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HomeMy WebLinkAboutD-2505-19 Amends Code to Reflect Second Class City SPONSOR: Councilor Finkam ORDINANCE NO.D-2505-19 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, AMENDING THE CARMEL CITY CODE. Synopsis: Ordinance amends the Carmel City Code to reflect Carmel's status as a Second Class City. WHEREAS, on January 4, 2016, the Carmel Common Council adopted Ordinance D-2260-16, which changed the City's classification to that of a Second Class City; WHEREAS, in accordance with Cannel Ordinance D-2260-16 and Indiana Code § 36-4-1-8, after the term of the Clerk-Treasurer expires on December 31, 2019, the position will be replaced by an elected Clerk and a Controller appointed by the Mayor; and WHEREAS, the Common Council of the City of Cannel, Indiana, now finds that it is in the best interest of the City to amend the Carmel City Code to reflect the City's status as a Second Class City. NOW,THEREFORE,BE IT ORDAINED,by the Common Council of the City of Cannel, 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 1-2 is hereby amended and shall read as follows: "(a) All of the provisions of this Code shall be in full force and effect from the date of passage pursuant to I.C., 36-4-6-14, and the filing of two copies of this Code in the office of the Clerk, and all ordinances of a general and permanent nature in force at that time which include the subject matter of the chapters denominated herein, are repealed from and after said date." Section 3. The remaining provisions of Cannel City Code Section 1-2 are not affected by this Ordinance and shall remain in full force and effect. Section 4. Cannel City Code Section 1-3 is hereby amended as follows: "In the construction of this Code and of all ordinances, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the Common Council: Clerk means the City Clerk of the City of Carmel, a second class City. Controller means the Fiscal Officer of the City of Cannel." This Ordinance was prepared by Jon Oberlander, Carmel Assistant Corporation Counsel, on 11/22/19 at 11:04 AM. 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-2505-19 Class 2 City Code Cleanup Clean.docx SPONSOR: Councilor Finkam Section 5. The remaining provisions of Carmel City Code Section 1-3 are not affected by this Ordinance and shall remain in full force and effect. Section 6. Carmel City Code Section 1-8 is hereby amended and shall read as follows: "Two copies of all material incorporated by reference into this Code are on file and shall be kept on file for public inspection in the office of the City Clerk." Section 7. The following subsection of Carmel City Code Section 1-13 is hereby amended and shall read as follows: "(b) The Clerk shall be the custodian of the City's Seal and affix it to such documents and instruments as required." Section 8. The remaining provisions of Cannel City Code Section 1-13 are not affected by this Ordinance and shall remain in full force and effect. Section 9. The following subsection of Cannel City Code Section 1-14 is hereby amended and shall read as follows: "(a) The following codification and revision of ordinances consisting of Chapters 1 through 12, inclusive, entitled "Cannel City Code," two copies of which shall be kept on file in the office of the Clerk is adopted and enacted as the Carmel City Code." Section 10. The remaining provisions of Cannel City Code Section 1-14 are not affected by this Ordinance and shall remain in full force and effect. Section 11. Carmel City Code Section 1-15 is hereby amended and shall read as follows: "§ 1-15 Role of Clerk Regarding City Code. (a) Two copies of the Carmel City Code shall be kept of file in the office of the Clerk or someone authorized by her, to insert in their designated places all amendments or ordinances which indicate the intention of the Council to make the same a part of such Code when the same shall have been printed or reprinted in page form, and to extract from such Code all provisions which may be from time to time repealed by the Council. These copies of such Code shall be available to all persons desiring to examine the same and shall be considered the official Code of the City." Section 12. The remaining provisions of Carmel City Code Section 1-15 are not affected by this Ordinance and shall remain in full force and effect. Section 13.The following subsections of Cannel City Code Section 2-3 are hereby amended and shall read as follows: "(a) The Mayor shall be the chief administrator of the City and shall have control of the day-to-day operations of the following executive departments which are established. This Ordinance was prepared by Jon Oberlander, Cannel Assistant Corporation Counsel, on 11/22/19 at 11:04 AM. 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-2505-19 Class 2 City Code Cleanup Clean.docz SPONSOR: Councilor Finkam (1) Department of Community Services. (Ord. D-1193, 1-8-96) a) Plan Commission. (I.C., 36-7-4 et seq.). b) Board of Zoning Appeals. (I.C., 36-7-4-900 et seq.). (2) Engineering Department. (3) Fire Department. a) Fire Pension Board(I.C., 36-8-7 [1937 Fund]; I.C., 36-8-8 [1977 Fund]). (4) Department of Law. (pursuant to I.C., 36-4-9-12—City Attorney and attorney for Plan Commission, Board of Zoning Appeals). (5) Police Department. a) Police Pension Board. (I.C., 36-8-6 [1925 Fund]; I.C., 36-8-8 [1977 Fund]). (6) Street Department. (7) Public Water and Public Wastewater Utilities. (Ord. D-1193, 1-8-96) (8) Department of Parks and Recreation. (I.C., 36-10-3-1 et seq.) (Ord. D-673, §1, 10- 1-90) (9) Department of Redevelopment. (Ord. D-720, § 1, 8-5-91). (10) Communications Center. (Ord. D-1193, 1-8-96) (11) Office of the Controller(I.C. 36-4-9-6) (b) The chiefs of the Fire and Police Departments and the heads of the Department of Community Services (pursuant to I.C., 36-4-9-2), Engineering Department, Department of Law, Office of the Controller, and the Communications Center are appointed by the Mayor and serve at his pleasure. (I.C., 36-4-9-6)" Section 14. The following subsection of Carmel City Code Section 2-5 is hereby amended and shall read as follows: "(h) All monies collected pursuant to I.C., 36-7-12 et seq. shall be itemized and deposited with the Controller and the Controller shall deposit said monies into the Economic Development Fund. The Controller shall prepare an annual report to the Mayor, Common Council, State Board of Accounts and Commission regarding deposits and expenditures to and from the Economic Development Fund." Section 15. The remaining provisions of Carmel City Code Section 2-5 are not affected by this Ordinance and shall remain in full force and effect. Section 16. The following subsection of Carmel City Code Section 2-9.2 is hereby amended and shall read as follows: "(d) The fiscal officer of the City shall certify to the Common Council and City Attorney an accounting of the amount of Deferral Fees received by and transferred from the User Fee Fund during the previous month. The City Attorney shall prepare and submit to the Controller claims for presentation to the Common Council for the payment, from the Deferral Fees deposited in the User Fee Fund, of invoices detailing costs and expenses incurred by the City Attorney in administering the Deferral Program and/or the City's Legal Department." Section 17. The remaining provisions of Carmel City Code Section 2-9.2 are not affected by This Ordinance was prepared by Jon Oberlander, Carmel Assistant Corporation Counsel, on 11/22/19 at 11:04 AM. 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-2505-19 Class 2 City Code Cleanup Clean.docx SPONSOR: Councilor Finkam this Ordinance and shall remain in full force and effect. Section 18. Carmel City Code Section 2-10 is hereby amended and shall read as follows: "§ 2-10 The Controller. The Controller is the fiscal officer of the City. He shall perform the duties assigned by I.C. 36-4-10-5, and such other duties as the Common Council may,by ordinance, require. Section 19. Carmel City Code Section 2-11 is hereby amended and shall read as follows: "§ 2-11 Clerk's Election,Term of Office,and Duties. (a) The Clerk shall be elected in the same manner as the Mayor. (b) The Clerk shall take office at twelve noon on the first day of January following his election, and shall serve for four years and until a successor is elected and qualified pursuant to I.C., 36-4-10-3. (c) The Clerk shall perform the duties assigned by I.C. 36-4-10-4, and other such duties as the Common Council, may,by ordinance, require. (d)Pursuant to IC 33-35-3-2, as the same may be amended from time to time, the City Clerk is the Clerk of the City Court, and as such, shall carry out the following duties: (1) The Clerk shall give bond payable to the city in the penal sum of$1,000, with surety to be approved by the Mayor and conditioned on the faithful and honest discharge of the Clerk's duties. (2) The Clerk may administer oaths. (3) The Clerk shall: a) Issue all process of the Court, affix the seal of the Court to the process, and attest to the process; b) Keep a complete record and docket of all cases showing: i.) The name of a person who was arrested and brought before the Court; ii.) The disposition of the case; and iii.) An account of the: 1. Fees; 2. Fines; 3. Penalties; 4. Forfeitures; 5. Judgments; 6. Executions; 7. Decrees; and 8. Orders; in as near to the same manner as the records are kept by the Clerk of the circuit court; and c) Collect all: i.) Fees; ii.) Fines; iii.) Penalties and forfeitures; iv.) Judgments; v.) Executions; and This Ordinance was prepared by Jon Oberlander, Carmel Assistant Corporation Counsel, on 11/22/19 at 11:04 AM. 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-2505-19 Class 2 City Code Cleanup Clean.docx SPONSOR: Councilor Finkam vi.) Money; accruing to the city from the enforcement of ordinances. (4) At the close of each week, the Clerk shall make and deliver to the Controller a written report of all cases in which the clerk has received or collected any fines or forfeitures due the city. The Clerk shall then pay over the money to the Controller and take a receipt for the payment. (5) At the end of each month, the Clerk shall make out and deliver to the County Treasurer of the county in which the city is located a written report of all cases in which the Clerk has received or collected any fines or forfeitures due the state during the month and pay to the County Treasurer all fines or forfeitures collected, taking a receipt for the payment. (6) The Clerk shall deposit all court costs collected by the clerk in accordance with IC 33-37-7-12. The Clerk shall distribute the state and county share of court costs collected in accordance with IC 33-37-7-8. (e) Pursuant to IC 36-4-10-2.5, space shall be made available for the Clerk, Clerk's staff and records maintained by the Clerk's office. (f) Copies of all notices of all public meetings of all subdivisions of the City shall be filed with the Clerk. Section 20. The following subsection of Cannel City Code Section 2-22 is hereby amended and shall read as follows: "(e) The City's forester shall be an employee of the City. The forester shall have the power to promulgate and enforce rules, regulations and specifications concerning the planting, trimming, maintenance, and removal of trees, shrubs, and other plants upon the right-of- way of any street or alley in the City. Such rules, regulations and specifications shall be in writing and shall not be effective until approved by the Board of Public Works. Copies of such regulations, rules and specifications shall be available to the public through the office of the Clerk." Section 21. The remaining provisions of Cannel City Code Section 2-22 are not affected by this Ordinance and shall remain in full force and effect. Section 22. Carmel City Code Section 