HomeMy WebLinkAboutD-2533-20_City_concert_halls_and_theatres; Adding Capter 2 Article 1 Section 2-9.4 to City Code SPONSOR(S): Councilors Campbell,
Worrell, and Aasen
This Ordinance was last edited by Douglas Haney, Corporation Counsel, on 06/19/20 at 10:45 a.m.
ORDINANCE NO. D-2533-20
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA,
ADDING CHAPTER 2, ARTICLE 1, SECTION 2-9.4 TO THE CARMEL CITY CODE
Synopsis: This ordinance establishes the manner in which the City of Carmel will exercise its
public safety powers, as they relate to the closure of live theatre and concert halls owned by the
City, in circumstances in which the use of such properties and/or the conduct of persons attending
performances on such properties may endanger the public health, safety, or welfare, or cause other
persons to contract diseases
WHEREAS, pursuant to Indiana Code Section 36-8-2-4, the City of Carmel, Indiana (“City”) has the
power and authority to address and restrict conduct and the use of property that might endanger the
public health, safety, or welfare; and
WHEREAS, pursuant to Indiana Code Section 36-8-2-5, the City has the power and authority to address
and restrict persons that might cause other persons to be injured or contract diseases; and
WHEREAS, pursuant to Indiana Code Section 36-1-3-6, when there is no constitutional or statutory
provision requiring a specific manner for exercising a power, a municipality wanting to exercise that
power must have its legislative body adopt an ordinance prescribing a specific manner for exercising it;
and
WHEREAS, there is no constitutional or statutory provision requiring a specific manner for exercising
the City’s public safety powers as set forth in Indiana Code Sections 36-8-2-4 and 36-8-2-5; and
WHEREAS, whenever a public health crisis involves a contagious, infectious disease that is able to be
contracted through close human interaction, live theatre and concert halls, unless temporarily closed,
provide fertile grounds for the spread of such a disease to others and to thereby endanger the public
health, safety, and welfare; and
WHEREAS, it would not be in the public interest for the City to contribute to the potential spread of a
contagious, infectious disease by keeping its own theatres and concert halls open to the public during a
public health crisis; and
WHEREAS, as demonstrated by the current COVID-19 pandemic, it is now prudent and in the public
interest to establish, by ordinance, the specific manner in which the City will exercise its public safety
powers, as set forth in Indiana Code Sections 36-8-2-4 and 36-8-2-5, as they specifically relate to the
closure of live theatre and concert halls owned by the City.
Ordinance D-2533-20
Page One of Three Pages
DocuSign Envelope ID: ACBA55E2-3375-49F0-8B31-FC843103AD8F
SPONSOR(S): Councilors Campbell,
Worrell, and Aasen
This Ordinance was last edited by Douglas Haney, Corporation Counsel, on 06/19/20 at 10:45 a.m.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel as follows:
Section 1. The foregoing Recitals are fully incorporated herein by this reference.
Section 2. Section 2-9.4 should be and the same is hereby added to the Carmel City Code, and shall read
as follows:
“§ 2-9.4 Mayor Granted Authority To Exercise City’s Public Safety Powers Under Indiana
Code Sections 36-8-2-4 and 36-8-2-5, As Amended, With Regard To The Closure
Of Live Theatre and Concert Halls Owned By The City
(a) Pursuant to Indiana Code Section 36-1-3-6, as amended, the Carmel Common Council hereby
grants to the Mayor of the City of Carmel the authority to, and designates him or her as the person
who shall on the City’s behalf exercise, the City’s public safety powers as set forth in Indiana
Code Sections 36-8-2-4 and 36-8-2-5, as amended, with such authority, designation, and power
being specifically limited to the closure of live theatre and concert halls owned by the City to
protect public health.
(b) The Mayor shall give the Common Council at least twenty-four (24) hours advance notice before
exercising his or her power pursuant to this section and shall therein identify with reasonable
particularity the circumstances prompting him or her to do so.
(c) The Common Council, by a majority vote of five or more Councilors taken at a properly noticed
and held public meeting, may rescind or condition any live theatre or concert hall closure
declaration made by the Mayor pursuant to this Section.”
Section 3. 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 as if this Ordinance had not been adopted.
Section 4. 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 5. This Ordinance shall be in full force and effect from and after the date of its passage and
signing by the Mayor and shall expire by its own terms unless extended by subsequent ordinance.
Ordinance D-2533-20
Page Two of Three Pages
DocuSign Envelope ID: ACBA55E2-3375-49F0-8B31-FC843103AD8F
SPONSOR(S): Councilors Campbell,
Worrell, and Aasen
This Ordinance was last edited by Douglas Haney, Corporation Counsel, on 06/19/20 at 10:45 a.m.
PASSED by the Common Council of the City of Carmel, Indiana, this ____ day of _____________
2020, by a vote of _____ ayes and _____ nays.
COMMON COUNCIL FOR THE CITY OF CARMEL
___________________________________ __________________________________
Laura D. Campbell, President H. Bruce Kimball
___________________________________ __________________________________
Sue Finkam, Vice-President Miles Nelson
___________________________________ __________________________________
Adam Aasen Kevin D. Rider
___________________________________ __________________________________
Anthony Green Jeff Worrell
___________________________________
Timothy J. Hannon
ATTEST:
__________________________________
Sue Wolfgang, Clerk
Presented by me to the Mayor of the City of Carmel, Indiana th is ____ day of __________________
2020, at _______ __.M.
____________________________________
Sue Wolfgang, Clerk
Approved by me, Mayor of the City of Carmel, Indiana, this _____ day of ______________________
2020, at _______ __.M.
___________________________________
James Brainard, Mayor
ATTEST:
___________________________________
Sue Wolfgang, Clerk
Ordinance D-2533-20
Page Three of Three Pages
DocuSign Envelope ID: ACBA55E2-3375-49F0-8B31-FC843103AD8F
A
Not Present
July
7:50
8th
9:50
8
July
0
7th
July
P
6th