Loading...
HomeMy WebLinkAboutD-1329-97 DEFEATED Ordinance No. 1329-97 ~ AN ORDINANCE TO RESTRICT THE USE O TOBACCO A ALC OLIC OF MIN WHEREAS, the Common Council o~'fl~ of Ca 1 ("City") finds that, in within behavior by minors and other WHEREAS, the Carmel adopted policies intended to ~ of the Corporation" as ent the u,, and ; desires to rt .'or involve City in liems WHEREAS, the C the School Corporation' s affecting the young NOW, Carmel, 1-3) and the Ch the Carmel follows: by the Common C, of Cit~2SXX,' at, the Indiana Home Law Indoor Law (IC ), it adopts this C Code as 1. Section 6r66 is dded to the Carme ty Code as a new ection read as t) EF ITIONS. ~ w! " i hall 'th leg son to ~o (5) "Unlawful Act" shall mean an act that violates this Code, but excluding any traffic violation. Minors.dc~8/97 (b) PROHIBITIONS. It is a violation of this Code for the Parent of any Minor to fail to exercise parental control, which failure results in an Unlawful Act by such Minor. Failure to exercise parental control includes, but is not limited to, the following: ( 1 ) Knowingly permitting the Minor to violate the City' s curfew law (Section 6-45 of this Code). (2) Knowingly permitting the Minor to violate the City' s anti-smoking law (Section 6-157 of this Code). (3) Knowingly permitting the Minor to violate the City's anti-drinking law (Section 6-160 of this Code). (4) Knowingly permitting the Minor to violate the City's anti-graffiti law (Section 6-82 of this Code). (c) NOTIFICATION. When a Minor is arrested or detained for the alleged commission of an Unlawful Act within the City, the Parent of the Minor shall be notified by CPD as soon as possible, in accordance with CPD policies and procedures and existing law. During such notification, the Parent shall be advised of such Parent' s responsibility under this Section. (d) FINE. Any person who violates the provisions of this Section shall be guilty of a violation of this Code, punishable by a fine of not more than One Hundred Dollars ($100.00) for the first violation, and not more than Two Thousand Five Hundred Dollars ($2,500.00) for any subsequent violation. (e) The Carmel City Court shall be the court of proper venue and jurisdiction for the enforcement of this Section. (f) Citations for violation of this Section may be issued by any CPD officer. (g) All fines collected pursuant to this Section, except fines collected on account of a Parent of a Minor knowingly permitting the Minor to violate the City' s anti-graffiti law (Section 6-82 of this Code), shall be deposited in the Alcohol and Other Drug Education Fund. Those fines collected pursuant to this Section on account of a Parent of a Minor knowingly permitting the Minor to violate the City's anti-graffiti law shall be deposited in the special fund created by that law (Section 6-82 of this Code). (h) The provisions of this Section supplement any laws of the United States, the State of Indiana and/or the County of Hamilton, Indiana covering the same subject matter. Minors.doeS/8/97 2 SECTION 2. Section 6-157 of the Carmel City Code is amended to read as follows: (a) DEFINITIONS. (1) CARMEL CITY HALL. That structure at One Civic Square, Carmel, Indiana, including, but not limited to, all areas within said building or any additions thereto. (2) PERSON. Any man, woman or child, regardless of age. (3) SMOKE OR SMOKING. To ignite or cause to be ignited tobacco or a tobacco product or derivative thereof and/or marijuana or a derivative thereof, such that the product or derivative emits a gas or cloud which is commonly understood to be smoke, which may be or is intended to be inhaled by any person. (4) PUBLIC BUILDING. An enclosed structure or the part of an enclosed structure that: (i) is owned or leased by an agency of local government; (ii) is owned or leased by a state educational institution (as defined in IC 20-12-0.5-1); (iii) is owned or leased by the School Corporation; or (iv) is licensed as a health facility under IC 16-21 or IC 16-28. (b) PROHIBITIONS. ( 1 ) No person shall have in his or her possession any lighted tobacco product, marijuana and/or any derivatives thereof while within the Carmel City Hall. (2) No person under eighteen (18) years of age shall have in his or her possession any lighted tobacco product, tobacco derivative, including, but not limited to, pipes, cigars, cigarettes, or other devices used for smoking, nor shall any person under eighteen (18) years of age possess any tobacco or tobacco-like products, which includes but is not limited to tobacco, marijuana, or a derivative thereof, while within any public building in the City of Carmel, or while on land or in a vehicle owned or leased by the School Corporation or any agency of local government. (c) FINE. Any person who violates the provisions of this Section shall be guilty of violation of