2-38 is hereby amended and shall read as follows: "The official payroll and benefits records of the employees affected by this division shall be kept in the office of the Clerk." Section 23. The following subsection of Cannel City Code Section 2-39 is hereby amended and shall read as follows: "Department Head shall mean the City Attorney, City Engineer, Controller, Fire Chief, Police Chief, Street Commissioner and the heads of the departments of Administration, Communications, Community Services and Utilities. The Director of Parks and Recreation may also be considered a department head for benefits purposes, provided the Carmel-Clay Parks Board also approves such benefit status. This Ordinance was prepared by Jon Oberlander,Carmel Assistant Corporation Counsel,on 11/22/19 at 2:36 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-2505-19 Class 2 City Code Cleanup Clean.docx SPONSOR: Councilor Finkam Elected Official shall mean an individual duly elected or appointed to the position of Mayor, Clerk,Judge or Councilor for the City of Carmel." Section 24. The remaining provisions of Carmel City Code Section 2-39 are not affected by this Ordinance and shall remain in full force and effect. Section 25. The following subsection of Carmel City Code Section 2-53(c) is hereby amended and shall read as follows: "(2) Benefits while on leave. a) If an employee is on unpaid leave less than two full pay periods (four weeks) under this policy, the City will continue to pay its designated portion of the employee (and family, if applicable)health insurance premium. The remaining portion will be paid by the employee. Beginning with the third consecutive pay period of unpaid leave, the employee will be required to pay 100% of required employee and employer insurance premiums. (An employee will not be allowed to circumvent the requirement of paying his entire health insurance premium by returning to work in the middle of a leave period.) All bi- weekly premiums are due on payday unless alternate arrangements are made with the Controller's office. b) The City will continue to pay premiums for group term life insurance, accidental death and dismemberment insurance and short-term disability insurance (civilian employees only) during the leave of absence. c) Optional long-term disability payments (civilian employees only) must be paid by the employee on a bi-weekly basis. All bi-weekly premiums are due on payday unless alternate arrangements are made with the Controller's office." Section 26. The remaining provisions of Carmel City Code Section 2-53 are not affected by this Ordinance and shall remain in full force and effect. Section 27. The following subsection of Cannel City Code Section 2-56(a) is hereby amended and shall read as follows: "(3) An employee shall not waive his right to compensation from any court. An employee who receives compensation for jury duty shall remit such payment to the Controller's office. Any payments made to the employee by the court for expenses (e.g., mileage or meals)may be retained by the employee." Section 28. The remaining provisions of Cannel City Code Section 2-56 are not affected by this Ordinance and shall remain in full force and effect. Section 29. The following subsections of Cannel City Code Section 2-61(c) are hereby amended and shall read as follows: "(c) Advance payments. (1) All claims for advance payment must be submitted to the office of the Controller no This Ordinance was prepared by Jon Oberlander, Carmel Assistant Corporation Counsel, on 11/22/19 at 11:04 AM. 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-2505-19 Class 2 City Code Cleanup Clean.docx SPONSOR: Councilor Finkam later than ten business days prior to the commencement of travel. (2) Registration fees, hotel reservations and airfares connected with meetings, schools, seminars or other City-required travel may be paid in advance if supported by a fully itemized claim approved by the department director. Any savings resulting from changes in schedule or transportation or from reduced prices shall be delivered to the office of the Controller, along with written documentation, within the later of ten business days after travel is completed or three business days after the same is received by the employee (3) For overnight travel, meal expenses may be paid in advance if specifically requested by the employee. Meal expenses shall be advanced at the rates listed in section (b) above. Within ten business days after travel is completed, the employee must deliver to the office of the Controller original itemized receipts for meal expenditures or, if the vendor does not provide an itemized receipt, a receipt accompanied by an itemized statement from the employee indicating what food or beverage items were purchased. Any unused funds shall also be returned. Failure to timely provide receipts and/or return unused funds will result in the monies being deducted from the employee's pay. See section (d)(8) below for alternate reimbursement method." Section 30. The remaining provisions of Carmel City Code Section 2-61 are not affected by this Ordinance and shall remain in full force and effect. Section 31. The following subsection of Carmel City Code Section 2-64 is hereby amended and shall read as follows: "(b) Upon completion of travel, an employee who receives an advance is required to submit original itemized receipts to document meal expenditures and to return all unused funds to the Controller's office." Section 32. The remaining provisions of Carmel City Code Section 2-64 are not affected by this Ordinance and shall remain in full force and effect. Section 33. The following subsection of Carmel City Code Section 2-71 is hereby amended and shall read as follows: "(b) In addition, a Fixed Asset Register shall be maintained in the office of the Controller that will provide a detailed record of the capital assets and fixed assets of the governmental unit. The Controller or his or her designee shall serve as the Fixed Asset Coordinator for the City." Section 34. The remaining provisions of Carmel City Code Section 2-71 are not affected by this Ordinance and shall remain in full force and effect. Section 35. The following subsection of Cannel City Code Section 2-96(c)(1) is hereby amended and shall read as follows: "b) In the event changes in Medicare or other federal or state health care regulations require or allow an adjustment to current charges set forth hereinabove, the Fire Chief is This Ordinance was prepared by Jon Oberlander, Carmel Assistant Corporation Counsel, on 11/22/19 at 11:04 AM. 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-2505-19 Class 2 City Code Cleanup Clean.docx SPONSOR: Councilor Finkam authorized to adjust the same, such adjustments to take effect on the calendar date immediately following the date on which written notice of said adjustments is hand delivered or mailed by the Fire Chief by U.S. Certified mail, return receipt requested, to the Mayor, Clerk, Common Council President and Corporation Counsel." Section 36. The remaining provisions of Cannel City Code Section 2-96 are not affected by this Ordinance and shall remain in full force and effect. Section 37. The following subsection of Cannel City Code Section 2-102 is hereby amended and shall read as follows: "(b) These gift account funds shall be individually maintained by the Controller, and all gifts to each of said departments shall be placed in the individual gift account for the Department." Section 38. The remaining provisions of Cannel City Code Section 2-102 are not affected by this Ordinance and shall remain in full force and effect. Section 39. The following subsection of Cannel City Code Section 2-103 is hereby amended and shall read as follows: "(a) All monies collected pursuant to I.C., 36-7-12 et seq. shall be itemized and deposited with the Controller and the Controller shall deposit said monies into the Economic Development Fund #903. The Controller shall prepare an annual report to the Mayor, Common Council, State Board of Accounts and Commission regarding deposits and expenditures to and from the Economic Development Fund." Section 40. The remaining provisions of Carmel City Code Section 2-103 are not affected by this Ordinance and shall remain in full force and effect. Section 41. The following subsections of Carmel City Code Section 2-107 is hereby amended and shall read as follows: "(a) Establishment of City Medical Escrow Fund. (1) There is hereby established a certain medical plan self-insurance cumulative non- reverting fund to be used for the accumulation of a reserve of monies consisting of employee and employer premiums and all anticipated investment revenues from those premiums, for the purpose of payment of said comprehensive medical benefits and administrative costs for the qualified employees of the City and qualified employees of the Cannel-Clay Parks Board. A copy of the master medical plan and all subsequent amendments are to be filed in the office of the Controller. (2) The fund shall be known as the City Medical Escrow Fund. (3) Said fund will include accrued dollars of employee and employer premiums, paid to date, in the self-insurance program as the initial deposit to the City Medical Escrow Fund with all future employer/employee premiums and investment revenues from This Ordinance was prepared by Jon Oberlander, Carmel Assistant Corporation Counsel, on 11/22/19 at 11:04 AM. 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-2505-19 Class 2 City Code Cleanup Clean.docx SPONSOR: Councilor Finkam those premiums to be added to said fund. (b) Withdrawals from City Medical Escrow Fund. (1) It is hereby established that $100,000 (the "Account") will be paid by the Controller from the City Medical Escrow Fund to the third party administrator designated by the City by and through the Board of Public Works and Safety, hereinafter referred to as the "Plan Supervisor." The Account is to be used by the Plan Supervisor for insurance claims paid according to the Plan and claims submitted by the Plan Supervisor for administrative costs which are determined by contractual stipulations between the City and the Plan Supervisor. (2) The Controller is hereby authorized to withdraw funds monthly from the City Medical Escrow Fund in an amount totaling the claims submitted by the Plan Supervisor for insurance claims paid according to the Plan and claims submitted by the Plan Supervisor for administrative costs. (3) With the exception of withdrawals for investment purposes by the Controller, all other distributions from the City Medical Escrow Fund must be approved by the Carmel Board of Public Works and Safety hereinafter referred to as the "Plan Administrator." (c) Validation of claims. It is hereby established that the Plan Administrator shall direct a designee to review claims on a monthly basis. In the event it will be necessary to secure credit from the Plan Supervisor due to an error, the Plan Administrator designee will duly advise the Plan Supervisor and follow up accordingly to ensure credit is properly applied to the City's claim submitted by the Plan Supervisor. In the event the City is unable resolve a claim discrepancy with the Plan Supervisor, the Plan Administrator designee will duly advise the Controller to reduce the claim submitted by the Plan Supervisor by the total of the discrepancy. (d) Self-insurance plan supervisor payments. All claims submitted by the Plan Supervisor shall be forwarded by the Controller to the financial institution (to be named by the Plan Supervisor and Plan Administrator) for direct deposit into the special checking account set up by the Administrator to maintain the $100,000 for payments of claims and administrative costs. The $100,000 represents an approximate three-month average of total claims and administrative costs for the Plan. This figure may be adjusted by the Plan Administrator as City growth dictates." Section 42. The remaining provisions of Carmel City Code Section 2-107 are not affected by this Ordinance and shall remain in full force and effect. Section 43. The following subsection of Carmel City Code Section 2-112 is hereby amended and shall read as follows: "§ 2-112 City Clerk's Office Promotional Fund. (a) There is established a City Clerk's Office Promotional Fund." This Ordinance was prepared by Jon Oberlander, Carmel Assistant Corporation Counsel, on 11/22/19 at 11:04 AM. 