HomeMy WebLinkAboutLetter #02 Michael Rabinowitch
November 4, 2020
Via Email
Angie Johnson
Building and Code Services
City of Carmel
One Civic Square
Carmel, IN 46032
Re: Formal Complaint of Zoning and (Multiple) City Code Violations
211 1st Street SW (the “Property”)
The GOAT Tavern (the “GOAT”)
Dear Ms. Johnson:
This Formal Complaint of Zoning and (Multiple) City Code Violations to the City of
Carmel Building and Code Services Department is presented on behalf of Barrett & Stokely,
Inc., owner of The Railyard at Midtown apartments directly south of the Property (the
“Railyard”) and Old Town on The Monon north and east of the Property (“Old Town”), and
Alan Cohen, owner of the home located at 248 2nd St. SW, which is directly west of the Property.
The GOAT, a tavern use, is not permitted in the R-2 zoning classification. A 2007
variance of use granted to the previous owner of the Property only permits a breakfast café,
which ceased to operate in 2019. A copy of the relevant Staff Report confirming the condition is
attached hereto as Exhibit A. Also, the GOAT consistently and blatantly violates the Carmel
City Code provisions prohibiting nuisance activities. A copy of the relevant provisions from the
City Code is attached hereto as Exhibit B.
The Subject Property is zoned R-2 for residential use. On March 26, 2007, the Board of
Zoning Appeals granted a variance of use to Bub’s Café to permit a café serving “breakfast and a
light lunch from 7 a.m. to 2 p.m.” seating “approximately 40 people.” A condition of the use
variance was “a time limit to last only as long as the proposed breakfast café use exists.” See
Exhibit A. Bub’s breakfast café went out of business in October of 2019.
Soon thereafter, although the City Council approved a three-way liquor license for what
was apparently believed to be a “Smoke’n Barrel” restaurant concept, in August of 2020, The
GOAT opened for business. The GOAT (an abbreviation for “Greatest Of All Taverns”) is not a
breakfast café. Simply put, it is a Tavern, as that term is defined in the Unified Development
Ordinance, which is a use that is not permitted in the R-2 zoning district. This is a clear and
indefensible violation of the UDO and should be stopped immediately.
Angie Johnson
November 4, 2020
Page 2
To make matters worse, the GOAT also operates consistently Thursday through Saturday
as a public nuisance in violation of City Code §6-75 – §6-78. The GOAT is open Thursday
through Sunday until 3 a.m., which is much later than any other restaurant or bar in Midtown.
Loud music is played, and can be heard, well beyond the property line until, and sometimes after,
the 3:00 a.m. closing.
GOAT patrons regularly spill out and trespass onto Mr. Cohen’s property next door.
They regularly leave cigarette butts, beer bottles and cans, and other trash on his property. On
one recent weekend, security cameras captured 60 separate instances of trespass on Mr. Cohen’s
property, including a number of GOAT patrons urinating, throwing up, and removing their
clothes.
Just this past weekend the GOAT placed three port-o-potties nearly on Mr. Cohen’s
property line with entrance doors facing his property. See photo attached hereto as Exhibit C.
As an aside, this is precisely why a Tavern use is inappropriate in a residential district or even a
commercial district that directly abuts a residential district. These uses are not compatible.
These code violations are having a severe negative impact on the neighboring properties.
Several Railyard tenants occupying units on the northside of the building have terminated their
leases due to the raucous activity at the GOAT. Several others have indicated they plan to
terminate their leases due to the raucous activity occurring next door. Remarkably, even a tenant
at Old Town, Barrett & Stokely’s other Midtown property, has indicated he intends to terminate
his lease because recently an intoxicated GOAT patron banged on his door at 4:00 a.m. in search
of his girlfriend.
Given the GOAT’s clear and continuing violations of the applicable R-2 zoning and
blatant disregard for, and violations of, the Carmel City Code provisions prohibiting property
owners from operating as a public nuisance, it is imperative that the City promptly investigate
this Complaint, file a written report with the Mayor as required, and take immediate action to
enforce its zoning ordinance and City Code. Simply put, the GOAT should be shut down
immediately. If there is further information that we can provide, please let me know.
