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HomeMy WebLinkAboutD-2358-17 Parking Restrictions for Commerical Vehicles, Construction Vehicles and TrailersSPONSOR(S): Councilor Green ORDINANCE NO. D-2358-17 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, ADDING SECTION 6-109 TO CHAPTER 6, ARTICLE 5, DIVISION IV OF THE CARMEL CITY CODE Synopsis: Creates additional parking restrictions for commercial vehicles, construction vehicles, and trailers within the City of Carmel, Indiana. WHEREAS, pursuant to Indiana Code 9-21-1-3(a)(1), the City of Carmel, Indiana ("City"), has the authority to adopt by ordinance traffic regulations governing the standing or parking of vehicles; and WHEREAS, the Common Council has determined it prudent and necessary to regulate the outdoor parking and storage of construction and commercial vehicles in order to promote safe vehicular traffic, maintain the aesthetic beauty of the community, and preserve the value of the property therein; and WHEREAS, the Common Council of the City of Carmel finds that the adoption of such traffic regulations will preserve peace and good order, and is in the best interest of public safety and welfare. 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. Carmel City Code Chapter 6, Article 5, Division IV, Section 6-109 is hereby added to the Carmel City Code and shall read as follows: "§ 6-109: Parking and Storage of Construction and Commercial Vehicles Prohibited (a) Definitions: 1. COMMERCIAL VEHICLE- Any licensed vehicle used in conjunction with any business or trade, with the exception of automobiles and pick-up trucks with a Gross Vehicle Weight Rating of under eight thousand (8,000) pounds. 2. CONSTRUCTION VEHICLE --A Commercial Vehicle customarily used in construction trades, including but not limited to vehicles used for excavation and moving of earth, and vehicles used for hauling construction materials. 3. DRIVEWAY- Asphalt, concrete, crushed stone or other hard surface, generally constructed between the road and a garage or dwelling, and used for parking of vehicles. Ordinance D-2358-17 Page One of Four This Ordinance was originally prepared by Ashley Ulbricht, Carmel City Attorney, on 3/9/17 at 3:40 p.m. No subsequent revision to this Ordinance has been reviewed by Ms. Ulbricht for legal sufficiency or otherwise. SPONSOR(S): Councilor Green 4. DWELLING- A building designed or used as living quarters for one or more families. 5. PARK or PARKING—The standing of a vehicle, whether occupied or not, on public or private property outside of a building. 6. SEMI -TRACTOR- A short truck with a body containing only a cab for the driver, used to haul commercial, detachable trailers. 7. SEMI-TRACTOR-TRAILOR- A combination trucking unit consisting of a tractor and a trailer or semitrailer. 8. SEMI -TRAILER- A detachable trailer for hauling commercial freight, having its forward end supported by the rear of its truck tractor when attached. 9. TRAILER- A trailer generally used for the hauling of miscellaneous household, commercial, construction, and/or landscaping materials, including those that attach to a personal motor vehicle. 10. VEHICLE LENGTH- A vehicle's length will be determined by the physical measurement of the outside dimension of said vehicle, including any trailer attached thereto. (b) Outside Storage or Parking of Commercial or Construction Vehicles. 1. No Commercial Vehicle or Construction Vehicle of any length or weight shall be parked on any public property or right-of-way within the City for a period in excess of four (4) hours, unless used in conjunction with construction or delivery of goods to said property. 2. No Commercial Vehicle having an overall length in excess of twenty (20) feet, or any Semi -tractor, Semi -Tractor -Trailer, Semi -trailer, Trailer, or Construction Vehicle of any length or weight shall be parked on any public or private property or on any right-of-way abutting such property in any residential district, for a period in excess of four (4) hours, unless temporarily parked during the actual performance of a bona fide commercial service, construction, sales, or delivery to said property. Ordinance D- 2358-17 Page Two of Four This Ordinance was originally prepared by Ashley Ulbricht, Carmel City Attorney, on 3/9/17 at 3:40 p.m. No subsequent revision to this Ordinance has been reviewed by Ms. Ulbricht for legal sufficiency or otherwise. SPONSOR(S): Councilor Green 3. A Commercial Vehicle, which is not a Semi -tractor, Semi -Tractor -Trailer, Semi -trailer or Construction Vehicle, having an overall length of twenty (20) feet or less, may parked or stored outside on private property in a residential district subject to the following regulations: L Only one such vehicle per family may be parked or stored on any lot containing the Dwelling of such family; ii. Such vehicle shall only be parked or stored on the Driveway or in the garage; iii. The Parking or storage of such vehicle shall be in full compliance with the requirements stated in Carmel City Code Chapter 10, Article 1, Chapter 25, and shall not preempt the use of space needed for the off- street parking of other vehicles; iv. Such vehicle shall belong to an owner or occupant of the premises upon which it is being parked or stored. Section 3. 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 4. 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. Section 5. Nothing in this Ordinance is meant to supersede or conflict with provisions set forth within Carmel City Code Section 25.26. Ordinance D- 2358-17 Page Three of Four This Ordinance was originally prepared by Ashley Ulbricht, Carmel City Attorney, on 3/9/17 at 3:40 p.m. No subsequent revision to this Ordinance has been reviewed by Ms. Ulbricht for legal sufficiency or otherwise. SPONSOR(S): Councilor Green PASSED by the Common Council of the City of Carmel, Indiana, this day of 2017, by a vote of ayes and nays. OMMON COUNCIL FOR THE CITY OF CARMEL Sue AMm, Pr sident H. BrucvKim1 all Laura D. Campbell ihristine S. uley, Clerk-Trea er Kevin D. RiderC��� J e fovb 1 Presented by me to the Mayor of the City of Carmel, Indiana this O° pday of 2017, at '1 �O.M. 0 istine S. Pa ey, Clerk-Treas6jk Approved by me, Mayor. of --the City of Carmel, Indiana, this /0—day of 1,AY 2017, at A.M. do J es Brainard, Mayor A E Christine S. Pa ey, Clerk-Treasur 6 Ordinance D- 2358-17 Page Four of Four S:\shared\ORDINANCES\2017\Ordinance D -2358 -17 -commerical and contruction vehicle regulation.docx3/20/2017 4:50:24 PM This Ordinance was originally prepared by Ashley Ulbricht, Carmel City Attorney, on 3/9/17 at 3:40 p.m. No subsequent revision to this Ordinance has been reviewed by Ms. Ulbricht for legal sufficiency or otherwise.