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-2505-19 Class 2 City Code Cleanup Clean.docx SPONSOR: Councilor Finkam Section 44. The remaining provisions of Carmel City Code Section 2-112 are not affected by this Ordinance and shall remain in full force and effect. Section 45. The following subsections of Cannel City Code Section 2-114(a) are hereby amended and shall read as follows: "City Clerk: petty cash: Up to$100 Controller's Office Petty cash: Up to$100" Section 46. The remaining provisions of Cannel City Code Section 2-114 are not affected by this Ordinance and shall remain in full force and effect. Section 47. The following subsections of Carmel City Code Section 2-115 are hereby amended and shall read as follows: "(b) All monies surrendered by the Cannel Economic Development Commission to the Controller shall be deposited in this Fund. (d) Any written application for proceeds from this Fund shall be docketed by the Controller for consideration by the Council at its next regularly scheduled meeting. The Controller shall advise the applicant of the meeting date and time, in order that the applicant may appear and be heard by the Council as to the merits of the applicant's request." Section 48. The remaining provisions of Carmel City Code Section 2-115 are not affected by this Ordinance and shall remain in full force and effect. Section 49. The following subsections of Carmel City Code Section 2-127 are hereby amended and shall read as follows: "(a) There is hereby established a Tax Fund to be known as "The Municipal Food and Beverage Tax Fund," into which the Controller shall deposit all food and beverage tax revenues and all interest earned thereon. (b) Pursuant to I.C., 6-9-35-13, as added by the Act, the Controller shall be responsible for maintaining the Tax Fund and for depositing therein the food and beverage tax revenues and any interest earned thereon." Section 50. The following subsection of Cannel City Code Section 2-176 is hereby amended and shall read as follows: "(c) The Chief of Police shall forward the claim to the Controller for processing in accordance with I.C., 36-1-8-3, or to be paid out of such other budgetary line item in the Police budget as has been or may be established." Section 51. The remaining provisions of Carmel City Code Section 2-176 are not affected by This Ordinance was prepared by Jon Oberlander, Carmel Assistant Corporation Counsel, on 11/22/19 at 11:04 AM. 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-2505-19 Class 2 City Code Cleanup Clean.docx SPONSOR: Councilor Finkam this Ordinance and shall remain in full force and effect. Section 52. The following subsection of Carmel City Code Section 2-180 is hereby amended and shall read as follows: "(b) All funds received by the Police Department pursuant to this section shall be delivered to the Controller's office for deposit and credit to the appropriate Department account." Section 53. The remaining provisions of Cannel City Code Section 2-180 are not affected by this Ordinance and shall remain in full force and effect. Section 54. The following subsections of Cannel City Code Section 2-182 are hereby amended and shall read as follows: "(a) Purchasing Agencies. (3) The City Clerk is designated as the Purchasing Agency for the City Clerk's Office. (f) List of agents. A list of all purchasing agents and deputy purchasing agents for each department or functional unit shall be updated immediately upon changes in personnel. A copy of each such list shall be provided to the Clerk's Office not later than January 2 of each calendar year." Section 55. The remaining provisions of Carmel City Code Section 2-182 are not affected by this Ordinance and shall remain in full force and effect. Section 56. The following subsection of Carmel City Code Section 2-184(b) is hereby amended and shall read as follows: "Elected Official means the City's duly elected Mayor, Clerk and Common Council members." Section 57. The remaining provisions of Carmel City Code Section 2-184 are not affected by this Ordinance and shall remain in full force and effect. Section 58. The following subsections of Carmel City Code Section 2-186 are hereby amended and shall read as follows: "(c) Unless otherwise agreed to by the Mayor or the City Attorney in writing, the Closing Agent is responsible for the preparation of all applicable closing documents. These closing documents must be approved by the Mayor or the City Attorney prior to closing and a stamped copy of all documents submitted to the County must be delivered to the Clerk's Office. Closing documents include,but are not limited to,the following: (f) The Closing Agent shall conduct the closing and cause all appropriate documents to be recorded and/or filed with the applicable County Recorder and all other appropriate This Ordinance was prepared by Jon Oberlander, Carmel Assistant Corporation Counsel, on 11/22/19 at 11:04 AM. 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-2505-19 Class 2 City Code Cleanup Clean.docx SPONSOR: Councilor Finkam public bodies or entities within ten calendar days immediately following the closing date. The Closing Agent shall file the Form 1099-S as required by applicable federal law. The Closing Agent shall deliver a copy of all the closing documents and a file-stamped copy of all recorded and/or filed documents to the City Attorney within ten calendar days of the closing date, with a copy of the recorded documents to the Clerk's Office." Section 59. The remaining provisions of Cannel City Code Section 2-186 are not affected by this Ordinance and shall remain in full force and effect. Section 60. The following subsections of Carmel City Code Section 2-188 are hereby amended and shall read as follows: "(b) Historic Preservation Commission establishment and organization. (3) Term. Voting members shall serve for a term of three years;however, the initial term of three members shall be for one year; the initial term for two members will be two years; and, the initial term for two members will be three years in order for the initial terms to be staggered. The term for nonvoting, advisory members shall be for three years. Upon notice to the Commission Administrator of a vacancy on the Commission, the Administrator shall notify, in writing, the Mayor, the Clerk, and the President of the Carmel City Council, of such vacancy. Any such vacancy shall be filled within 90 days of such written notice. When a vacancy occurs, the replacement shall serve for the duration of the term. The initial appointments to the Commission shall be made within 90 days of the adoption of this section. At the conclusion of any term, the Commission member will continue to serve until that member is either re-appointed or until the appointment and approval of a replacement. (4) Removal. The members of the Commission serve at the pleasure of the Mayor and the Cannel City Council. Either the Mayor or the Cannel City Council may remove, or revoke the approval of, any member of the Commission for any cause. a) By the Mayor: The Mayor may remove a member of the Commission by notifying the member, in writing, of the removal. The Mayor shall also provide such notification of removal to the President of the Cannel City Council, and the Clerk. n) Enforcement,penalties, and judicial review. (6) Appeal. Any person or party aggrieved by a final decision or action taken by the Commission shall be entitled to an initial appeal to the Carmel City Council. Such appeal shall be initiated within 14 days of the fmal decision of the Commission by the aggrieved party or person. Such appeal will suspend the Commission's otherwise final decision until the appeal is heard by the Carmel City Council. The request for appeal shall be submitted, in writing, to the Clerk and the President of the Cannel City Council. The Cannel City Council shall, within 45 days of the written request for review, at a public meeting, allow the aggrieved person or party and the Commission to be heard as to the propriety of the Commission's decision. The Carmel City Council may modify, affirm, or reverse the Commission's decision by a resolution supported by a majority vote. If the Cannel City Council is unable to pass such a resolution, the original decision of the Commission shall become the This Ordinance was prepared by Jon Oberlander, Carmel Assistant Corporation Counsel, on 11/22/19 at 11:04 AM. 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-2505-19 Class 2 City Code Cleanup Clean.docx SPONSOR: Councilor Finkam fmal decision. After such an appeal, the decision of the Commission or the resolution of the Cannel City Council, as the case may be, shall be the fmal decision of the Commission, subject to judicial review under I.C. 36-7-11-4(h), as if such decision was a fmal decision by a board of zoning appeals in accordance with I.C. 36-7-4-1016." Section 61. The remaining provisions of Cannel City Code Section 2-188 are not affected by this Ordinance and shall remain in full force and effect. Section 62. The following subsections of Carmel City Code Section 2-301(b) are hereby amended and shall read as follows: "(1) All City departments, the Office of the Mayor, the Clerk, and the City Judge may transfer appropriated funds between line items within major budget classifications without the approval of the Common Council ("Department Approved Transfers"), provided, however, that such transfers may not exceed the Maximum Approved Transfer Amount. The term "Maximum Approved Transfer Amount" shall mean no more than $25,000 per occurrence and no more than $50,000 per receiving line item, per calendar year, except that no Maximum Approved Transfer Amount shall apply to personnel costs and expenses. (2) Department Approved Transfers may be made without notice and without the approval of the State Board of Tax Commissioners. (3) Written notice of Department Approved Transfers shall be provided to the Office of the Controller." Section 63. The remaining provisions of Carmel City Code Section 2-301 are not affected by this Ordinance and shall remain in full force and effect. Section 64. The following subsection of Cannel City Code Section 2-302 is hereby amended and shall read as follows: "(a) The Common Council has adopted a Chart of Accounts, budget forms and report (Exhibits A, B, C, D, and E, attached to Ordinance D-1005). The Council requires all departments, Carmel/Clay Board of Parks and Recreation and all elected officials to use the Chart of Accounts and budget forms as adopted in the preparation of budget estimates. The Council authorizes the Controller to administer the Chart of Accounts as he finds it necessary in order to assure continuity and consistency of the budget process among all departments and elected officials. The Council further declares that the Chart of Accounts or budget forms may not be changed or altered. Nonposting accounts as stated in the Chart of Accounts shall not be used by any department or elected official in the preparation of the budget but shall abide by the point system and budget category line items as established in the Chart of Accounts." Section 65. The remaining provisions of Carmel City Code Section 2-302 are not affected by this Ordinance and shall remain in full force and effect. This Ordinance was prepared by Jon Oberlander, Carmel Assistant Corporation Counsel, on 11/22/19 at 11:04 AM. 