Sincerely,
Michael Rabinowitch
MR/tlh
cc: Mike P. Hollibaugh (Via Email)
Thomas E. Mariani (Via Email)
Alan Cohen (Via Email)
211 North Pennsylvania Street, One Indiana Square, Suite 1800, Indianapolis, IN 46204
D 317.860.5372 P 317.639.6151 Michael.Rabinowitch@WoodenLawyers.com 3060666-1 (540-0094)
EXHIBIT A
Carmel Board of Zoning Appeals
March 26,2007
Mr. Dierckman asked if the Auto Credit Builders and Cummins/CAT signs would be visible from US
42l,with Pearson Ford on the other side. He had concerns about the Cummins/CAT sign being a block
and the size and color.
Mr. Coots confirmed the location of the signs.
Mr. Hawkins stated the information stated the Auto Credit Builders was two feet by twenty-one.
Mr. Coots stated it is 20 inches, not 2.0 feet.
Mr, Dierckman moved to approve Docket Nos. 07020001 V, 07020002 V, 07020004 V and
07020008 V, Pearson Ford signage. The motion was seconded by Mr. Hawkins. Docket No.
07020001 V was APPROVED 4-0. Docket Nos. 07020002 V and 07020004 V were DENIED with
lvlr. Broach, Mr. Dierckman and Mrs. Torres casting the negative votes. Docket No. 07020008 V was
APPROVED 3-l with Mr. Hawkins casting the negative vote.
l7-19h. Frank E Hawkins Addltion, Lot I - Bubrs Caf6
The applicant seeks the following use variance & development standards variance approvals for a
cafd in a residential disfrict:
Docket No. 070200f 7 W Section 8.01.01 permitted uses
Docket No.07020018 V Section 27.08 reduced # parking spaces
Docket No.07020019 V Section 27,03.02 uncurbed parking area
The site is located at220 2nd Street SW and is zoned R-2lResidence in the Old Town Overlay -
Character Subarea. Filed by Matt & Rachel Frey.
Present for the Petitioner: Matt Frey, 13491Kingsbury Drive, Carmel. The property is zoned
residential and they need a Use Variance for a restaurant/caf6. They will serve breakfast and a light
lunch from approximately 7:00 am to 2:00 pm. The hours may fluctuate based on clientele. They may
need to open earlier and stay open later. There .ue no breakfast places in the Old Town area. It will seat
approximately 40 people. Based on the Old Town Overlay, they need one parking spot for two and a
half seats. That would be 16 spots which would be cut in half with the Old Town Overlay. Because of
the spacing and to maintain some ascetics and greenspace, they were looking to utilize a couple of the
parking spaces across the Monon Trail which is public parking. It is zoned residential and they do not
want to curb the parking. They would like to maintain some of the run-off to maintain the ascetics and
landscaping.
Members of the public were invited to speak in favor or opposition to the petition; no one appeared.
The Public Hearing was closed.
Mrs. Conn gave the Department Report. She read a letter from a citizen who is in favor of the caf6.
They hope the caf6 would be approved. They were concemed about the large tree on the property
which should come down because it appeared to be rotten. The Department recommended positive
recommendation of the three variance requests with the condition the Use Variance be approved with a
time limit to last only as long as the purposed breakfast/caf6 use exists and also with the condition that
the Petitioner record commitments to dedicate road right-of-way to the City, if and when the City
requires it. The Petitioner should work with the City Forester for an approved landscape plan.
Page4ofll
Carmel Board of Zoning Appeals
March 26,2007
Mr. Dierckman asked if the Petitioner agreed to all the commitments.
Mr. Frey a$eed to the commitrnents.
Mr, Hawkins asked Mr. Molitor to write the commiti'rnents.
