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HomeMy WebLinkAboutD-2430-18 Prohibits Camping in a Vehicle on Public PropertySPONSOR: Councilor Worrell ORDINANCE NO. D-2430-18 VERSION B AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, ADDING SECTION 6-83 TO CHAPTER 6, ARTICLE 4 OF THE CARMEL CITY CODE Synopsis: Prohibits camping in a vehicle on public property in the City of Carmel. WHEREAS, the City of Carmel, Indiana ("City"), pursuant to Indiana Code § 36-8-2-4 and its general police powers, has the power and authority to regulate conduct, use, and possession of property that might endanger the public health, safety, or welfare; WHEREAS, camping in a vehicle on public property increases the potential for damage to public property as well as the danger to public health, safety, and welfare ; and WHEREAS, prohibiting camping in a vehicle on public property is necessary and appropriate in order to protect the public health, 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. The Following should be and the same is hereby adopted and shall be codified as Chapter 6, Article 4, Section 6-83 of the Carmel City Code, to wit: 11§6-83 Restrictions on camping in a vehicle on public property (a) Definitions. 1. "Vehicle" shall mean a device in, upon, or by which a person or property is, or may be, transported or drawn upon a highway or street. 2. "Public Property" shall not include Central Park, Founders Park, Hazel Landing Park, Lawrence W. Inlow Park, Meadowlark Park, River Heritage Park, Vera J. Hinshaw Nature Preserve and Park, and West Park, as long as these parks are under the permitting control of Carmel Clay Parks and Recreation. D-2430-18 — Version B — Land Use Committee Page One of Five This Ordinance was jointly prepared by Benjamin J. Legge, Assistant City Attorney, and Douglas C. Haney, Corporation Counsel, on September 17, 2018 at 10:30 a.m. No subsequent revision to this Ordinance has been reviewed or approved by Messrs. Legge and Haney for legal sufficiency or otherwise. SPONSOR: Councilor Worrell 3. "Vehicular Camping" shall mean the use of a Vehicle as a residence or dwelling for the purpose of living therein, as evidenced by, but not limited to: sleeping, eating food, storing personal belongings and/or changing clothes in the vehicle and/or by the length of time an individual occupies the vehicle when it is stationary, excluding time spent in a vehicle as a condition of an individual's employment or in order to perform repairs or maintenance tasks on the vehicle. Any determination of Vehicular Camping must be made by assessing the totality of the circumstances. (b) Prohibition. 1. Vehicular Camping, as defined in subsection (a), at the Center for the Performing Arts without a valid permit issued by the Center for the Performing Arts Board of Directors ("Arts Board") is prohibited. 2. Vehicular Camping, as defined in subsection (a), in the public right-of-way that borders a residential property without a valid permit issued by the Department of Engineering ("Department") is prohibited. 3. Vehicular Camping, as defined in subsection (a), on any other Public Property located within the City's corporate limits without a valid permit issued by the Carmel Board of Public Works (`BPW") is prohibited. 4. If a valid permit is obtained, Vehicular Camping shall not be conducted within the City's corporate limits in a location or manner that interferes with or impedes the regular flow of vehicular or pedestrian traffic. (c) Permits. 1. Any person may petition the Arts Board for a permit to conduct Vehicular Camping at the Center for the Performing Arts. i. The Arts Board may issue a permit only when the permit furthers the mission of the Center for the Performing Arts. ii. Any permit issued by the Arts Board under this Section shall expire after a specific period of time, not to exceed ten (10) calendar days. The Arts Board may grant one (1) permit extension, not to exceed ten (10) calendar days in length. iii. The Arts Board may, in its sole discretion, place such lawful terms and conditions upon the use of any permit issued by the Arts Board under this Section as it deems appropriate. D-2430-18 — Version B — Land Use Committee Page Two of Five This Ordinance was jointly prepared by Benjamin J. Legge, Assistant City Attorney, and Douglas C. Haney, Corporation Counsel, on September 17, 2018 at 10:30 a.m. No subsequent revision to this Ordinance has been reviewed or approved by Messrs. Legge and Haney for legal sufficiency or otherwise. SPONSOR: Councilor Worrell iv. The Arts Board may revoke any permit issued by the Arts Board under this Section at any time if it determines, in its sole discretion, that the need for the permit has ended or the permit holder fails to comply with any of the terms or conditions of the permit. 