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:\ORD1NANCES\2019\D-2505-19 Class 2 City Code Cleanup Clean.docx SPONSOR: Councilor Finkam Section 66. The following subsection of Cannel City Code Section 2-303 is hereby amended and shall read as follows: "(a) All City departments, the office of the Mayor, Clerk, Common Council, and City Judge may encumber funds in the absence of a written contractual obligation from one budget year to a subsequent budget year, only in conformance with this section." Section 67. The remaining provisions of Cannel City Code Section 2-303 are not affected by this Ordinance and shall remain in full force and effect. Section 68. The following subsection of Cannel City Code Section 2-401 is hereby amended and shall read as follows: "(c) The Clerk, as Clerk to the Common Council, shall, upon passage of this section, immediately send a certified copy of same to the Commissioner of the Department of State Revenue." Section 69. The remaining provisions of Cannel City Code Section 2-401 are not affected by this Ordinance and shall remain in full force and effect. Section 70. The following subsection of Cannel City Code Section 2-401 is hereby amended and shall read as follows: "(c) The Clerk, as Clerk to the Common Council, shall, upon passage of this section, immediately send a certified copy of same to the Commissioner of the Department of State Revenue." Section 71. The remaining provisions of Carmel City Code Section 2-401 are not affected by this Ordinance and shall remain in full force and effect. Section 72. Cannel City Code Section 3-20 is hereby amended and shall read as follows: "The Clerk shall be the Clerk of the Council and shall perform the duties prescribed by I.C., 36-4-6-9 and such others as the Council may direct." Section 73. The remaining provisions of Carmel City Code Section 3-20 are not affected by this Ordinance and shall remain in full force and effect. Section 74. The following subsection of Cannel City Code Section 3-21 is hereby amended and shall read as follows: "(c) A special meeting of the Council may be called by the Mayor so long as 48 hours advance notice of same has been given to each Council member either verbally, by letter mailed to the Councilor's official address as last provided to the Mayor's office, or by electronic mail sent to the Councilor's City e- mail address or to such other electronic address as has been provided to the Mayor's office. A special meeting of the Council may This Ordinance was prepared by Jon Oberlander, Carmel Assistant Corporation Counsel, on 11/22/19 at 11:04 AM. 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-2505-19 Class 2 City Code Cleanup Clean.docx SPONSOR: Councilor Finkam be called by the President of the Council so long as 48 hours advance notice of same has been given to each Councilor and the Mayor either verbally, by letter delivered to the Councilor's official address as last provided to the Clerk's office, or by electronic mail sent to the Councilor's City e-mail address or to such other address as has been provided to the • Clerk's office. Public notice of all special meetings shall comply with Indiana law. Any such notice must also be delivered simultaneously to the Clerk's office." Section 75. The remaining provisions of Carmel City Code Section 3-21 are not affected by this Ordinance and shall remain in full force and effect. Section 76. The following subsection of Carmel City Code Section 3-25(b) is hereby amended and shall read as follows: "(4) Not take part in discussion or debate on any motion, resolution and/or ordinance without relinquishing the chair to another councilor of his choosing for the duration of the discussion and/or debate on same. If no councilor chosen by the President accepts the chair, the President may designate the Clerk as chair for the duration of the discussion or debate on the matter before the Council." Section 77. The remaining provisions of Carmel City Code Section 3-25 are not affected by this Ordinance and shall remain in full force and effect. Section 78. The following subsections of Carmel City Code Section 3-27 are hereby amended and shall read as follows: "(a) The City Clerk shall serve as clerk to the Common Council. The Clerk shall be responsible for: (b) The Clerk shall be empowered to delegate to employees of his or her office the aforesaid responsibilities and shall, if necessary, include a budget request to the Common Council, remuneration for such assistance from the budget of the Common Council. The Clerk-shall perform all those other responsibilities set forth in the Indiana Code as regards his or her relationship to the Common Council." Section 79. The remaining provisions of Cannel City Code Section 3-27 are not affected by this Ordinance and shall remain in full force and effect. Section 80. The following subsections of Cannel City Code Section 3-29 are hereby amended and shall read as follows: "(e) The Mayor and Clerk, or their respective designees, and all members of the Common Council, shall be entitled to attend and participate in the discussion before any Standing Committee. Only the members of a Standing Committee shall be counted in determining a quorum thereof or be entitled to vote on Committee business." This Ordinance was prepared by Jon Oberlander, Carmel Assistant Corporation Counsel, on 11/22/19 at 11:04 AM. 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-2505-19 Class 2 City Code Cleanup Clean.docx SPONSOR: Councilor Finkam Section 81. The remaining provisions of Carmel City Code Section 3-29 are not affected by this Ordinance and shall remain in full force and effect. Section 82. The following subsections of Carmel City Code Section 3-31 are hereby amended and shall read as follows: "(a) The agenda of the Common Council shall be prepared by the City Clerk. Council members, the Mayor and/or the Clerk may add items to the Council agenda, but all agenda items must be received in the office of the Clerk via electronic transmission,by 12:00 noon local time, ten (10) calendar days prior to the day of the Council meeting. Each agenda item submitted must also include an executive summary describing the purpose of the item, not to exceed one hundred and fifty (150) words. The Clerk shall mail or cause to be delivered the Council agenda and all supporting materials to each Council member by 5:00 p.m. six (6) calendar days prior to the Council meeting to which the agenda pertains. (b) Any additional items to be added to the agenda requiring action by the Council which are not included in the prepared agenda must be typed or written in memorandum form with a brief rationale for inclusion on the agenda and distributed to each Council member, the Mayor, Clerk, members of the press, with additional copies for the public prior to the start of the Council meeting. When the Council has concluded its New Business, the Presiding Officer shall ask if any other business is to come before the Council, whereupon any Council member wishing to add an additional item to the agenda and who has first submitted the title and rationale for the item to the agenda prior to the start of the meeting, shall move to add said item to the agenda. Following a second by one other Council member, the Presiding Officer shall immediately call for a vote on the question of adding such item to the agenda, without first allowing any discussion and/or debate on the content of the proposed agenda item. A two-thirds vote of Council members must be received in order to add the item to the agenda. No other items may be added to the agenda without the Common Council suspending the rules which shall require a unanimous vote of all those present. (c) At the end of the regular agenda the presiding officer shall afford the opportunity to any member of the Common Council to make announcements and/or provide verbal and/or written information to the other members of the Common Council so long as such items do not require immediate action or discussion by the Council. The Mayor and Clerk shall be afforded such privilege, also. (d) Any citizen or other interested party who wishes to address the Common Council shall be given an opportunity to do so during any regularly scheduled meeting of the Common Council. In order to be recognized by the presiding officer, any person wishing to make an address must complete a Request to Address Council Card ("Request") and submit same to the Clerk, or his deputy, prior to the beginning of the meeting at which the citizen wishes to speak. The Request shall include the person's name, address, city, state, zip code, telephone number and the name of the organization, if any, that the person is representing. The Request shall also include the topic about which the person wishes to speak. At the beginning of the meeting, the Clerk, or his deputy, shall present all Requests to the This Ordinance was prepared by Jon Oberlander, Carmel Assistant Corporation Counsel, on 11/22/19 at 11:04 AM. 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-2505-19 Class 2 City Code Cleanup Clean.docx SPONSOR: Councilor Finkam presiding officer. At the appropriate time in the Common Council's Order of Business, each such person may address the Common Council on the topic designated in his Request, except that persons may not so address the Common Council on topics in which a Public Hearing has been or will be held as a separate agenda item at that meeting of the Common Council. Prior to presenting their remarks, the person shall state for the record their name and address. Each speaker shall be limited to three (3) minutes. No speaker shall be permitted to cede his three (3) minute allotment to another speaker. Each speaker shall speak from the podium and shall state his or her name for the record. At the request of a Council Member or the Mayor, the Council may suspend the three minute time limit for an entire meeting, or, in the alternative, grant an individual speak an additional three (3) minutes of speaking time by a simple majority vote. If more than one Request is made, the presiding officer may call the Requests in any order, but should give preference to Requests in the following order: (1) A resident of the City. (2) A resident of Clay Township, Indiana who resides outside the corporate limits of the City. (3) A representative of any organization or business entity located in Clay Township, Indiana. (4) Any other person." Section 83. The following subsection of Carmel City Code Section 3-39 is hereby amended and shall read as follows: "(e) It shall be the duty of the Clerk of the City to place on the agenda any and all ordinances, orders or resolutions, which have received the disapproval of the Mayor, at the next regular or special meeting of the Council." Section 84. The remaining provisions of Carmel City Code Section 3-39 are not affected by this Ordinance and shall remain in full force and effect. Section 85. Carmel City Code Section 3-41 is hereby amended and shall read as follows: "The Clerk shall fully comply with Indiana law, and specifically I.C., 5-15-6 et seq., in the destruction of the tape recordings of meetings of the Common Council, following a three year waiting period beginning for each such tape on the day immediately following the date on which such recording was made." Section 86. The following subsection of Carmel City Code Section 3-44 is hereby amended and shall read as follows: "(b) Notice of the public hearing on an ordinance seeking to change the official zoning map or to amend City Code Chapter 10 shall be given by the petitioner at least ten days prior to the date of the hearing in one newspaper having a paid subscription with offices in the City or Clay Township, and a general circulation within the City and/or the Township. In the event there is no such newspaper in the City or Township having a paid subscription within the City or Township then, in that event, notice shall be published at least ten days This Ordinance was prepared by Jon Oberlander, Carmel Assistant Corporation Counsel, on 11/22/19 at 11:04 AM. 