HomeMy WebLinkAboutD-2454-19 Excludes Two Types of MilkweedSPONSOR: Councillor Green
ORDINANCE NO. D-2454-19
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA,
AMENDING CHAPTER 6, ARTICLE 5, DIVISION II, SECTION 6-88(a) OF THE CARMEL
CITY CODE
Synopsis: Excludes two types of milkweed from the definition of Weeds within the Carmel
City Code.
WHEREAS, pursuant to Indiana Code § 36-7-10.1-3, the City of Carmel may require owners of
real property within the City to cut and remove weeds and other rank vegetation growing on their
property; and
WHEREAS, the common milkweed and the swamp milkweed plants are essential to the habitat
of the Monarch butterfly, whose population has steeply declined over the past two decades; and
WHEREAS, milkweed is currently defined as a weed under the Carmel City Code; and
WHEREAS, in order to help protect the Monarch butterfly population, the Common Council of
the City of Carmel, Indiana now finds that it is in the interest of the public safety and welfare to exclude
certain types of milkweed from the definition of Weeds in the Carmel City Code.
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 subsection of Carmel City Code Section 6-88 is hereby amended to
read as follows:
"(a) Definitions.
Debris shall include the remains of something broken-down or destroyed.
Rank Vegetation shall include those weeds and growing vegetation which is excessively
vigorous in growth, shockingly conspicuous, malodorous and/or flagrant.
Weeds shall include any plant that is not valued where it is growing, and is of rank
growth, tends to overgrow or choke out more desirable plants and/or is listed as a weed in
the U.S. Department of Agriculture publication entitled Common Weeds of the United
States, or in any similar government publication, except for common milkweed (asclepias
Ordinance D-2454-19
Page One of Three Pages
This Ordinance was prepared by Jon Oberlander, Assistant Corporation Counsel, on 1/23/19 at 1:41 PM. It may have been
subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by Mr. Oberlander for legal
sufficiency or otherwise.
SAORDINANCEM20190-2454-19 Milkweed ordinance clean.docx
SPONSOR: Councillor Green
syriaca) and swamp milkweed (asclepias incarnata), which shall not be considered
"Weeds" for purposes of this Section."
Section 3. The remaining provisions of Carmel City Code Section 6-88 are not affected by
this Ordinance and shall remain in full force and effect.
Section 4. 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, such repeal to have prospective effect only. 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 5. If any portion of this Ordinance is for any reason declared to be invalid by a court
of competent jurisdiction, 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 6. This Ordinance shall be in full force and effect from and after the date of its
passage and signing by the Mayor.
[signature page follows]
Ordinance D-2454-19
Page Two of Three Pages
This Ordinance was prepared by Jon Oberlander, Assistant Corporation Counsel, on 1/23/19 at 1:41 PM. It may have been
subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by Mr. Oberlander for legal
sufficiency or otherwise.
S:\ORDINANCES\2019\D-2454-19 Milkweed ordinance clean.docx
SANSOR: Councillor Green
r PASSED by the Common Council of the City of Carmel, Indiana this Y// day of
►'lk.'� 2019, by a vote of ayes and Q nays.
C ON COUNCIL FOR THE
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Jeff o , President
V
Laura D. Campbell, Vice -President
lald E. Carter
H. Bruce Kimball
evin D. Rider
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LPresented by me to the Mayor of the City C e , Indiana this 7r ay of
tbv'"Ins 1 2019, at Zo
hristine S. Pauley, Clerk -Treasure
f Approved by me, Mayor of the City r " '
/ii r' I , r
2019, at
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(A3 'S
istine S. Pauley, Clerk- easurer
Ordinance D-2454-19
Page Three of Three
This Ordinance was prepared by Jon Oberlander, Assistant Corporation Counsel, on 1/23/19 at 1:41 PM. It may have been
subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by Mr. Oberlander for legal
sufficiency or otherwise.
S:\ORDINANCES\2019\D-2454-19 Milkweed ordinance clean.docx