of Carmel (the "City") may regulate
conduct, or use or possession of property that might endanger the public health, safety or. welfare;
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WHEREAS, the accumulation of r on properties located near
agricultural property is a recurring problem within the C�i�';
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WHEREAS, the accumulation of r,gr,ti '*„rum. :'�„�"�:�„ on properties located near
agricultural property interferes with the affected landowners' comfortable enjoyment of life and
property; and
�a ,.,5JVe_ WHEREAS, it is in the interest of public health, safety and welfare to declare rant rte&ural
2v��hat exits the property upon which it was harvested a public nuisance.
NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of Carmel,
Indiana, as follows:
Section 1. The foregoing Recitals are fully incorporated herein by this reference.
Section 2. Chapter 6, Article 5, Division I, Section 6-77 of the Carmel City Code shall be and
the same is hereby amended to read as follows:
"(m) cultural vegetaincluding, but not limited to, corn cobs, bean stalks
and corn stalks that exits the property upon which it was harvested and accumulates on
neighboring property."
Section 3. The remaining provisions of Carmel City Code Sections 6777 are not affected by this
Ordinance and shall remain in full force and effect.
Section 4. 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 5. This Ordinance shall be in full force and effect from and after its passage and signing
by the Mayor and such publication as required by law.
Ordinance D-2329-16
Page One of Two
This Ordinance was prepared by Jon Oberlander, Senior Assistant Carmel City Attorney, on 7/21/16 at 5:58 p.m.
No subsequent revision to this Ordinance has been reviewed by Mr. Oberlander for legal sufficiency or otherwise.
C:\Users\jquinn\AppData\Local\Microsoft\Windows\TemporaryIntemet Files\Content.Outlook\ZG7CRSHI\Rank agricultural vegetation ordinance Clean
Revised.docx
SPONSORS: Councilors Rider and Worrell
PASSED by the Common Council of the City of Carmel, Indiana, this day of ,
2016, by a vote of ayes and nays.
COMMON COUNCIL FORTHE TY F CA
Ronald E. Carter, President kevin D. Rider
S0einkam, Vi e -President
\�J� D
Laura D. Campbell
I VX
04
Carol Schleif bl
C��46qx
Jeff o #V
Presented by me to the Mayor of the City of
2016, at
Christine S
this
day
Approved by me, Mayor of the Cit of Carmel, Indiana, this day of
2016, atF�.M.
IK4es Brainard, Mayor
TTE
Christine S. P ley, Clerk -Treasurer
Ordinance D-2329-16
Page Two of Two
This Ordinance was prepared by Jon Oberlander, Senior Assistant Carmel City Attorney, on 7/21/16 at 5:58 p.m.
No subsequent revision to this Ordinance has been reviewed by Mr. Oberlander for legal sufficiency or otherwise.
C:\Users\jquinn\AppData\LocaiNicrosoft\Windows\Temporary Internet Files\Content.Outl00k\ZG7CRSHI\Rank agricultural vegetation ordinance Clean
Revised.docx