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-2505-19 Class 2 City Code Cleanup Clean.docx SPONSOR: Councilor Finkam prior to the date of the hearing in any one newspaper of general circulation in Hamilton County, Indiana, having offices within the County and having a paid subscription. Notice of the public hearing on an ordinance seeking to annex real property into the City's corporate boundaries shall be given by the petitioner in conformance with Indiana law. The cost of such notices shall be the responsibility of the person requesting the hearing. It shall be the responsibility of such person to provide proof of the publication of the notice required herein to the Clerk prior to the hearing date." Section 87. The remaining provisions of Carmel City Code Section 3-44 are not affected by this Ordinance and shall remain in full force and effect. Section 88. Carmel City Code Section 3-58 is hereby amended and shall read as follows: "§2-14 Establishment of Violations Bureau and Appointment of Violations Clerk. (a) There is established an Ordinance Violations Bureau in accordance with I.C. 33-36-2- 1. (b) The City Clerk will serve as the Clerk of the Violations Bureau. (1) The Violations Clerk may accept: a) Written appearances; b) Waivers of trial; c) Admissions of violations; and d) Payment of civil penalties up to a specific dollar amount set forth in an ordinance adopted by the legislative body, but not more than $250; in certain ordinance violations cases, subject to the schedule prescribed by the Common Council. (2) If a person: a) Denies an ordinance violation subject to this section; or b) Fails to satisfy a civil penalty assessed by the Violations Clerk after having entered an admission of the violation; or c) Fails to deny or admit the violation under this section; the Violations Clerk shall report this fact to the Corporation Counsel for the City of Carmel. d) The Corporation Counsel may initiate formal proceedings against the person for the alleged ordinance violation. (c) The following ordinance violations are designated as subject to admission before the Violations Clerk: (1) All parking violations described in §§ 8-34, 8-35, 8-37, 8-46, 8-47, 8-48, 8-49, 8- 50, 8-51, and 8-52 are subject to the schedule of fines contained in § 8-45(c). (1) All parking violations described in §§ 8-46, 8-47, 8-48, 8-49, 8-50 and 8-51 subject to the schedule of fines contained in § 8-45(c). (2) All false alarm and alarm permit violations described in §§ 4-72 and 4-77 subject to the schedule of fines contained in § 4-79. (3) All golf cart ordinance violations described in § 8-43 are subject to the schedule of fines contained in § 8-43(g)." This Ordinance was prepared by Jon Oberlander, Carmel Assistant Corporation Counsel, on 11/22/19 at 11:04 AM. 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-2505-19 Class 2 City Code Cleanup Clean.docx SPONSOR: Councilor Finkam Section 89. The following subsection of Carmel City Code Section 4-3 is hereby amended and shall read as follows: "(a) Unless otherwise provided, application for a license or permit shall be made in writing to the Controller upon forms provided by the City." Section 90. The remaining provisions of Carmel City Code Section 4-3 are not affected by this Ordinance and shall remain in full force and effect. Section 91. The following subsections of Carmel City Code Section 4-5 are hereby amended and shall read as follows: "(a) The fees required for any license or permit issued by the Controller shall be paid in cash and shall be paid before the granting of the license or permit. No fee paid shall be refunded, in part or in full, unless the license or permit is denied. (b) The fees required for any other license or permit issued by any other department of the City shall be deposited within 24 hours of receipt (excluding City-owned utilities) of said fees and proof of deposit shall be submitted to the Office of the Controller within the same time period. (c) Overdraft statements will be sent by the Office of the Controller to the department issuing the license or permit within 24 hours of receiving the overdraft notice and it shall be the sole responsibility of the department receiving the bad check to collect the debt. (d) All monies received for a permit or license by the City shall result in a receipt written by the office that received the money on a form approved by the State Board of Accounts. A copy of said receipt shall be attached to the deposit slip and submitted to the Office of the Controller." Section 92. The remaining provisions of Carmel City Code Section 4-5 are not affected by this Ordinance and shall remain in full force and effect. Section 93. The following subsection of Carmel City Code Section 4-6 is hereby amended and shall read as follows: "(b) Where certificates of insurance are required for a license or permit, such certificates shall be reviewed as to substance and form by the Mayor or Corporation Counsel and presented to the Board of Public Works and Safety for approval. All certificates of insurance shall name the City as an additional covered entity. All sureties, certified checks, and insurance certificates shall be in original form and shall be kept on file in the Office of the Controller." Section 94. The remaining provisions of Carmel City Code Section 4-6 are not affected by this Ordinance and shall remain in full force and effect. This Ordinance was prepared by Jon Oberlander, Carmel Assistant Corporation Counsel, on 11/22/19 at 11:04 AM. 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-2505-19 Class 2 City Code Cleanup Clean.docz SPONSOR: Councilor Finkam Section 95. The following subsections of Carmel City Code Section 4-8 are hereby amended and shall read as follows: "(a) Licenses or permit certificates shall show the name of the licensee or permittee, the date of issue, the activity licensed and the term of the license or permit, and shall be signed in the name of the City by the Mayor and Controller and be impressed with the City Seal. (b) The Controller shall keep a record of all licenses and permits issued." Section 96. The remaining provisions of Carmel City Code Section 4-8 are not affected by this Ordinance and shall remain in full force and effect. Section 97. The following subsections of Carmel City Code Section 4-13 are hereby amended and shall read as follows: "(a) The Mayor or the Board of Works shall be empowered to approve, deny, or suspend and/or revoke any license or permit issued by the Office of the Controller. (c) Appeal for revocation of a license or permit issued by the Office of the Mayor shall be heard by the Board of Works. Request for a hearing before said Board shall be submitted to the Controller's Office by the licensee or permittee, in writing, within seven days of revocation. Such appeal shall be placed on the agenda for the next regularly scheduled meeting of the Board of Works." Section 98. The remaining provisions of Carmel City Code Section 4-13 are not affected by this Ordinance and shall remain in full force and effect. Section 99. The following subsections of Cannel City Code Section 4-14 are hereby amended and shall read as follows: "(a) Not less than three days or more than ten days prior to a revocation hearing, the Controller shall notify the licensee and/or permittee in writing by registered/certified mail and/or in person of the date, time and place for said hearing. Failure to appear or to show just cause why the licensee or permittee is unable to attend and show cause why the license or permit should not be revoked, will automatically cause the license to remain permanently revoked. (b) The Executive or the Board of Public Works and Safety shall have up to 30 days to render their decision. Said decision will then be delivered by regular mail, in the form of the approved minutes, by the Controller, to the licensee or permittee. The Board of Public Works and Safety or Mayor shall have the right to call any witness in order to solicit information necessary to render a decision." Section 100. The remaining provisions of Carmel City Code Section 4-14 are not affected by this Ordinance and shall remain in full force and effect. This Ordinance was prepared by Jon Oberlander, Carmel Assistant Corporation Counsel, on 11/22/19 at 11:04 AM. 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-2505-19 Class 2 City Code Cleanup Clean.docx SPONSOR: Councilor Finkam Section 101. The following subsections of Carmel City Code Section 4-20 are hereby amended and shall read as follows: "(c) Application for license. Any person desiring to obtain a license for a coin-operated amusement machine may apply to the Controller's Office on a form to be furnished by the City, disclosing and affirming to the following information: (10) All forms must be completely answered prior to processing the application by the Controller's Office. (d) License fee. The annual fee, commencing at the issuance of the license, for each amusement location shall be as follows: (3) The fees required by this section are non-refundable and payable in advance. The number of machines per location shall not exceed at any time the total number of machines stated on the license application; however, the licensee may transfer licenses within the number of machines licensed by advising the Controller of the serial numbers of replacement machines. (e) Operations. (10) The City reserves the right to inspect the premises at any reasonable time to verify that the number of devices are in accord with the license on display and the number listed in the Controller's Office at City Hall, and compliance with all other provisions of this chapter." Section 102. The remaining provisions of Cannel City Code Section 4-20 are not affected by this Ordinance and shall remain in full force and effect. Section 103. Carmel City Code Section 4-41 is hereby amended and shall read as follows: "Pursuant to I.C. 36-4-5-5, the Mayor shall have the power to hear complaints against any holder of a taxicab or limousine license. Complaints shall be in writing and filed with the Controller, who shall forward the same to the Mayor for action. Proceedings under this section shall thereafter be conducted in accordance with I.C. 36-4-5-5." Section 104. The following subsections of Cannel City Code Section 4-44 are hereby amended and shall read as follows: "(a) Any person desiring to operate a taxicab or limousine within the city shall apply to the Controller for issuance of a taxicab license. Upon receipt of an application for a taxicab license, the Controller shall submit the application to the City of Carmel's Board of Public Works and Safety, and the matter shall appear as an agenda item at a regularly scheduled Board of Public Works meeting. (b) Following a favorable decision on an application for a taxicab license under subsection(a), the Controller shall issue a taxicab license to the applicant. The license shall authorize the holder to operate a taxicab or limousine service within the City pursuant to the terms of this chapter and to apply for not more than 30 taxicab driver registrations to be This Ordinance was prepared by Jon Oberlander, Carmel Assistant Corporation Counsel, on 11/22/19 at 11:04 AM. 