HomeMy WebLinkAboutD-1710-04 City Center Fountain BanSPONSOR(S): Councilor Griifiths ORDINANCE NO. D-1710-04 AS AMENDED AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL~ INDIANA~ AMENDING AND ADDING CARMEL CITY CODE CHAPTER 6~ ARTICLE 4~ SECTION 6-71~ PROHIBITING SWIMMING AT THE CIVIC SQUARE FOUNTAIN WHEREAS, the Common Council of the City of Carmel, Indiana, has been made aware of the common occurrence of adults, children and pets wading and swimming in the Civic Square Fountain structure (the "Fountain"); and WHEREAS, considerable risks to public health, safety and welfare, and an increased risk of municipal liability, are created when adults, children and pets wade and swim in the Fountain. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, as follows: Section 1. The foregoing Recitals are fully incorporated herein by this reference. Section 2. Chapter 6, Article 4, Section 6-71 should be and the same is hereby approved, adopted and made apart of the Cannel City Code and shall read as follows: "Sec.6-T1 No Entry Into Water of Civic Square Fountain No person shall swim, wade or place any portion of their body in the water of the Civic Square Fountain, nor allow any child or animal under their control to do so." Section 3. Each violation of this ordinance shall be punishable by a fine of not to exceed Fifty Dollars ($50.00). Section 4. The Carmel Street Department is hereby directed to promptly post the appropriate signs at the Fountain. Section 5. This Section supplements and does not limit any other remedy or action available in law or in equity regarding the subject matter hereof. Section 6. All prior City ordinances or parts thereof that are inconsistent with any provision of this Ordinance are hereby repealed as of the effective date of this Ordinance. Section 7. If any portion 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 so long as enforcement of same can be given the same effect. Section 8. This Ordinance compliments and does not limit the ability of law enforcement officers to charge any person with the violation of any other law or ordinance. Page One of Two Pages Prepared by Thomas D. Perkins, Assistant City Attorney D:\Files\Ordinances~2004\D-1710-04, As Amended.floc SPONSOR(S): Councilor Griffiths · This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor~ 2004, by a vote of d-7/ ayes and I nays. COMMON C?UNCLL FOR THE CITY OF CARMEL, INDIANA ~lrby y / 0 PPOOeD Ma~k Rattctman ~dcha~d L. Sharp ATTE/~I: - ~ ~' Dian'a L. Cordray, LAMC, Clcrk-TreCer Prflj~,en/t~., by me tootle Mayor of the City of Carmel, Indiana, this /7 day of ~- 2004, at 7. , Diana L. Cordray, IAMC, Clerk r~ure ~.~ ]~/~ ~,¢ 7L2004, at Approved by me, Mayor of the City of Carmel, Indiana, this r-~(9 day of ~, J rainard, Mayor ATTE , - Diana n. Cordray, IAMC, Clerk-Z{e,~tlr Ordinance No. D- 1710-04 Page Two of Two Pages Prepared by Thomas D. Perkins, Assistant Gity Attorney Z:\LaW~E Bass\My Docu n~nts\O RDINANCES~,rr~ndC od e~2004\F O U N TAIN SWIM ADD Sec 6171 ,doc SPONSOR(S): Councilor Grifflths ORDINANCE NO. D-1710-04 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL~ INDIANA~ AMENDING AND ADDING CARMEL CITY CODE CHAPTER 6~ ARTICLE 4~ SECTION 6-71~ PROHIBITING SWIMMING AT THE CITY CENTER FOUNTAIN WHEREAS, the Common Council of the City of Carmel, Indiana, has been made aware of the common occurrence of adults, children and pets wading and swimming in the City Center Fountain structure (the "Fountain"); and WHEREAS, considerable risks to public health, safety and welfare, and an increased risk of municipal liability, are created when adults, children and pets wade and swim in the Fountain. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, as follows: Section 1. The foregoing Recitals are fully incorporated herein by this reference. Section 2. Chapter 6, Article 4, Section 6-71 should be and the same is hereby approved, adopted and made a part of the Carmel City Code and shall read as follows: "Sec.6-71 No Entry Into Water of City Center Fountain No person shall swim, wade or place any portion of their body in the water of the City Center Fountain, nor allow any child or animal under their control to do so." Section 3. Each violation of this ordinance shall be punishable by a fine of not to exceed Fifty Dollars ($50.00). Section 4. The Carmel Street Department is hereby directed to promptly post the appropriate signs at the Fountain. Section 5. This Section supplements and does not limit any other remedy or action available in law or in equity regarding the subject matter hereofi Section 6. All prior City ordinances or parts thereof that are inconsistent with any provision of this Ordinance are hereby repealed as of the effective date of this Ordinance. Section 7. If any portion 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 so long as enforcement of same can be given the same effect. Section 8. This Ordinance compliments and does not limit the ability of law enforcement officers to charge any person with the violation of any other law or ordinance. Page One of Two Pages Prepared by Thomas D. Perkins, Assistant City Attorney Z:\Law\E Bass\My Documents/ORDINANCES~mendCode~2004/FOU NTAIN SWiM ADD Sec 6-71 doc