Mr. Dierckman moved to approve Docket Nos. 07020017 UV, 07020018 Vr07020019 V, Bub's Caf6,
with Commitments. The motion was seconded by Mr. Broach and APPROVED 4-0.
20h.Laura Vista - Signage
The applicant seeks the following development standards varianoe approval:
Docket No. 07020023 V Section 25.07.03-0f .e location of temporary subdivision sign
The site is located west of the 14200 block of Laura Vista Dr. is zoned R-llResidence within the
US 431 Overlay. Filed by Jim White on behalf of Laura Vista, LLC.
Present for the Petitioner: Jim White, General Manager, Primrose Development, the developer of
Laura Vista with offices located at 1016 3'o Avenue SW, Suite 100, Carmel and Will Wright,
managing general partner for Laura Vista LLC, with offices located at 474 Gradle Drive, Carmel.
A large aerial view of the area was shown. The variance deals with the location of a permitted sign. In
order to get to Laura Vista, a client must enter from Jason Sheet off 146th Street to the subdivision. The
sign would be a 4 by 8 horizontal non-illuminated 18 month temporary ground sign. The Board
recently approved a similar sign for Beazer's Yorktown Woods which is south of the Laura Vista
development. Yorktown Woods gains access via Laura Vista Dive. The Laura Vista sign would be on
the 146'n Street off ramp, not along Keystone Avenue. The residents he has spoken to are in favor of
the sign for their development. The sign is very much needed to promote the sales of these $500,000+
homes and accelerate the development of this community. This property was plarured in June 2002,
They were concerned about the construction traffic, noise, and nuisance to the residents in the Foster
Estates subdivision. Therefore, they committed to one builder and one phase. According to the
Ordinance, they are permitted a sign at each entry. Their entry is off Laura Drive which has a
monument sign. The other permitted entry sign would be at their cornmon border with Yorktown
Woods. A sign at that location would not serve a purpose because there is no one driving by. They
have sold ten properties out of 54 lots. It has been slower than they expected. They have tried many
ways to promote the area. This 146th Street exit ramp is really theii oniy frontage.
Members of the public were invited to speak in favor or opposition to the petition; no one appeared.
The Public Hearing was closed.
Mrs. Conn gave the Department Report. The Department recommended positive consideration of the
docket. The variance is for the location of the sign. The temporary subdivision sign type is permitted.
Mr. Dierckman asked them to commit to 18 months.
Mr. White confirmed the 18-month time limit.
Mr. Hawkins asked about the size and material.
Page5ofll
EXHIBIT B
Division I. Public Nuisances.
§ 6-75 Public Nuisances Prohibited.
(a) No person shall erect, contrive, cause, continue, maintain or permit to exist any public nuisance within the City.
(`91 Code, § 6-75)
(b) An agricultural operation or any of its appurtenances is not and does not become a nuisance, private or public, by any
changed conditions in the vicinity of the locality after the agricultural operation has been in operation continuously for more
than one (1) year if there is no significant change in the hours of operation, there is no significant change in the types of
operation, and the operation would not have been a nuisance at the time the agricultural operation began on that locality.
(Ord. D-1645-03, § III, 10-20-03)
§ 6-76 Public Nuisances Defined.
A public nuisance is a thing, act, occupation, condition or use of property which shall continue for such length of time as to:
(a) Substantially annoy, injure or endanger the comfort, health, repose or safety of the public; or
(b) In any way render the public insecure in life or in the use of property; or
(c) Greatly offend the public morals or decency; or
(d) Unlawfully and substantially interfere with, obstruct or tend to obstruct or render dangerous for passage any street,
alley, highway, navigable body of water or other public way; or
(e) Is injurious to health, or indecent, or offensive to the senses, or an obstruction to the full use of property, so as
essentially to interfere with the comfortable enjoyment of life or property.
(`91 Code, § 6-76)
Statutory reference:
Nuisance defined, see I.C., 34-1-52-1
§ 6-77 Public Health Nuisances.