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-2505-19 Class 2 City Code Cleanup Clean.docx SPONSOR: Councilor Finkam listed and filed as part of the license." Section 105. Carmel City Code Section 4-46 is hereby amended and shall read as follows: "§ 4-46 Information Provided to Controller. (a) Prior to issuance of a taxicab license, an applicant shall submit to the Controller the following information: (1) The number of taxicabs or limousines to be licensed and operated; (2) A full transcript of the information appearing on the certificate of title of each vehicle to be operated byr applicant, and the state license plate number of each such vehicle; (3) The insignia, identifying name, and color scheme to be used on the applicant's vehicles; (4) Proof that the applicant has been registered with the Indiana Secretary of State as a business authorized to operate in the State of Indiana; (5) A current financial statement of the applicant; (6) The name, address and a copy of the driver's license of every driver operating a taxicab or limousine under the requested license and a certification that the applicant, if an individual, or the partners, if applicant is a partnership, or the principals of the corporation, if applicant is a corporation including all drivers, have never been convicted of a felony, operating a motor vehicle while intoxicated, reckless driving or domestic abuse; (7) A copy of the applicant's limited criminal history, which shall be obtained by the applicant from the Indiana State Police Department. All applications shall be transmitted by the Controller to the Carmel Police Department for review; (8) A certificate from a reputable mechanic's shop that the vehicle used as a taxicab or limousine is roadworthy and safe for operation as a taxicab or limousine. Taxicabs and limousines must be re-inspected every three years and the inspection records filed in the Controller's Office; (9) A certificate affirming that the applicant will release, hold harmless and indemnify the City for losses associated with or arising out of the use of the taxi or limousine, including claims that may be made by third parties against the City; and (10) Any other information required by the Controller or Board of Public Works and Safety. (b) If at any time the information provided in accordance with subsection(a) changes, the holder of the taxicab license shall submit the revised information to the Controller's Office in writing within 30 days." Section 106. The following subsection of Carmel City Code Section 4-47 is hereby amended and shall read as follows: "(a) Each license shall be valid for a period of one year unless sooner revoked pursuant to Carmel City Code § 4-13. Licenses shall be renewable at the option of the Board of Public Works and Safety. Applications for renewal shall be submitted to the Controller not less than 30 days prior to expiration. The renewal application shall then be submitted to the Board of Public Works and Safety for review and consideration. Renewal licenses shall be This Ordinance was prepared by Jon Oberlander, Carmel Assistant Corporation Counsel, on 11/22/19 at 11:04 AM. 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-2505-19 Class 2 City Code Cleanup Clean.docx SPONSOR: Councilor Finkam granted upon the same terms and conditions as the original license. It shall be the sole responsibility of the vendor and driver to reapply for a renewal in a timely manner. The Controller is not required to notify the vendor or driver prior to expiration of his license before revocation or refusal to issue a renewal license takes place." Section 107. The remaining provisions of Cannel City Code Section 4-47 are not affected by this Ordinance and shall remain in full force and effect. Section 108. The following subsection of Cannel City Code Section 4-50 is hereby amended and shall read as follows: "(a) No license shall be issued until the applicant has filed with the Controller an insurance binder demonstrating that the applicant has sufficient insurance for liability and property damage, in those amounts provided in this division." Section 109. The remaining provisions of Cannel City Code Section 4-50 are not affected by this Ordinance and shall remain in full force and effect. Section 110. The following subsections of Carmel City Code Section 4-53 are hereby amended and shall read as follows: "(c) Application procedure. Each licensee shall submit an application for each driver who will operate a taxicab or limousine within the Carmel City limits to the Controller. The written information contained in said application shall include the following: (1) Name, address and date of birth of the driver; (2) Whether or not the driver has been convicted of any felony, the offense of operating a motor vehicle while intoxicated, or reckless driving, domestic abuse and/or if the driver's license has ever been revoked, suspended, canceled or seized by any State agency. (3) A copy of the applicant driver's limited criminal history, which the applicant/driver shall obtain from the Indiana State Police Department. (4) A copy of the applicant drivers', Indiana driving record abstract, which the applicant/driver shall obtain from the Indiana Bureau of Motor Vehicles. (5) Such other information as the Controller shall deem necessary. (6) All applications shall be transmitted by the Controller to the Carmel Police Department for review. (7) The Controller shall be entitled to collect a fee of $25 for each approved driver's license application submitted. (e) Licensing procedure. Each applicant for a taxicab or limousine driver's license shall submit an application to the Controller, along with all required fees and other required items. The Controller shall be empowered to determine, regarding driver's license applicants, whether or not a license shall be issued to an applicant. If the driver's license applicant wishes to appeal a denial of license he may do so to the Board of Public Works." This Ordinance was prepared by Jon Oberlander, Carmel Assistant Corporation Counsel, on 11/22/19 at 11:04 AM. 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-2505-19 Class 2 City Code Cleanup Clean.docx SPONSOR: Councilor Finkam Section 111. The remaining provisions of Carmel City Code Section 4-53 are not affected by this Ordinance and shall remain in full force and effect. Section 112. The following subsection of Carmel City Code Section 4-66 is hereby amended and shall read as follows: "(c) Such agreements, upon the passage of an appropriate ordinance, shall be kept on file in the office of the Controller." Section 113. The remaining provisions of Carmel City Code Section 4-66 are not affected by this Ordinance and shall remain in full force and effect. Section 114. The following subsections of Carmel City Code Section 4-67 are hereby amended and shall read as follows: "(b) The CCTAC shall have the authority to enforce the rules and regulations as provided in the agreement. Any interested party shall have the right to appeal a decision of the CCTAC to the Common Council by filing written notice of the same with the Controller's office within seven working days of the adverse decision. Such item shall be added to the next Common Council agenda in accordance with the provisions in the City Code. (c) Such agreement is kept on file in the office of the Controller and in the offices of the local cable franchise holder, and may be amended from time to time upon recommendation of the CCTAC and the adoption of a resolution of the Common Council." Section 115. The remaining provisions of Carmel City Code Section 4-67 are not affected by this Ordinance and shall remain in full force and effect. Section 116. The following subsections of Carmel City Code Section 4-68 are hereby amended and shall read as follows: "(j) Filing of applications. If the Franchise Coordinators or the Committee decides that a requester should be required to file an application containing the information specified in subsection(k)hereinbelow, such application shall be filed with the Franchise Coordinators and the Controller no later than 60 days after the date the Franchise Coordinators request such information. Upon receipt of the application, the Franchise Coordinators shall forward copies of the application to each member of the Committee. (r) Council review of application rejections. (1) Any person or entity whose letter of interest in or application for a Franchise is rejected by the Franchise Coordinators and the Franchise Coordinators' rejection is affirmed by the Committee in accordance with the provisions of this section may, within 15 days from the date of the Committee's written rejection of same, petition the Council for a review of that decision by filing written notice thereof with the Controller;' This Ordinance was prepared by Jon Oberlander, Carmel Assistant Corporation Counsel, on 11/22/19 at 11:04 AM. 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-2505-19 Class 2 City Code Cleanup Clean.docx SPONSOR: Councilor Finkam Section 117. The remaining provisions of Carmel City Code Section 4-68 are not affected by this Ordinance and shall remain in full force and effect. Section 118. The following subsection of Carmel City Code Section 4-69(w) is hereby amended and shall read as follows: "(w) Security fund. (1) Within 30 days after the execution of the Franchise agreement, the Operator shall deposit with the City monies, a bond, a letter of credit, or a combination of these instruments made payable to the City in amounts specified in the Franchise agreement (the security fund) as security for the faithful performance of all the provisions of the Franchise agreement, for payment of administrative fines described in subsection (z) below, and for payments by the Operator of any claims, liens, and taxes due the City which arise by reason of the construction, operation, or maintenance of the system. Any monies deposited pursuant to this subsection shall be placed by the Controller in an interest-bearing account at a bank or local savings institution agreeable to both parties. Interest on this account will accrue to the benefit of the Operator upon completion and activation of the system as required by the Franchise agreement." Section 119. The remaining provisions of Carmel City Code Section 4-69 are not affected by this Ordinance and shall remain in full force and effect. Section 120. The following subsection of Cannel City Code Section 4-74 is hereby amended and shall read as follows: "(b) After the receipt of the application for an alarm system permit and payment of the permit fee, the Chief of the Carmel Police Department or his designee shall record the application data for use by emergency response personnel. All information on such application shall be protected as confidential information; provided, however, nothing in this chapter shall prohibit the use of such information for legitimate law enforcement purposes and for enforcement of this chapter. The Chief of the Cannel Police Department or his designee shall forward the permit fees to the Controller for deposit into the General Fund." Section 121. The remaining provisions of Carmel City Code Section 4-74 are not affected by this Ordinance and shall remain in full force and effect. Section 122. The following subsection of Carmel City Code Section 6-53 is hereby amended and shall read as follows: "(b) This section shall not apply to such temporary lawful and harmless displays for meetings, charities, church suppers, etc., of when a permit therefore has been issued by the Controller." Section 123. The remaining provisions of Carmel City Code Section 6-53 are not affected by this Ordinance and shall remain in full force and effect. This Ordinance was prepared by Jon Oberlander, Carmel Assistant Corporation Counsel, on 11/22/19 at 11:04 AM. 