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HomeMy WebLinkAboutD-700 Codification Format/3-700 AN ORDINANCE ADOPTING AND ENACTING A CODE OF ORDINANCES FORTHE CITY OF CARMEL, INDIANA; ESTABLISHING THE SAME; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN, EXCEPT AS HEREIN PROVIDED; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE OF ORDINANCES; PROVIDING A PENALTYFOR VIOLATIONS THEREOF;ANDPROVIDING WHEN THIS ORDINANCE SHATJ. BECOME EFFECTIVE. WHEREAS, Indiana Code Section 36-1-5-3 mandates that the legislative body of every City, Town, and County codify all of their Ordinances, which are of a general and permanent nature, into a complete and simplified code; and WHEREAS, the Common Council of the City of Carmel, Indiana, has reviewed their laws and have identified those ordinances which should become part of the City Code; and WHEREAS, The Common Council of City of Carmel, Indiana, believes that this codification and adoption of the Carmel City Code is in the best interests of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, as follows: Section I. The following codification and revision of Ordinances consisting of Chapters 1 through 12, inclusive, entitled "Carmel City Code," two (2) copies of which shall be kept on file in the office of the Clerk-Treasurer is hereby adopted and enacted as the Carmel City Code. The format of the Carmel City code is as follows: Title Page Preface Page Table of Contents Page City Certification Page History of Carmel Pages City Officials Page Chapter 1-General Provisions Chapter 2-City Administration Chapter 3-Legislative and Judicial Branches Chapter 4-Fees, Licenses, Permits and Franchises Chapter 5-Parks and Recreation Chapter 6-Public Health and Safety Chapter 7-Building Code Chapter 8-Traffic and Parking Regulations Chapter 9-Utilities Chapter 10-Zoning Chapter ll-Comparative Tables Chapter 12-General Index It shall be treated and considered as a new and original codification and revision of Ordinances of the City of Carmel which shall supercede all other general and permanent ordinances passed and adopted by the Common Council before September 17, 1990, the date when Ordinance No. D-673 was passed, the last Ordinance included therein, except those exceptionally saved from repeal or continued as restatements or reenactments or original Ordinances and amendments thereto which are in force and effect for any purpose. Section II. All provisions of the Carmel Code shall be in full force and effect following publication of this Ordinance, and all Ordinances of a general and permanent nature of the City of Carmel, Indiana enacted on final passage on or before September 17, 1990, and not incorporated in this Code or recognized and continued in force by reference therein are hereby repealed from and after the effective date of this Ordinance, except as herein provided. Section III. The repeal provided for in Section II shall not affect any offence or act committed or done or any penalty or forfeiture incurred or imposed before the effective date of this Ordinance; nor shall such repeal affect any Ordinance or Resolution promising or guaranteeing the payment of money for the City, or authorizing the issuance of any bonds of the City or any evidence of the City's indebtedness, or any contract or obligation assumed by the City; nor shall such repeal affect the administrative Ordinances or Resolutions of the Council, no in conflict or inconsistent with the provisions of such Code; nor shall such repeal affect any right of franchise granted by any Ordinance or Resolution of the Council of any person, firm or corporation; nor shall..such repeal affect any Ordinance dedicating, naming, establishing, locating, relocating, opening, closing, paving, widening or establishing grades of any street or public way in the City; nor shall such repeal affect any Ordinance levying or imposing taxes not included herein; nor shall such repeal affect anyOrdinance or Resolution relating to salaries of City employees; nor shall such repeal affect any Ordinance providing for local improvements and levying special assessments therefor; nor shall such repeal affect any Ordinance dedicating or accepting any plat or Ordinance extending the boundaries of the City; nor shall such repeal affect any Ordinance or Resolution establishing, re-establishing or modif ing the boundaries or zoning districts, or changing the zoning C~assification of any lot or parcel of land. Each of the above-mentioned Ordinances shall in no way be repealed by this Ordinance except as the same may be in conflict with the provisions of such code. Section IV. Any and all additions or amendments to such Code, when passed in such form as to indicate the intention of the Council to make the same a part thereof, shall be deemed to be incorporated in such Code, so that reference to the Carmel City Code shall be understood and intended to include such additions and amendments. Section V. Two (2) copies of the Carmel City Code shall be kept of file in the office of the Clerk-Treasurer, or someone authorized by her, to insert in their designated places all amendments or Ordinances which indicate the intention of the Council to make the same a part of such Code when the same shall have been printed or reprinted in page form, and to extract from such Code all provisions which may be from time to time repealed by the Council. These copies of such Code shall be available to all persons desiring to examine the same and shall be considered the official Code of the City of Carreel, Indiana. Section VI. It shall be unlawful for any persons, firm or corporation to change by additions or deletions, any part or portion of such Code, or to insert or delete pages or portions thereof, or to alter or tamper with such Code in any manner whatsoever which will cause the Code, any Ordinance, or the law of the City of Carmel, Indiana, to be misrepresented thereby. any person, firm or corporation violating this section shall be punished as provided in Section-l-ll of such Code. Section VII. It is hereby declared to be the intention of the council that the sections, paragraphs, sentences, clauses, phrases of such Code are severable and if any phrase, clause, sentence, paragraph, SectionArticle, Division, or Chapter of such Code shall be declared unconstitutional or invalid by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of such Code. Section VIII. Whenever in this Ordinance or in such Code as act is prohibited or is made or declared to be unlawful or an offense, or whenever in this Ordinance or in such Code the doing of any act is required or the failure to do any act is declared to be unlawful, the violation of any such provision of this Ordinance or of such Code shall be punished by a fine-not exceeding Two Thousand Five Hundred Dollars ($2,500.00). The fine assessed for the violation of any Ordinance requiring a license may be a sum equal to the amount required by the Ordinance to be paid for such license, unless otherwise provided. Section IX. In addition to the penalties hereinabove provided, any condition caused or permitted to exist in violation of any of the provisions of such Code shall be deemed a public nuisance and may be by the City abated as provided by law, and each day such condition shall continue to be reg~Fded as a new and separate offense. Section X. All Ordinances or parts of Ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. Section XI. This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor. PASSED AND ADOPTED BY THE COMMON COUNCIL OF CITY OF CARMEL, INDIANA, THIS ~ DAY OF ~/ , 1991. Presidin O ficer ATTEST: PRESENTED by m:the Mayor of the City of Camel, Indiana, on the day of <~/__ , 1991 e-h r o M. Dorothy J. I~ncock, Mayor, City of Camel ATTEST: /