The following acts, omissions, places, conditions and things are specifically declared to be public health nuisances, but
shall not be construed to exclude other health nuisances coming within the definition of § 6-76:
(a) All decayed, harmfully adulterated or unwholesome food or drink sold or offered for sale to the public;
(b) Carcasses of animals, birds or fowl not buried or otherwise disposed of in a sanitary manner within 24 hours after
death;
(c) Accumulations of decayed animal or vegetable matter, trash, rubbish, rotting lumber, bedding, packing material, junk
vehicles, scrap metal or any material in which flies, mosquitoes, disease-carrying insects, rats or other vermin may breed, or
may be a fire hazard;
(d) All stagnant water in which mosquitoes, flies or other insects can multiply;
(e) Garbage cans which are not fly-tight, or not kept clean;
(f) The escape of smoke, soot, cinders, noxious acids, fumes, gases, fly ash or industrial dust within the City limits in such
quantities as to endanger the health of persons of ordinary sensibilities or to threaten or cause substantial injury to property;
(g) The pollution of any public well or cistern, stream, river, lake, canal or body of water by sewage, creamery or
industrial wastes or other substances;
(h) Any use of property, substances or things within the City emitting or causing foul, offensive, noisome, nauseous,
noxious, or disagreeable odors, effluvia or stenches extremely repulsive to the physical senses of ordinary persons which
annoy, discomfort, injure or inconvenience the health or any appreciable number of persons within the City; or any slaughter
house;
(i) All abandoned wells not securely covered or secured from public use;
(j) All noxious weeds;
(k) Any accumulation of junk, rubbish, scrap metal, automotive parts, building materials, machinery, dead trees, or parts
thereof, upon any premises in a residential area.
(l) Any structure used for the collection or deposit of trash or garbage that has an open door allowing access into said
structure, except when the door is open to allow the structure to be used for the deposit or removal of trash or garbage, or
to allow the structure to be cleaned or repaired.
(m) Crop residue, including, but not limited to, corn cobs, bean stalks and corn stalks that exits the property upon which it
was harvested and accumulates on neighboring property.
(`91 Code, § 6-77) (Ord. D-1692- 04, 3-15-04; Ord. D-2329-16, 10- 17-16)
§ 6-78 Public Nuisances Offending Morals and Decency.
(a) The following acts, omissions, places, conditions and things are specifically declared to be public nuisances offending
public morals and decency, but such enumeration shall not be construed to exclude other nuisances offending public morals
and decency coming within the definition of § 6-76:
(1) All disorderly houses, bawdy houses, houses of ill fame, gambling houses and buildings or structures kept or
resorted to for the purpose of prostitution, promiscuous sexual intercourse or gambling;
(2) All gambling devices and slot machines;
(3) All places where intoxicating liquor or fermented malt beverages are sold, possessed, stored, brewed, bottled,
manufactured or rectified without a permit or license as provided for by this Code or State law;
(4) Any place or premises within the City where City ordinances or state laws relating to public health, safety, peace,
morals or welfare are openly, continuously, repeatedly and intentionally violated;
(5) Any place or premises resorted to for the purpose of drinking intoxicating liquor or fermented malt beverages in
violation of the laws of the State of Indiana or the ordinances of the City.
(b) Public nuisances offending morals and decency shall also mean:
(1) Any place in or upon which prostitution (as described in I.C., 35-45-4);
(2) Any public place in or upon which deviate sexual conduct (as defined in I.C., 35-41-1) or sexual intercourse (as
defined in I.C., 35-41-1); or
(3) Any public place in or upon which the fondling of the genitals of a person;
is conducted, permitted, continued, or exists, and the personal property and contents used in conducting and maintaining
the place for such a purpose.
(`91 Code, § 6-78)
Statutory reference:
Actions for indecent nuisances, see I.C.,34-19-2
§ 6-79 Public Nuisances Affecting Peace and Safety.