2. A resident of the City may petition the Department for a permit to allow Vehicular Camping in the public right-of-way that borders the property where the resident lawfully resides. i. The permit may not be obtained for the purpose of monetary gain. ii. Any permit issued by the Department under this Section does not supersede any limitations or restrictions as prescribed by a Homeowners Association's restrictions and covenants and shall expire after a specific period of time, not to exceed seven (7) calendar days. The Department may grant one (1) permit extension, not to exceed seven (7) calendar days in length. iii. The Department may, in its sole discretion, place such lawful terms and conditions upon the use of any permit issued by the Department under this Section as it deems appropriate. iv. The Department may revoke any permit issued by the Department under this Section at any time if it determines, in its sole discretion, that the need for the permit has ended or the permit holder fails to comply with any of the terms or conditions of the permit. 3. A resident of the City may petition the BPW and the BPW may issue a permit allowing Vehicular Camping on Public Property when a specified emergency creates the need for such an accommodation. i. A permit may be issued by the BPW when the emergency creating the need results from an act of nature, a technological failure or malfunction, a terrorist incident, a public health emergency, an industrial accident, a hazardous material accident, or destruction caused by a civil disturbance. ii. Any permit issued by the BPW under this Section shall expire after a specific period of time, not to exceed thirty (30) calendar days. The BPW may grant one (1) permit extension, not to exceed thirty (30) calendar days in length. D-2430-18 — Version B — Land Use Committee Page Three of Five This Ordinance was jointly prepared by Benjamin J. Legge, Assistant City Attorney, and Douglas C. Haney, Corporation Counsel, on September 17, 2018 at 10:30 a.m. No subsequent revision to this Ordinance has been reviewed or approved by Messrs. Legge and Haney for legal sufficiency or otherwise. SPONSOR: Councilor Worrell iii. The BPW may, in its sole discretion, place such lawful terms and conditions upon the use of any permit issued by the BPW under this Section as it deems appropriate. iv. The BPW may revoke any permit issued by the BPW under this Section at any time if it determines, in its sole discretion, that the need for the permit has ended or the permit holder fails to comply with any of the terms or conditions of the permit. (d) Fine. Any person who violates provision (b) of this Section shall be guilty of an ordinance violation punishable by a fine of Fifty Dollars ($50.00) for each violation, each day constituting a new offense." [The remainder of this page is intentionally blank] D-2430-18 — Version B— Land Use Committee Page Four of Five This Ordinance was jointly prepared by Benjamin J. Legge, Assistant City Attorney, and Douglas C. Haney, Corporation Counsel, on September 17, 2018 at 10:30 a.m. No subsequent revision to this Ordinance has been reviewed or approved by Messrs. Legge and Haney for legal sufficiency or otherwise. SPONSOR: Councilor Worrell � ORDAINED AND APPROVED by the Common ouncil of the City of Carmel, Indiana this j ( day of 5�nT/� 2018, by a vote of .�f ayes and (f) nays. OR THE CIT CARMEL Sue Cipkdm 'Anthonyo �- 4tS-e/l i --i Green H. Bruce Kimball 47 P esen ed by me to the Mayor of the City of C e , iana this d of 2018, at 0(!Y5 _ _ A Pauley, C,Yerk-Treasurer Appr ved y me, Mayor of the City of Carmel, Indiana, this LL day of 2018, at 1�5' NI. 1 J es rainard, Mayor ATTEST ,� D-2430-18 — Version B — Land Use Committee Page Five of Five This Ordinance was jointly prepared by Benjamin J. Legge, Assistant City Attorney, and Douglas C. Haney, Corporation Counsel, on September 17, 2018 at 10:30 a.m. No subsequent revision to this Ordinance has been reviewed or approved by Messrs. Legge and Haney for legal sufficiency or otherwise.