HomeMy WebLinkAboutD-1543-01 Solicition in StreetsSPONSOR(S): Councilor Battreall
ORDINANCE NO. D-1543-01
AN ORDINANCE OF THE COMMON COUNCIl, OF THE CITY OF CARMEL, INDIANA,
ADDING SECTION 6-67 TO THE CARMEL CITY CODE
WHEREAS. tile Common Council of the City of Carreel, Indiana, may enact ordinances
dcsigncd to rcgulatc conduct which may cudanger tbc public safety and welfare o/' its citizens; and
V¢ttEREAS, public safety and welFarc arc cnhanccd by prohibiting persons fi'om soliciting
fi'om City streets and medians the occupants of motor vehicles thcn Iocatcd on tbc travcled portions of
SLICb streets.
NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City or' Carreel,
Indiana, as tilllows:
Section 1. The lbregoing Recitals are fully incorporatcd hcrcin by this rcfcrcnce.
Section 2. Chaptcr 6, Articlc 4, Scction 6-67 is hereby added to the Carmel City Codc and shall
read as tbllows:
"Sec. 6-67. Solicitation In Streets Prohibited.
It shall bc nnlawftd for any person to sit, stand or move within or upon
any City street or upon any median in or bctwccn City strccts tbr the
purpose of or while engaged in soliciting, peddling, selling, advcnising,
donating or distributing any product, propcrty or service, including, bell
not limited to, tickets, handbills, flowers and newspapers, to or fi-on~
any occupant of a motor vchiclc then located on the traveled portion of
any City street.
It shall be unlawful for any person to solicit, peddle, sell, advcrtlsc,
donate or distribute any product, property or seNice. inch~ding, bnt nnl
limited to, tickets, bandbills, flowers and ncwspapcrs, to any occupant
of a motor vchiclc thcn located within or upon the traveled portion of
any City street so as to:
(a)
Endanger the safety or welfare ol' any occupant of such motor
vehicle;
(b) Impede thc li'cc ~oxv of vehicular traffic on ally City street: or
{c)
Obstruct or distract the view of the driver of any motor vehicle
within or upon the traveled portion of any City street.
Page One of Three Pages
Prepared by Douglas C. Haney, Carmel City Attorney
SPONSOR(S): Councilor Battreall
Any person who violates any provision of this Ordinancc shall be
subject to a fine not to cxceed Twenty Five Dollars ($25.00) For the
first such violation aud not to exceed Five Hundred Dollars ($500.00)
lbr each and every subsequeut violation, each day constituting a
separate violation.
The Carmel City Court shall have jurisdiction ovcr violations of this
Ordinance."
Section 3. All prior ordinances or pans thereof inconsistenl with auy provision of this
Ordinance arc hereby repealed as of the et't~ective date of this Ordinance. However, the repeal or
amendment by this Ordinancc of any other ordinance does not affect any rights or liabilities accrued,
pcnaltics incurred or proceedtugs begun prior to the effi:ctive date of this Ordinancc. Those rights,
liabilities and proceedings are contiuued aud penalties shall be imposed and cnti,~rccd under such
repealed or amended ordiuance as if this Ordinancc had not bccn adoptcd.
Section 4, Should ally provision or portion of this Ordinance bc dcclarcd by a court of
competeut ,jurisdiction to bc invalid for any reason, the remaining provisions shall not bc all~ctcd so
loug as they can, without thc invalid provision, be given the eFFect intended by the Common Council in
adopting this Ordinancc. To this end, the provisions of this Ordinauce are severable.
Section 5. Lipon proper passage, signing by the Mayor and such puhlication as is rcquircd by
law, this Ordiuance shall be ill full force and cft~ct on and after November 10, 2001.
PASSED by the Common Council of the City of Cannel, Indiana, Ihis ' day
· , 2(/01, by a votc of
Pr~'siding Officer
· / /--/ / :;
Robcr ttrcall
I ;,ue~-Srcvc~L'T"
( aycs and nays,
COMMON COU, NCIL FOR THE CITY OF CARMEL, INDIANA
..... ?' ....
Wayne)~. Wilson ' '
ATTEST:
Diana L. Cordray, IAMC, Clcrk-Treasurer
Ordnance No. D- 1543-0 I
Page Two of Three Pages
Prepared by Douglas C Haney, Carreel City Attorney
SPONSOR(S): Councilor Battreall
t M yor oft e City of Carmel, Indiana, at z/~/Z'-' o'clock . m. on the
Diana L. Cordray, IAMC, Cl~fyeasurer
Approved by me, Mayor of the City of Carmel, Indiana, at eg ~e_~ o'clock /o.. m. this
of ,2ool.
day
ATTE~j_d/~L~
Diana L. Cordray, IAMC, C1T~reasurer
Ordinance No. D- 1543 -01
Page Three of Three Pages
Prepared by Douglas C, Haney, Carmel City Attorney