The following acts, omissions, places, conditions and things are declared to be public nuisances affecting peace and
safety, but such enumeration shall not be construed to exclude other nuisances affecting public peace or safety coming
within the provisions of § 6-76:
(a) All buildings erected, repaired or altered within the City in violation of the provisions of the ordinances of the City
relating to materials and manner of construction of buildings and structures.
(b) All unauthorized signs, signals, markings or devices which purport to be or may be mistaken as official traffic control
devices placed or maintained upon or in view of any public highway or railway crossing.
(c) All trees, hedges, billboards or other obstructions which prevent persons driving vehicles on public streets, alleys or
highways from obtaining a clear view of traffic when approaching an intersection or pedestrian crosswalk.
(d) All limbs of trees which project over a public sidewalk less than eight feet above the surface thereof or less than ten
feet above the surface of a public street.
(e) All use of display of fireworks except as provided by the laws of the State of Indiana and ordinances of the City.
(f) All buildings or structures so old, dilapidated or out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit
for human use; or shall be an invitation to children and endanger the lives of such children, or which, because of its condition
has become a fire hazard.
(g) All wires over streets, alleys or public grounds which are strung less than 15 feet above the surface of the street or
ground.
(h) All loud and discordant noises or vibrations of any kind, except as may be permitted under a zoning ordinance.
(i) All obstructions of streets, alleys, sidewalks or crosswalks and all excavations in or under the same, except as
permitted by the ordinances of the City of which, although made in accordance with such ordinances, are kept or maintained
for an unreasonable length of time after the purpose thereof has been accomplished.
(j) All open and unguarded pits, wells, excavations or unused basements freely accessible from any public street, alley or
sidewalks.
(k) All abandoned refrigerators, iceboxes or similar containers from which the doors and other covers have not been
removed or which are not equipped with a device for opening from the inside by pushing only with the strength of a small
child.
(l) Any unauthorized or unlawful use of property abutting on a public street, alley or sidewalk or of a public street, alley or
sidewalk which causes large crowds of people to gather, obstructing traffic and free use of the streets or sidewalks.
(m) Any sign, marquee, or awning which is in an unsafe condition, or which overhangs any roadway, or which overhangs
any sidewalks less than eight feet above the sidewalk surface.
(n) Any nuisance so defined by the Indiana Code.
(`91 Code, § 6-80)
§ 6-80 Abatement of Public Nuisances.
(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 findings 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 City Clerk-Treasurer.
(b) Summary abatement.
(1) Notice to owner. If the inspection officer shall determine that a public nuisance exists on private property and that
there is a great and immediate danger to the public health, safety, peace, morals or decency, the Mayor may direct the Chief
of Police, or a deputy sheriff, to serve a notice on the owner, or, if the owner cannot be found, on the occupant or person
causing, permitting or maintaining such nuisance and to post a copy of the notice on the premises. Such notice shall direct
the owner, occupant or person causing, permitting or maintaining such nuisance to abate or remove such nuisance within 24
hours and shall state that unless such nuisance is so abated, the City will cause the same to be abated and will charge the
cost thereof to the owner, occupant or person causing, permitting or maintaining the same, as the case may be.
(2) Abatement by City. If the nuisance is not abated within the time provided or if the owner, occupant or person
causing the nuisance cannot be found, the Building Commissioner, or some other City official whom the Mayor shall
designate, shall cause the abatement or removal of such public nuisance.
(c) Abatement by court action. If the inspecting officer shall determine that a public nuisance exists on private premises
but that the nature of such nuisance is not such as to threaten great and immediate danger to the public health, safety,
peace, morals or decency, he shall file a written report of his findings with the Mayor, who shall cause an action to abate
such nuisance to be commenced in the name of the City.
(`91 Code, § 6-80)
Statutory reference:
City Attorney authorized to bring action to abate or enjoin nuisance, see I.C., 34-19-2-2
§ 6-81 Cost of Abatement.
