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HomeMy WebLinkAboutD-2425-18 Amends Approved Neighborhhod Within Carmel Golf Cart OrdinanceSPONSOR(S): Councilors Green, Campbell and Rider ORDINANCE NO. D-2425-18 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, AMENDING CITY CODE CHAPTER 8. ARTICLE 4, SECTION 8-43 Synopsis: Amends the definition of "Approved Neighborhood" within the Carmel Golf Cart Ordinance. WHEREAS, Indiana Code § 9-21-1-3.3 authorizes municipalities, such as the City of Carmel, Indiana ("Carmel') to adopt regulations concerning the use of golf carts on public highways within its jurisdiction; and WHEREAS, in 2017 the Carmel Common Council adopted ordinance D-2304-16, an ordinance allowing and regulating the use of golf carts on certain Carmel streets; and WHEREAS, the Common Council now finds that is in the best interest of the public to amend the definition of "Approved Neighborhood" within the Carmel Golf Cart ordinance. 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 Section 8-43(a)(5) should be and the same is hereby amended to read as follows: "§ 843 Golf Cart Operation on City Highways. (a)(5) "Approved Neighborhood" means a neighborhood within the City of Carmel, Indiana that is controlled by a home owners association ("HOA") and the following criteria has been met: a. The HOA has submitted the following information to the City of Carmel Engineering Department ("Engineering"): i. Written verification that all members of the HOA were given written notice of the golf cart use vote at least 10 days prior to the vote, that seventy-five percent (75%) of the HOA members who chose to vote indicated by written ballot or proxy that they approved of allowing a Golf Cart to operate upon a Highway designated as a Local Street within the neighborhood controlled by the HOA, and that the voting procedure otherwise complied with all relevant HOA requirements; ii. The name(s) of each street located within the jurisdiction of the HOA; Ordinance D-2425-18 Page One of Three This Ordinance was prepared by Jon Oberlander, Carmel Senior Assistant City Attorney, on 3/6/18 at 4:23 p.m. No subsequent revision to this Ordinance has been reviewed by Mr. Oberlander for legal sufficiency or otherwise. &\ORDINANCEM20180-2425-18 Golf Cart Ordinance Amendment Clean.docx SPONSOR(S): Councilors Green, Campbell and Rider iii. Proof of payment to the Carmel Street Department for street signs and/or embedded pavement markers installed or caused to be installed pursuant to this Ordinance; and b. Engineering has reviewed each street within the neighborhood to determine whether each street meets the criteria of a Local Street as defined herein; c. After the review is complete, an Ordinance shall be submitted to the Council for consideration as to whether a Golf Cart may be operated on Local Streets within the jurisdiction of the HOA; d. The Council has determined that a Golf Cart may operate on Local Streets within the jurisdiction of the HOA and has passed an ordinance to amend subsection (f) herein to reflect such approval. Section 6. The remaining provisions of Carmel City Code Section 8-43 are not affected by this Ordinance and shall remain in full force and effect. Section 7. All prior 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 rights or liabilities accrued, penalties incurred or proceedings begun prior 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 8. 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 9. This Ordinance shall be in full force and effect from September 26, 2017. [signature page follows] Ordinance D-2425-18 Page Two of Three This Ordinance was prepared by Jon Oberlander, Carmel Senior Assistant City Attorney, on 3/6/18 at 4:23 p.m. No subsequent revision to this Ordinance has been reviewed by Mr. Oberlander for legal sufficiency or otherwise. C:\Users\jquinn\AppData\L.ocal\Microsoft\Windows\Temporary Internet Files\Content.Outlook\ZG7CRSHI\D-2425-18 Golf Cart Ordinance Amendment Clean.docx SPONSOR(S): Councilors Green, Campbell and Rider �q PASS41) by the Common Council of the City of Carmel, Indiana, this [r day of �2018, by a vote of ayes and AL nays. CO O IL FOR THE CITY OF CARMEL Kevin D. Rider, President Jeff Wrrt'1 ice -President uz�— W_ 4'e V� Laura D. Campbell Carter H. Bruce Kimball Christine S. Pauley, clerk -Treasurer Presented by me to the Mayor of the City of Carmel, Indiana this 20 day of ►lC 2018, at d .'O 2hristine LSPauley, Clerk-Treas rer t -- Approved by me, Mayor of the City of Carmel, Indiana, this ?P day of arch 2018, at J es Brainard, Mayor Ordinance D-2425-18 Page Three of Three This Ordinance was prepared by Jon Oberlander, Carmel Senior Assistant City Attorney, on 3/6/18 at 4:23 p.m. No subsequent revision to this Ordinance has been reviewed by Mr. Oberlander for legal sufficiency or otherwise. S:\ORDINANCES\2018\D-2425-18 Golf Cart Ordinance Amendment Clean.docx