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HomeMy WebLinkAboutD-1645-03 Agricultural DistrictSponsor: Councilor Snyder ORDINANCE NO. D-1645-03 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, AMENDING CHAPTER 6, ARTICLE 4, SECTIONS 6-50 AND 6-65 AND CHAPTER 6, ARTICLE 5, DIVISION I, SECTION 6-75, DIVISION II, SECTION 6-88, DIVISION III, SECTIONS 6-93 AND 6-94 AND DIVISION VII, SECTION 6-146 OF THE CARMEL CITY CODE WHEREAS, the Common Council of the City of Cannel ("Council") has adopted an amendment to the zoning ordinance to establish an Agricultural District; and, WHEREAS, the Council recognizes the benefit of conserving and protecting agricultural lands; and, WHEREAS, certain provisions of the Code of Ordinances of Cannel, Indiana ("~Code") are inconsistent with allowing agricultural areas within the corporate boundaries of the City of Carmel ("City"); and WHEREAS, the Council has the authority to amend th.e Code; and WHEREAS, the Council desire~'to amend Chapter 6, Article 4, Sections 6-50 and 6-65, and Chapter 6, Article 5, Division I, Section 6-75, Division II,. Section 6-88, Division III, Sections 6-93 and 6-94 and Division VII, Section 6-146 of the Code; NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of Carmel, Indiana, as follows: Section I. Section 6-50 of the Code is hereby amended by the addition of the language which is underlined, to read as follows: § 6-50 Barbed Wire and Electric Fences Prohibited. No person shall maintain or construct any fence composed in whole or in part of barbed wire or similar material designed to cause injury to persons, or any wire charged with electric current, within three feet of any street, sidewalk, alley or other public way or place, except in an Agricultural District. Section II Section 6-65 of the Code is hereby amended by the addition of the language which is underlined, to read as follows: Sponsor: Councilor Snyder § 6-65 Use of Weapons Prohibited. (a) It is declared to be unlawful for any person, with or without malice, purposely and deliberately to point, aim or fire a pistol, revolver, rifle, shotgun, machine gun, firearm or any other dangerous or deadly weapon within the corporate limits or within the established boundaries of the City. (b) Any person who violates any provision of this section shall be fined not less than $10 nor more than $500 for each offense, in addition to which the weapon may be ordered confiscated. (c) This section shall not affect the use of weapons which have legally been approved for such use in areas or as otherwise approved by the Metropolitan Police Department of the City nor shall such prohibit the reasonable use of weapons in the protection of human life or property, including the protection of livestock or farm animals in an Agricultural District. Section III. Section 6-75 of the Code is hereby amended by the addition of the language which is underlined, to read as follows: §6-75 Public Nuisances Prohibited. (a~ No person shall erect, contrive, cause, continue, maintain or permit to exist any public nuisance within the City. (b) An agricultural operation or any of its appurtenances is not and does not become a nuisance, private or public, by an,/changed conditions in the vicinit,/ of the locality after the a~xicultural operation has been in operation continuousl`/on the localit`/for more than one (1) `/ear if there is no si~ificant 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. Section IV. Section 6-88 of the Code is hereby amended by the addition of the language which is underlined, to read as follows: §6-88 Removal of Rank Vegetation, Weeds and Debris. (m) This section shall not appl,/to an A~ricultural District. Section V. Section 6-93 of the Code is hereby amended by the addition of the language which is underlined to read as follows: Sponsor: Councilor Snyder §6-93 Three Acres Required for Farm Animals. It shall be unlawful for any person to maintain cows swine, chickens, horses, sheep, goats or ducks within the limits of the City in any area consisting of less than three acres, except in an Agricultural District. This section shall not apply to the maintenance of horses for riding purposes at authorized stables. Section VI. Section 6-94 of the Code is hereby amended by the addition of the language which is underlined to read as follows: § 6-94 Cattle, Dairy Cattle, and Hogs Prohibited. It shall be unlawful for any person to keep within the City any feeding lots or barns for the stabling and feeding of any cattle, dairy cattle or hogs, for feeding or dairying purposes; or to erect or maintain any stock pens to be used for feeding pens or lots for cattle or hogs. All pens for such purposes are declared a nuisance and dangerous to the public health of the citizens of the City. This section shall not apply to an Agricultural District. Section VIII. Section 6-146 of the Code is hereby amended by the deletion of the language which is stricken-through and by the addition of the language which is underlined, to read as follows: § 6-146 Exceptions. (a) The following types of fires are permitted subject to the limitations found in subsection (b): (1) Fires used for celebrating Twelfth Night Ceremonies. (2) Fires used for celebrating school pep rallies. (3) Fires used for celebrating scouting activities. (4) Fires used for recreational and cooking purposes, i.e., camp fires. (5) Residential burning where residence contains four or fewer units. Burning shall be in a noncombustible container sufficiently vented to induce adequate primary combustion air with enclosed sides, a bottom, and a mesh covering with opening no larger than ~¼ inch square. Sponsor: Councilor Snyder Burning is prohibited in apartment complexes and mobile home parks. (6) Farm burning and burning by the Department of Natural Resources as allowed by 326 LSC ~. i 3 I.C. 13- 17-9. (7) Burning with prior receipt of a variance application and approval of the Indiana Air Pollution Control Board or its designated agent as allowed by 326 IAC 4-1-1. Section VIII. All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed. Section IX. This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor. ~PASSED by the Common Council of the City of Carmel, Indiana, this~_~'day of__ 2003, by a vote of 5' ayes and (D nays. ~~' ~~~~//COMMON C?UNCIL FOR THE CITY O~INDIANA~,~.~.~ Presid~'Officer ~ ~" K~,~ ~i 'Luci Sn~-d~r~er' President -' ~ Ronald E. Carter Wayne At. Wilson ATTEST: Diana L. Cordra~¢, IAMC, Cl~-Tr~asurer Sponsor: Councilor Snyder ]~m ~tesentcd by/~.e~to_ ~e ~ayor of the City of C=el, hdi~a, at o' cloc~, m. th~ ~flay of ( ~f~ ,2003. . Di~a L. Cor~ay, ~C, ~l~-~as~er ~pproved bY me, Mayor of ~e City of Ca~el, ~di~a, at ~ ~ D o'clock ~. m. this_ ~ 7 ~day of ~/v~ e~ ,2003. on Brainard, Mayor Diana L. Cordray, IAM~surer 800208 Prepared by: Sue Beesley, Bingham McHale LLP, 2700 Market Tower, Indianapolis, 1N 46204-2982.