In addition to any other penalty imposed by this Chapter for the erection, contrivance, creation, continuance or
maintenance of a public nuisance, the cost of abating a public nuisance by the City shall be collected as a debt from the
owner, occupant or person causing, permitting or maintaining the nuisance, and if notice to abate the nuisance has been
given to the owner, such cost shall be assessed against the real estate as other special taxes.
(`91 Code, § 6-81)
§ 6-82 Graffiti.
(a) Definitions.
Graffiti shall include markings which deface, deform, mar or which cause the defacing, deforming, or marring of any
public or private property including by way of illustration and not limitation, buildings, trees, lampposts, poles, hydrants,
bridges, piers, sidewalks, streets, and alleyways, or the surface of any public or private property located upon any public
thoroughfare or right-of-way, or upon any public place within the City. However, this section shall not prohibit the posting of
notices required by law to be posted.
Owner shall mean all public and private property owners in the City.
(b) Violations, penalties.
(1) It shall be unlawful for any person to cause the appearance of graffiti on public or private property within the Carmel
corporate city limits.
(2) Any person who violates this section shall, upon conviction, be fined in an amount not to exceed $2,500.
(3) All fines collected pursuant to the immediately preceding subsections (a) and (b) herein shall be deposited in a
special fund (the “Fund”) for reimbursement to qualified owners of expenses incurred pursuant to this section.
(c) Owners.
(1) Any owner or tenant shall notify the Carmel Police Department (the “Department”) within 48 hours of the
appearance of graffiti on their property.
(2) Upon notification, the Department shall cause an inspection of the graffiti to be made, a police report to be filed, and
shall begin an investigation as the Department deems necessary and prudent. A copy of the police report shall be forwarded
to the Director of the Department of Community Services (the “Director”) for purposes of commencement of deadlines and
notification requirement contained herein.
(3) Once an inspection has been made, the owner shall have ten business days in which to remove or cover the graffiti.
(4) Noncompliance with the removal provision of this section shall occur at the expiration of the ten business-day
period if the graffiti has not been either removed or covered.
(5) In the event of such noncompliance, the Director and/or his designee or the City Engineer shall issue a written
notice to the violating owner. Said notice shall order the owner to correct the noncompliance by removal and/or covering of
the graffiti within five days of receipt of notice. Such notice may be served either personally on the owner or sent by certified
mail with a return receipt requested. If the owner is a nonresident of the City, notice shall be sent to owner's last known
address.
(6) Expenses incurred by the owner in abating the violation may be reimbursed from the Fund upon compliance with
reporting procedures and removal time frames. No reimbursement will be made if the owner does not comply with the
requirements set forth herein.
(7) If the owner fails to abate the violation within the time prescribed by the notice, the owner shall be deemed to have
granted permission to the respective city official to cause a designee of the City to enter the property for the limited purpose
of covering and/or removing such graffiti.
(8) The Clerk-Treasurer 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 Clerk-Treasurer'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 Clerk-Treasurer 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 Clerk-Treasurer 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.
(Ord. D-1251, § I, 12-16-96; Ord. D-1294-97, § 1, 5-19-97)
(d) Nothing contained herein shall be construed to preclude any criminal investigation by the Department or any other law
enforcement agency.
(Ord. D-1251, § II, 12-16-96)
(`91 Code, § 6-82)
§ 6-83 Restrictions on Camping in a Vehicle on Public Property.
(a) Definitions.
1. Vehicle shall mean a device in, upon, or by which a person or property is, or may be, transported or drawn upon a
highway or street.
2. Public Property shall not include Central Park, Founders Park, Hazel Landing Park, Lawrence W. Inlow Park,
Meadowlark Park, River Heritage Park, Vera J. Hinshaw Nature Preserve and Park, and West Park, as long as these parks
are under the permitting control of Carmel Clay Parks and Recreation.
