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Home My WebLink AboutD-2426-18 Amends the definition of "Local Street" within the Carmel Golf Cart Ordinance and Designates Roads in the VIllage of West ClaySPONSOR(S): Councilors Green and Rider ORDINANCE NO. D-2426-18 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 "Local Street" within the Carmel Golf Cart Ordinance and designates certain roads within the Village of West Clay as Approved Streets for golf cart use. 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 authorized the use of golf carts on Local Streets within the Village of West Clay by adopting ordinance D-2421-18; and WHEREAS, in order to authorize the use of golf carts on certain streets within the Village of West Clay that did not fit the definition of "Local Street" as it is currently defined, it is necessary to amend the definition of Local Street; and WHEREAS, based on the proposed amended definition of Local Street, the Engineering Department has issued a memorandum detailing its findings regarding the use of golf carts on certain streets within the Village of West Clay, which is attached hereto and incorporated herein by this reference as Exhibit A; and WHEREAS, the Common Council now finds that is in the best interest of the public to amend the definition of "Local Street" and authorize the use of golf carts on certain streets within the Village of West Clay; and 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)(3) should be and the same is hereby amended to read as follows: "§ 8-43 Golf Cart Operation on City Highways. (a)(3) "Local Street" means a Highway designed to carry low volumes of traffic throughout neighborhoods and internally within non-residential developments." Ordinance D-2426-18 Page One of Three This Ordinance was prepared by Jon Oberlander, Carmel Assistant City Attorney, on 5/11/18 at 11:04 a.m. No subsequent revision to this Ordinance has been reviewed by Mr. Oberlander for legal sufficiency or otherwise. S:\ORDINANCES\2018\D-2426-18 Golf Cart Ordinance Local Street Amendment Clean.docx SPONSOR(S): Councilors Green and Rider Section 3. Carmel City Code Section 8-43(e)(1)(c) should be and the same is hereby amended to read as follows:: "Sec. 8-43(e)(1)(c) Approved Neighborhoods and Streets: A Golf Cart bearing a properly issued and displayed permit, as required under subsection (f) of the ordinance, may be operated on the Approved Streets in the Approved Neighborhood(s) stated below, subject to all other provisions and restrictions set forth herein: i. The Village of West Clay: pp. Finchley Road pppp. Broad Street qqqq. East New Market Street rrrr. Glebe Street SSSS. Meeting House Road tttt. Montcalm Street uuuu. North New Market Street vvvv. South New Market Street wwww. West New Market Street" Section 4. 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 5. 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 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 the date of its passage and signing by the Mayor and such publication as required by law. Ordinance D-2426-18 Page Two of Three This Ordinance was prepared by Jon Oberlander, Carmel Assistant City Attorney, on 5/11/18 at 11:04 a.m. No subsequent revision to this Ordinance has been reviewed by Mr. Oberlander for legal sufficiency or otherwise. S:\ORDINANCES\2018\D-2426-18 Golf Cart Ordinance Local Street Amendment Clean.docx SPONSOR(S): Councilors Green and Rider PASSED by the Common Council of the City of Carmel, Indiana, this day of , 2018, by a vote of —7— ayes and nays. C CIL FOR THE CITY OF CARMEL evin D. Rider, President Jellyotqll, Vice -President Laura D. Campbell R ald E. Carter Christine S. Papfey, Clerk-Treas r �?li�� I me "r - . i1 i. M , Presented by me to the Mayor of the City of Car 2018, at A.M. �d this ay of istine S. Paulev lerk-Treasurer en .111 7 rn Approved by me, Mayor of the City of Ca.7nel, Indiana, this &(- day of 1 t IQ 2018, at ' ` 46r M. Eame�sBrainard, Mayor Ordinance D-2426-18 Page Three of Three This Ordinance was prepared by Jon Oberlander, Carmel Assistant City Attorney, on 5/11/18 at 11:04 a.m. No subsequent revision to this Ordinance has been reviewed by Mr. Oberlander for legal sufficiency or otherwise. SAORDINANCESV01&D-2426-18 Golf Cart Ordinance Local Street Amendment Clean docx