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HomeMy WebLinkAboutD-2534-20_-_Loitering_ordinance_DCH Sponsors: Finkam, Kimball, Campbell, Rider This ordinance was drafted by Douglas C. Haney, Carmel Corporation Counsel, on June 29, 2020 at 12:50 PM. ORDINANCE NO. D-2534-20 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, ADDING CHAPTER 6, ARTICLE 4, SECTION 6-63, SUBSECTION (m) AND CHAPTER 6, ARTICLE 4, SECTION 6-73 TO THE CARMEL CITY CODE Synopsis: This ordinance prohibits loitering in public parking garages and parking lots and prohibits the riding of bicycles on certain City sidewalks. WHEREAS, pursuant to Indiana Code Sections 36-1-3-4 and 36-1-3-6, the City of Carmel, Indiana (“City”) is authorized and entitled to protect the public health, safety, and welfare, and to exercise its police powers, and WHEREAS, publicly owned parking garages and parking lots, and the public parking sections of privately-owned parking garages and parking lots, are made available for the sole purpose of providing the motoring public with convenient and accessible places to temporarily park their cars while working, shopping, dining, or enjoying the numerous amenities our City has to offer its residents and guests; and WHEREAS, the use of public parking garages and parking lots, and the public parking sections of privately-owned parking garages and parking lots, as places for persons to congregate and loiter is contrary to their intended purpose, and leads to breaches of the peace, litter, theft, vandalism, interference with the free passage of vehicles and pedestrians, and other risks to public health, safety, and welfare; and WHEREAS, the riding of bicycles on public sidewalks in areas that are also being used for outside restaurant dining pose risks to these bicyclists, as well as to the patrons and wait staff of these establishments, and WHEREAS, the Common Council has now determined that it is prudent and in the public interest to prohibit loitering in both public parking garages and parking lots, and the public parking sections of privately-owned parking garages and parking lots, as well as the riding of bicycles on certain City sidewalks. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, as follows: Section 1. The foregoing Recitals are incorporated herein by this reference. Ordinance D-2534-20; Page One of Four Pages DocuSign Envelope ID: ACBA55E2-3375-49F0-8B31-FC843103AD8F Sponsors: Finkam, Kimball, Campbell, Rider This ordinance was drafted by Douglas C. Haney, Carmel Corporation Counsel, on June 29, 2020 at 12:50 PM. Section 2. Subsection (m) should be and the same is hereby added to Chapter 6, Article 4, Section 6-63 of the Carmel City Code, and shall read as follows: “(m) No bicycle shall be ridden at any time on the public sidewalk abutting Main Street between 1st Avenue East and 4th Avenue West. Bicyclists who desire to travel on this segment of the sidewalk shall dismount and walk their bicycle thereon.” Section 3. Chapter 6, Article 4, Section 6-73 should be and the same is hereby added to the Carmel City Code and shall read as follows: “§ 6-73 Loitering in Public Parking Garages and Parking Lots Prohibited. (a) No person shall enter or remain within any parking garage or parking lot owned by, or located on land owned by, the City of Carmel, the Carmel Redevelopment Commission, or the Carmel Redevelopment Authority, and located within the City’s corporate boundaries, or within a public parking section of any privately-owned parking garage or parking lot located within the City’s corporate boundaries, except when actually and lawfully parking a motor vehicle therein, riding in a motor vehicle at the time that it is being lawfully parked therein, or when proceeding to or from a motor vehicle lawfully parked therein. (b) No person shall enter or remain within any parking garage or parking lot owned by, or located on land owned by, the City of Carmel, the Carmel Redevelopment Commission, or the Carmel Redevelopment Authority, and located within the City’s corporate boundaries, or within a public parking section of a privately-owned parking garage or parking lot located within the City’s corporate boundaries, except for the purpose of proceeding to or from a vehicle lawfully parked therein. (c) No person shall remain within, or in or upon any motor vehicle located within, any parking garage or parking lot, owned by, or located on land owned by, the City of Carmel, the Carmel Redevelopment Commission, or the Carmel Redevelopment Authority, and located within the City’s corporate boundaries, or within a public parking section of a privately-owned parking garage or parking lot located within the City’s corporate boundaries, except for a period of time, not to exceed fifteen (15) minutes, reasonably necessary to either park and exit a motor vehicle or to enter a motor vehicle and exit the parking garage or parking lot therein. (d) No person shall remain within any parking garage or parking lot owned by, or located on land owned by, the City of Carmel, the Carmel Redevelopment Commission, or the Carmel Redevelopment Authority, and located within the City’s corporate boundaries, or within a public parking section of a privately-owned parking garage or parking lot located within the City’s corporate boundaries, after being directed by a uniformed or otherwise properly identified police officer to leave the premises. Ordinance D-2534-20; Page Two of Four Pages DocuSign Envelope ID: ACBA55E2-3375-49F0-8B31-FC843103AD8F Sponsors: Finkam, Kimball, Campbell, Rider This ordinance was drafted by Douglas C. Haney, Carmel Corporation Counsel, on June 29, 2020 at 12:50 PM. (e) Any violation of this Section shall subject the violator to a fine of $50 for the first offense within any calendar year, and to a fine of $150 for each subsequent violation within the same calendar year.” Section 4. The Carmel Street Department is directed to promptly and prominently post the signage necessary to fulfill the mandates of this Ordinance in all applicable parking garages and parking lots. Section 5. All prior ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed, to the extent of such inconsistency only, as of the effective date of this Ordinance, 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 6. 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 7. This Ordinance shall be in full force and effect from and after the date of its passage , execution by the Mayor, and such publication as is required by law. 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 Ordinance D-2534-20; Page Three of Four Pages DocuSign Envelope ID: ACBA55E2-3375-49F0-8B31-FC843103AD8F 0July 6th Not Present 8 Sponsors: Finkam, Kimball, Campbell, Rider This ordinance was drafted by Douglas C. Haney, Carmel Corporation Counsel, on June 29, 2020 at 12:50 PM. ATTEST: __________________________________ Sue Wolfgang, Clerk Presented by me to the Mayor of the City of Carmel, Indiana this ____ 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-2534-20; Page Four of Four Pages DocuSign Envelope ID: ACBA55E2-3375-49F0-8B31-FC843103AD8F 8th 10:00July 8:00July A 7th P