3. Vehicular Camping shall mean the use of a vehicle as a residence or dwelling for the purpose of living therein, as
evidenced by, but not limited to: sleeping, eating food, storing personal belongings and/or changing clothes in the vehicle
and/or by the length of time an individual occupies the vehicle when it is stationary, excluding time spent in a vehicle as a
condition of an individual’s employment or in order to perform repairs or maintenance tasks on the vehicle. Any
determination of vehicular camping must be made by assessing the totality of the circumstances.
(b) Prohibition.
1. Vehicular camping, as defined in subsection (a), at the Center for the Performing Arts without a valid permit issued
by the Center for the Performing Arts Board of Directors (“Arts Board”) is prohibited.
2. Vehicular camping, as defined in subsection (a), in the public right-of-way that borders a residential property without
a valid permit issued by the Department of Engineering (“Department”) is prohibited.
3. Vehicular camping, as defined in subsection (a), on any other public property located within the City's corporate limits
without a valid permit issued by the Carmel Board of Public Works (“BPW”) is prohibited.
4. If a valid permit is obtained, vehicular camping shall not be conducted within the City's corporate limits in a location
or manner that interferes with or impedes the regular flow of vehicular or pedestrian traffic.
(c) Permits.
1. Any person may petition the Arts Board for a permit to conduct vehicular camping at the Center for the Performing
Arts.
i. The Arts Board may issue a permit only when the permit furthers the mission of the Center for the Performing Arts.
ii. Any permit issued by the Arts Board under this Section shall expire after a specific period of time, not to exceed ten
(10) calendar days. The Arts Board may grant one (1) permit extension, not to exceed ten (10) calendar days in length.
iii. The Arts Board may, in its sole discretion, place such lawful terms and conditions upon the use of any permit
issued by the Arts Board under this Section as it deems appropriate.
iv. The Arts Board may revoke any permit issued by the Arts Board under this Section at any time if it determines, in
its sole discretion, that the need for the permit has ended or the permit holder fails to comply with any of the terms or
conditions of the permit.
2. A resident of the City may petition the Department for a permit to allow vehicular camping in the public right-of-way
that borders the property where the resident lawfully resides.
i. The permit may not be obtained for the purpose of monetary gain.
ii. Any permit issued by the Department under this Section does not supersede any limitations or restrictions as
prescribed by a Homeowners Association's restrictions and covenants and shall expire after a specific period of time, not to
exceed seven (7) calendar days. The Department may grant one (1) permit extension, not to exceed seven (7) calendar
days in length.
iii. The Department may, in its sole discretion, place such lawful terms and conditions upon the use of any permit
issued by the Department under this Section as it deems appropriate.
iv. The Department may revoke any permit issued by the Department under this Section at any time if it determines,
in its sole discretion, that the need for the permit has ended or the permit holder fails to comply with any of the terms or
conditions of the permit.
3. A resident of the City may petition the BPW and the BPW may issue a permit allowing vehicular camping on public
property when a specified emergency creates the need for such an accommodation.
i. A permit may be issued by the BPW when the emergency creating the need results from an act of nature, a
technological failure or malfunction, a terrorist incident, a public health emergency, an industrial accident, a hazardous
material accident, or destruction caused by a civil disturbance.
ii. Any permit issued by the BPW under this Section shall expire after a specific period of time, not to exceed thirty
(30) calendar days. The BPW may grant one (1) permit extension, not to exceed thirty (30) calendar days in length.
iii. The BPW may, in its sole discretion, place such lawful terms and conditions upon the use of any permit issued by
the BPW under this Section as it deems appropriate.
iv. The BPW may revoke any permit issued by the BPW under this Section at any time if it determines, in its sole
discretion, that the need for the permit has ended or the permit holder fails to comply with any of the terms or conditions of
the permit.
(d) Fine. Any person who violates provision (b) of this Section shall be guilty of an ordinance violation punishable by a
fine of Fifty Dollars ($50.00) for each violation, each day constituting a new offense.
(Ord. D-2430-18, Version B, § 2, 9-17-18)
§ 6-84 through 6-87 Reserved for Future Use.
EXHIBIT C