this Code, punishable by a fine of not more than One Hundred Minors.doc8/11/97 3 Dollars ($100.00) for the first violation, and not more than Two Thousand Five Hundred Dollars ($2,500.00) for any subsequent violation. (d) The Cannel City Court shall be the court of proper venue and jurisdiction for the enforcement of this Section. (e) Citations for violation of this Section may be issued by any CPD officer. (f) This Section is adopted pursuant to the authority granted to the City by IC 16- 41-37-9. (g) All fines collected pursuant to this Section shall be deposited in the Alcohol and Other Drug Education Fund. (h) The provisions of this Section supplement any laws of the United States, the State of Indiana and/or the County of Hamilton, Indiana covering the same subject matter. SECTION 3. Section 6-160 is added to the Carmel City Code as a new Section to read as follows: (a) DEFINITIONS. ( 1 ) PUBLIC BUILDING. An enclosed structure or the part of an enclosed structure that: (i) is owned or leased by an agency of local government; (ii) is owned or leased by a state educational institution (as defined in IC 20-12-0.5-1); (iii) is owned or leased by the School Corporation; or (iv) is licensed as a health facility under IC 16-21 or IC 16-28. (2) PERSON. Any man, woman or child, regardless of age. (b) PROHIBITIONS. No Person shall have in his or her possession any alcoholic beverage or use alcoholic beverages while within any Public Building in the City of Carmel, or while on land or in a vehicle owned or leased by the School Corporation. (c) FINE. Any Person who violates the provisions of this Section shall be guilty of a violation of this Code, punishable by a fine of not more than One Hundred Dollars ($100.00) for the first violation, and not more than Two Thousand Five Hundred Dollars ($2,500.00) for any subsequent yiolation. Minors.doe8/8/97 4 (d) The Carreel City Court shall be the court of proper venue and jurisdiction for the enforcement of this Section. (e) Citations for violation of this Section may be issued by any CPD or other authorized law enforcement officer. (f) All fines collected pursuant to this Section shall be deposited in the Alcohol and Other Drug Education Fund. (g) The provisions of this Section supplement any laws of the United States, the State of Indiana and/or the County of Hamilton, Indiana covering the same subject matter. SECTION 4. Section 6-67 is added to the Carmel City Code as a new Section to read as follows: (a) A separate fund entitled "Alcohol and Other Drug Education Fund" is hereby established. (b) All monies collected pursuant to Sections 6-66, 6-157 and/or 6-160, except fines collected on account of the Parent of a Minor knowingly permitting the Minor to violate the City' s anti-graffiti law (Section 6-82 of this Code), shall be itemized and deposited with the Clerk-Treasurer and the Clerk-Treasurer shall deposit said monies into the Alcohol and Other Drug Education Fund. The Clerk-Treasurer shall prepare an annual report to the Mayor, Common Council and State Board of Accounts regarding deposits and expenditures to and from the Alcohol and Other Drug Education Fund. (c) All monies collected pursuant to Section 6-66 that constitute fines collected on account of a Parent of a Minor knowingly permitting the Minor to violate the City's anti-graffiti law shall be itemized and deposited with the Clerk- Treasurer and the Clerk-Treasurer shall deposit said monies into the special fund created by that law (Section 6-82 of this Code). SECTION 5. If any Section, subsection, paragraph, sentence, clause or phrase of this Ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this Ordinance or any Section, subsection, paragraph, sentence, clause or phrase thereof, so long as enforcement of same can be given the same effect. SECTION 6. The provisions of this Ordinance supplement any laws of the United States, the State of Indiana and/or the County of Hamilton, Indiana covering the same subject matter. Minors.doeS/8/97 SECTION 7. All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed. SECTION 8. This Ordinance shall be in full force and effect from and after the date of its passage, signing by the Mayor and publication in accordance with the laws of the State of Indiana. t-~IcIcI~~etfhe Common Council of the City of Carmel, Indiana this ,1997, by a vote of ~7-,ayes and ~__ nays. t/o'/'J'day of Presiding Officer Kevin Kirby, President James Guy Miller Robert Battreall N.L. Rundle Luci Snyder Ronald E. Carter Billy L. Walker ATTEST: Diana L. Cordray, Clerk-Treasurer Presented by me to the Mayor of the City of Carmel, Indiana this ,1996 at o' clock. day of Diana L. Cordray, Clerk-Treasurer Approved by me, Mayor of the City of Carmel, Indiana, this ,1997. day of James Brainard, Mayor ATTEST: Diana L. Cordray, Clerk-Treasurer Minors.doc8/8/97 6