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HomeMy WebLinkAboutD-2488-19_Vehicle Weight Restrictions; Amendment of Chapter 8 Article 6 Sections 8-56(d) and 8-58(a)(b) SPONSORS: Councilors Finkam and Worrell This Ordinance was prepared by Jon Oberlander, Carmel Assistant Corporation Counsel, on 9/22/20 at 12:03 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. H:\Council Meetings\9.21.20 CC Meeting\Ordinance D-2488-19 Final.docx ORDINANCE NO. D-2488-19 (AS AMENDED) AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, AMENDING CHAPTER 8, ARTICLE 6, SECTIONS 8-56(d) AND 8-58(a),(b). Synopsis: Ordinance adds vehicle weight restrictions to various City streets. WHEREAS, Indiana Code § 9-20-1-3(c) enables the City of Carmel (the “City”), by ordinance, to limit the operation of trucks or other commercial vehicles on designated roads; and WHEREAS, the City has previously regulated vehicle weight restrictions in City Code Chapter 8, Article 6, §§8-55 to 8-58; and WHEREAS, the Common Council of the City of Carmel, Indiana, now finds that it is in the interest of the public safety and welfare to further vehicle weight restrictions within the City. NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of Carmel, Indiana, as follows: Section 1. The foregoing Recitals are fully incorporated herein by this reference. Section 2. The following subsection of Carmel City Code Section 8-56(d) is hereby amended to read as follows: “(d) (1) Vehicles delivering or receiving goods, material, equipment or services at any location within the City, provided that the drivers have in their possession dated, valid written confirmation that they are then engaged in such pick-up or delivery of goods or provision of services. (2) Delivery vehicles shall, however, avoid driving upon a Residential Street or any of the streets listed in Section 8-58 if possible. If it is necessary travel upon a weight restricted street, then a delivery vehicle shall travel the shortest possible route from the point of entry and shall leave the same at the nearest available point of exit.” Ordinance D-2488-19 (Version A – Finance, Utilities and Rules Committee Meeting 8/10/2020, Version B) Page One of Three Pages DocuSign Envelope ID: 00A8582C-2437-4BCB-8A8D-1D5ED5AE7FBD SPONSORS: Councilors Finkam and Worrell This Ordinance was prepared by Jon Oberlander, Carmel Assistant Corporation Counsel, on 9/22/20 at 12:03 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. H:\Council Meetings\9.21.20 CC Meeting\Ordinance D-2488-19 Final.docx Section 3. The following subsections of Carmel City Code Section 8-58(a) are hereby amended and shall read as follows: “(11) East Smokey Row Road, from its intersection with, but not including, Keystone Parkway east to its terminus at Gray Road. (12) Main Street, from its intersection with, but not including, Keystone Parkway east to its terminus at River Road. (13) 126th Street, from its intersection with, but not including, Keystone Parkway east to its terminus at River Road. (14) Carmel Drive, from its intersection with, but not including, Keystone Parkway east to its terminus at 126th Street. (15) 116th Street, from its intersection with, but not including, Keystone Parkway east to the City’s corporate boundary. (16) 106th Street, from its intersection with, but not including, Keystone Parkway east to, but not including its intersection with Gray Road. (17) Cherry Creek Boulevard, from Hazel Dell Road to River Road.” Section 4. The following subsection of Carmel City Code Section 8-58(b) is hereby amended and shall read as follows: (1) Reserved. Section 4. The remaining provisions of Carmel City Code Sections 8-56 and 8-58 are not affected by this Ordinance and shall remain in full force and effect. 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 enforced under such repealed or amended ordinance 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. Ordinance D-2488-19 (Version A – Finance, Utilities and Rules Committee Meeting 8/10/2020, Version B) Page Two of Three Pages Section 7. This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor and such publication as required by law on January 1, 2020. DocuSign Envelope ID: 00A8582C-2437-4BCB-8A8D-1D5ED5AE7FBD SPONSORS: Councilors Finkam and Worrell This Ordinance was prepared by Jon Oberlander, Carmel Assistant Corporation Counsel, on 9/22/20 at 12:03 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. H:\Council Meetings\9.21.20 CC Meeting\Ordinance D-2488-19 Final.docx Section 8. The Carmel Street Department is directed to promptly add the appropriate signage to fulfill the mandates contained in this Ordinance upon its passage add the appropriate signage to fulfill the mandates contained in this Ordinance no later than January 1, 2020. 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 Sue Finkam, Vice-President ___________________________________ ____________________________________ H. Bruce Kimball Kevin D. Rider ___________________________________ ____________________________________ Anthony Green Jeff Worrell ___________________________________ ___________________________________ Tim Hannon Miles Nelson ___________________________________ Adam Aasen 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. ____________________________________ ATTEST: James Brainard, Mayor ___________________________________ Sue Wolfgang, Clerk Ordinance D-2488-19 (Version A – Finance, Utilities and Rules Committee Meeting 8/10/2020, Version B) Page Three of Three Pages DocuSign Envelope ID: 00A8582C-2437-4BCB-8A8D-1D5ED5AE7FBD A 23rd September 0 11:30 21st 2:45 P September 22nd 9 September