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-2505-19 Class 2 City Code Cleanup Clean.docx SPONSOR: Councilor Finkam Section 124. The following subsection of Cannel City Code Section 6-80 is hereby amended and shall read as follows: "(a) Inspection of premises. Whenever complaint is made to the Mayor that a public nuisance exists or has existed within the City, he shall promptly notify the Building Commissioner, or some other City official whom the Mayor shall designate, who shall forthwith inspect or cause to be inspected the premises and shall make a written report of his fmdings to the Mayor. Whenever practicable, the inspection officer shall cause photographs to be made of the premises and shall file the same in the office of the Clerk." Section 125. The remaining provisions of Cannel City Code Section 6-80 are not affected by this Ordinance and shall remain in full force and effect. Section 126. The following subsections of Cannel City Code Section 6-82(c)are hereby amended and shall read as follows: "(8) The Controller shall make a certified statement of the actual cost incurred by the City in such covering and/or removal, and issue a bill for such costs, including administrative costs and removal costs, which bill shall be delivered to the owner either by hand or by certified mail, return receipt requested. The owner shall, within ten days of receipt or refusal of such notice, pay the amount due at the Controller's office. (9) Any notice of violation or bill issued under this section may be appealed to the Board of Public Works and Safety if notice of appeal is given to the Controller within seven days of the owner's receipt or refusal of the notice of violation. The Board of Public Works and Safety shall hear any properly requested appeal at a regularly scheduled meeting within 15 business days following receipt of such appeal request and shall make a determination at the meeting at which it hears the appeal or at its subsequent regularly scheduled meeting. (10) If the owner fails to pay a bill issued under this section within the time specified, the Controller shall certify to the County Auditor the amount of the bill, plus any additional administrative costs incurred in the certification. The auditor shall place the total amount certified on the tax duplicate for the property affected, and the total amount, including any accrued interest, shall be collected as delinquent taxes are collected and shall be disbursed to the general fund of the City." Section 127. The remaining provisions of Carmel City Code Section 6-82 are not affected by this Ordinance and shall remain in full force and effect. Section 128. Carmel City Code Section 6-89 is hereby amended and shall read as follows: "§ 6-89 Collection of Monies from Property Owners. If the owner fails to pay said sum assessed for the removal and/or cutting of the debris, weeds, or rank vegetation within the time prescribed, the Controller shall file a certified copy of the statement of costs in the Auditor's office of Hamilton County, and the Auditor This Ordinance was prepared by Jon Oberlander, Carmel Assistant Corporation Counsel, on 11/22/19 at 11:04 AM. 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-2505-19 Class 2 City Code Cleanup Clean.docz SPONSOR: Councilor Finkam shall place the amount so claimed on the tax duplicate against the lands of the landowner affected by the lien, and the same shall be collected as taxes disbursed to the General Fund of the City." Section 129. The following subsection of Carmel City Code Section 6-169(b) is hereby amended and shall read as follows: "(7) A permit issued under this Article is effective upon issuance. Within five working days after a permit is issued, the Administrator shall publish a declaration that the permit has been issued, in these locations: a. A local newspaper of general circulation in the City at least one time per week for two consecutive weeks; b. On the front page of the Department of Community Services website, for a period of 30 days; and c. At the office of the Controller for the City for a period of 30 days." Section 130. The remaining provisions of Carmel City Code Section 6-169 are not affected by this Ordinance and shall remain in full force and effect. Section 131. The following subsection of Carmel City Code Section 6-206 is hereby amended and shall read as follows: "(b) A request for rescission, modification, variance, or extension of time shall be made in writing, to the Controller's Office, to be placed on the Board of Public Works and Safety agenda, within ten days of the appellant's receipt of a copy of the notice or order. The Board of Public Works and Safety shall schedule a hearing within 30 days of receipt of the request." Section 132. The remaining provisions of Cannel City Code Section 6-206 are not affected by this Ordinance and shall remain in full force and effect. Section 133. The following subsection of Carmel City Code Section 6-220(h) is hereby amended and shall read as follows: "(2) Procedure and hearing. A request for rescission, modification, variance, or extension of time shall be made in writing, to the Controller's Office, to be placed on the Board of Public Works agenda, within ten days of the appellant's receipt of a copy of the notice or order. The Board of Public Works shall schedule a hearing within 30 days of receipt of the request." Section 134. The remaining provisions of Cannel City Code Section 6-220 are not affected by this Ordinance and shall remain in full force and effect. Section 135. The following subsection of Cannel City Code Section 7-3 is hereby amended and shall read as follows: This Ordinance was prepared by Jon Oberlander, Carmel Assistant Corporation Counsel, on 11/22/19 at 11:04 AM. 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-2505-19 Class 2 City Code Cleanup Clean.docx SPONSOR: Councilor Finkam "(c) All permits, certificates of occupancy and similar documents regarding the administration and enforcement of this Code shall be issued by the Director, who shall be responsible for determining that the same are in compliance with the terms of this chapter. The Director shall receive and review all applications submitted pursuant to this chapter, furnish prescribed documents and forms, issue notices or orders, and otherwise regulate and administer all matters pertaining to zoning, subdivision and signage control within the jurisdiction of the Commission, including the retention of all records related thereto, with the exception of official documents required to be retained by the Clerk. All such records shall be open to public inspection during normal office hours, but shall not be removed from the Office of the Director." Section 136. The remaining provisions of Carmel City Code Section 7-3 are not affected by this Ordinance and shall remain in full force and effect. Section 137. The following subsection of Carmel City Code Section 9-25 is hereby amended and shall read as follows: "(a) The Water Master Plan for the City is adopted and incorporated by reference as though set out in its entirety within this division. Copies of said Water Master Plan shall be maintained in the office of the Clerk and the Public Utilities Office for Water." Section 138. The remaining provisions of Carmel City Code Section 9-25 are not affected by this Ordinance and shall remain in full force and effect. Section 139. Carmel City Code Section 9-27 is hereby amended and shall read as follows: "§ 9-27 Sale of Untreated Water. Any agreements by the City to sell untreated water to another water utility must be duly approved by proper ordinance passed by the Common Council, and maintained in the Office of the Clerk for public inspection." Section 140. The following subsection of Carmel City Code Section 9-216 is hereby amended and shall read as follows: "(b) Any such agreements must be duly approved by proper ordinance passed by the Common Council, and maintained in the Office of the Clerk for public inspection." Section 141. The remaining provisions of Carmel City Code Section 9-216 are not affected by this Ordinance and shall remain in full force and effect. Section 142. Carmel City Code Section 10-1 is hereby amended and shall read as follows: "§ 10-1 Unified Development Ordinance Incorporated by Reference. The Unified Development Ordinance, and all Ordinances amendatory thereto, are hereby incorporated herein by reference, with copies of the same being maintained in the Office of the Clerk and the Department of Community Services for public inspection during regular This Ordinance was prepared by Jon Oberlander, Carmel Assistant Corporation Counsel, on 11/22/19 at 11:04 AM. 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-2505-19 Class 2 City Code Cleanup Clean.docx SPONSOR: Councilor Finkam business hours." Section 143. Carmel City Code Section 10-300 is hereby amended and shall read as follows: "§ 10-300 Comprehensive Plan Incorporated by Reference. Ordinance No. D-454, and all ordinances amendatory thereto, including all text, figures, charts, maps and diagrams contained in the Comprehensive Plan, are incorporated herein by reference, with copies of the same being maintained in the Office of the Clerk and the Department of Community Services for public inspection during regular business hours." Section 144. Carmel City Code Section 10-400 is hereby amended and shall read as follows: "§ 10-400 Zoning Map Incorporated by Reference. The Official Zoning Map of the City of Carmel and Clay Township, and all Ordinances amendatory thereto, are hereby incorporated herein by reference, with copies of the same being maintained in the Office of the Clerk and the Department of Community Services for public inspection during regular business hours." Section 145. The following subsection of Carmel City Code Section 6-63 is hereby amended and shall read as follows: "(k) Penalties. Any person violating this section shall be subject to a fme of $10, for the first such offense, a fme of$25, for the second offense, and a fine of$100, plus costs, for all subsequent offenses. If a vehicle displays an invalid permit, the fine amount will be increased by an additional $150. This does not limit the authority of the court to impose additional penalties as permitted by law for moving violations, including suspension of driving privileges and mandating the violator attend and complete a defensive driving class. First and second offense violations of this section may be filed with the Ordinance Violations Bureau." Section 146. The remaining provisions of Carmel City Code Section 6-63 are not affected by this Ordinance and shall remain in full force and effect. Section 147. The following subsection of Carmel City Code Section 4-79 is hereby amended and shall read as follows: "(a) The following code (or ordinance) provisions and respective civil penalties are designed for enforcement through a court of appropriate jurisdiction." Section 148. The remaining provisions of Cannel City Code Section 4-79 are not affected by this Ordinance and shall remain in full force and effect. Section 149. The following subsection of Carmel City Code Section 6-67 is hereby repealed: "(d) Tl.e C., el City Court shall li risdictio a olatio of th ection" This Ordinance was prepared by Jon Oberlander, Carmel Assistant Corporation Counsel, on 11/22/19 at 11:04 AM. 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-2505-19 Class 2 City Code Cleanup Clean.docz SPONSOR: Councilor Finkam Section 150. The remaining provisions of Carmel City Code Section 6-67 are not affected by this Ordinance and shall remain in full force and effect. Section 151. The following subsections of Carmel City Code Section 6-88 are hereby amended and shall read as follows: "(k) This section supplements and does not limit any other remedy or action available in law or in equity regarding the subject matter hereof. (1) This section shall not apply to an Agricultural District." Section 152. 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 153. The following subsections of Carmel City Code Section 6-117 are hereby amended and shall read as follows: "(a) Public property. (4) Impounded vehicles shall be released either upon payment by the owner, operator, or authorized representative of same, of the fees charged for towing and storage, or upon order of the Chief of Police or his designee, or upon the order of a court of appropriate jurisdiction. (b) Private property. (2) Impounded vehicles shall be released either upon payment by the owner, operator, or authorized representative of same, of the fees charged for towing and storage, or upon order of the Chief of Police or his designee, or upon the order of a court of appropriate jurisdiction." Section 154. The remaining provisions of Carmel City Code Section 6-117 are not affected by this Ordinance and shall remain in full force and effect. Section 155. The following subsections of Carmel City Code Section 6-118 are hereby amended and shall read as follows: "(a) If such vehicle is not removed within three days after such notice, the Chief of Police, or his designee shall issue a written order of violation of § 6-108 subject to civil penalties of this Code and enforcement shall be by the Corporation Counsel or his designee, and appropriate action by a court of competent jurisdiction. (b) The form of all notices shall be issued pursuant to the provisions of I.C., 9-22-1-11. (c) Any person who is judged to have violated the provisions of this Code is subject to a fine of up to $500 in addition to towing and storage charges." . Section 156. The remaining provisions of Carmel City Code Section 6-118 are not affected by this Ordinance and shall remain in full force and effect. This Ordinance was prepared by Jon Oberlander, Carmel Assistant Corporation Counsel, on 11/22/19 at 11:04 AM. 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-2505-19 Class 2 City Code Cleanup Clean.docz SPONSOR: Councilor Finkam Section 157. The following subsections of Cannel City Code Section 6-135 are hereby amended and shall read as follows: "§ 6-135 Penalties. (a) Subject to § 6-133 of this Code, upon a fording by a court of competent jurisdiction that an animal is a "Vicious Animal" as defined in § 6-130 of this Code, and such vicious animal: (1) Does not have a valid permit in accordance with the provisions of this division; or (2) Has an owner who had not secured or maintained liability insurance in accordance with the provisions of this division; or (3) Is outside of its dwelling, or outside of its enclosure in violation of the provisions of this division; or (4) Is not tattooed or otherwise permanently marked in accordance with the provisions of this division. Such vicious animal shall be confiscated by the Animal Control Officer and, upon order of a court of competent jurisdiction, destroyed in an expeditious and humane manner. In addition, the owner of the vicious animal shall pay a fine of up to$2,500. (b) If a vicious animal shall, when unprovoked, kill wound, or assist in killing or wounding a domestic animal, the vicious animal shall be confiscated by the Animal Control Officer and, upon order of a court of competent jurisdiction, be destroyed in an expeditious and humane manner. In addition, the owner of such vicious animal shall pay a fine of up to$2,500. (c) If a vicious animal shall, when unprovoked, attack, assault, wound, bite or otherwise injure or kill a human being, the vicious animal shall be confiscated by the Animal Control Officer and, upon order of a court of competent jurisdiction, be destroyed in an expeditious and humane manner. In addition, the owner of such vicious animal shall pay a fine of up to $2,500. (d) The penalty provisions of subsections (a), (b), and (c) above shall not apply unless the animal, prior to the offense alleged, shall have been declared to be a vicious animal pursuant to the provisions of this division." Section 158. The remaining provisions of Cannel City Code Section 6-135 are not affected by this Ordinance and shall remain in full force and effect. Section 159. The following subsections of Carmel City Code Section 6-136 are hereby amended and shall read as follows: "(a) In the event the Animal Control Officer reasonably believes that an animal is a vicious animal as that term is defined in § 6-130 of the Code, he is empowered to refer the matter to a court of competent jurisdiction for the purpose of determining whether or not the animal in question should be declared a vicious animal for purposes of this division and § 4-29 of this Code. (c) Whenever a court of competent jurisdiction determines that an animal is a vicious animal, it shall allow an appropriate time for the appeal of such decision and/or of any penalty imposed by the court as a result of such decision, and, if the court orders such animal to be destroyed, for any medical tests which may need to be performed on the This Ordinance was prepared by Jon Oberlander, Carmel Assistant Corporation Counsel, on 11/22/19 at 11:04 AM. 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-2505-19 Class 2 City Code Cleanup Clean.docx SPONSOR: Councilor Finkam animal." Section 160. The remaining provisions of Carmel City Code Section 6-136 are not affected by this Ordinance and shall remain in full force and effect. Section 161. Carmel City Code Section 6-148 is hereby amended and shall read as follows: "Any person found to be in violation of this division shall be subject to a fine of up to $500 for each violation." Section 162. The remaining provisions of Carmel City Code Section 6-148 are not affected by this Ordinance and shall remain in full force and effect. Section 163. The following subsections of Carmel City Code Section 6-157 are hereby amended and shall read as follows: "(d) Citations. Citations for violation of this section may be issued by any member of the Carmel Metropolitan Police Department." Section 164. The remaining provisions of Cannel City Code Section 6-157 are not affected by this Ordinance and shall remain in full force and effect. Section 165. The following subsections of Carmel City Code Section 7-78 are hereby amended and shall read as follows: "(c) A well owner, driller, or user may be subject to the emergency provisions of Ordinance A-60 in the event of a water emergency." Section 166. The remaining provisions of Carmel City Code Section 7-78 are not affected by this Ordinance and shall remain in full force and effect. Section 167. The following subsection of Carmel City Code Section 7-85 is hereby amended and shall read as follows: "(d) Enforcement. For each day of non-compliance with this section which presents a hazard to the aquifer serving the City water supply, an individual, organization, and/or business may be fined $1,000 a day. Such fines may remain in effect until such revisions are completed to be in compliance with this section. Violations of this section shall be cited by the Carmel Municipal Metropolitan Police Department or Carmel Utilities employee." Section 168. The remaining provisions of Cannel City Code Section 7-85 are not affected by this Ordinance and shall remain in full force and effect. Section 169. The following subsections of Cannel City Code Section 8-43(g) are hereby amended and shall read as follows: This Ordinance was prepared by Jon Oberlander, Cannel Assistant Corporation Counsel, on 11/22/19 at 11:04 AM. 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-2505-19 Class 2 City Code Cleanup Clean.docx SPONSOR: Councilor Finkam "(3) Any person who violates subsection (f)(8) shall receive a formal court citation subject to fines and costs. (4) Failure to pay OVB citations in the manner proscribed herein, and/or pursuant to Cannel City Code § 2-14, may result in formal proceedings being initiated by the Office of Corporation Council." Section 170. 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 171. The following subsections of Cannel City Code Section 8-45 are hereby amended and shall read as follows: "(c) Any police officer who observes the violation of any provision of Chapter 8, Article 5 of the City Code shall attach to the offending vehicle a notice to the owner/operator thereof that such vehicle has been parked in violation of same and advising that such person may, within seven days from the date of such notice, pay to the Carmel City Court, as a fine for and in full satisfaction of such violation, the sum of $10, except that, in the case of a vehicle that is unlawfully parked in a properly marked handicapped parking space, or that has been backed into a parking space in violation of § 8-50 of the City Code, such fine shall be in the sum of$50. Upon the failure of the owner/operator to make such payment within the seven-day period, the original parking fine shall increase from $10 to $20 or from$50 to $70, as applicable. If this enhanced parking fine is not paid in full, through the City Court's violations bureau, on or before the date and time set forth on the parking ticket for the City Court hearing on the parking violation, the owner/operator who has been issued said ticket shall be required to appear before the City Court and be subject to the general penalties provided for violations of the provisions of Article 5 of this Chapter. Nothing contained in this subsection shall limit the City's right to also tow and impound any vehicle found to be parked in violation of any provision of Article 5 of this Chapter, the costs of such towing and impoundment to be paid by the vehicle owner in addition to the payment of any fine assessed hereunder. (d) All fmes received by the City Court for violations of Article 5 of this chapter shall be deposited into the City's General Fund pursuant to applicable law. (f) The City Court shall have jurisdiction over all violations of the provisions of Article 5 of this chapter." Section 172. The remaining provisions of Cannel City Code Section 8-43 are not affected by this Ordinance and shall remain in full force and effect. Section 173. The following subsection of Carmel City Code Section 8-69 is hereby amended and shall read as follows: "(f) The Carmel Police Department shall enforce violations of this section." Section 174. The remaining provisions of Cannel City Code Section 8-69 are not affected by this Ordinance and shall remain in full force and effect. This Ordinance was prepared by Jon Oberlander, Carmel Assistant Corporation Counsel, on 11/22/19 at 11:04 AM. 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-2505-19 Class 2 City Code Cleanup Clean.docx SPONSOR: Councilor Finkam Section 175. Cannel City Code Section 8-92 is hereby repealed. Section 176. Carmel City Code Section 9-17 is hereby repealed. Section 177. 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 178. 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 179. 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. f// f� DPASSED by the Common Council of the City of Cannel, Indiana this /(O day of ec F� 2019,by a vote of 7 ayes and (7 nays. CO OUNCIL FOR THE CITY ! C• ' Jef ell, Pre ' nt An o Laura D. Campbell, Vice-President H. Bruce Ki . Ar ltigt arter evin D. Rider ALs Jrit Sur- a / TTE; ._ v smnrsttme S. Pauley, Clerk-Treasurer Presented by me to the Mayor of Cijiof armel, In iana is - day of iQ GP h--P r 2019, at if / Christine S. auley, Clerk- asurer This Ordinance was prepared by Jon Oberlander, 1 Assistant Corporation Counsel, on 11/22/19 at 11:04 AM. 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-2505-19 Class 2 City Code Cleanup Clean.docx SPONSOR: Councilor Finkam f"V1 Approved by me, Mayor of the City of Cagnel, Indiana, this 1 1 day of e Cf W l)0—P'✓ 2019, at 2•• K$7 M. Gy1 James Br nard, Mayor ATTEST: — Christine S. auley, Clerk-Treasurer This Ordinance was prepared by Jon Oberlander, Carmel Assistant Corporation Counsel, on 11/22/19 at 11:04 AM. 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-2505-19 Class 2 City Code Cleanup Clean.docz