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Home My WebLink AboutD-1711-04 Motoroized ConveyancesSPONSOR(S): Councilor Griffiths ORDINANCE NO. D-1711-04 AS AMENDED AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL~ INDIANA~ ADOPTING AND ADDING CARMEL CITY CODE CHAPTER 6~ ARTICLE 4, SECTION 6-72 REGARDING THE USE OF CERTAIN MOTORIZED CONVEYANCES WHEREAS, the City of Carmel, Indiana, seeks to protect the health, safety and welfare of its citizens and visitors; and WHEREAS, the Common Council of the City of Carmel, Indiana, recognizes the increasing popularity of"motorized conveyances" such as go-carts, go-peds and motorized skateboards; and WHEREAS, considerable risks to public health, safety and welfare are created when "motorized conveyances" are operated by children who are not old and mature enough to operate them safely or by persons who operate them on sidewalks; and WHEREAS, the operation of some "motorized conveyances" is not adequately addressed by current Indiana law; and WHEREAS, Carmel City Code Section 6-63 forbids the operation of any motor vehicle on a public sidewalk, but may leave unregulated the operation of the class of "motorized conveyances" above referenced; and WHEREAS, it is in the public interest to regulate the use of such "motorized conveyances." 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: That Chapter 6, Article 4, Section 6-72 is hereby approved, adopted and made a part of the Carmel City Code and shall read as follows: "Sec. 6-72 Use of Certain Motorized Conveyances Prohibited (a) A "Motorized Conveyance," as used in this Section, is defined as any vehicle in or on which one or more persons is conveyed any distance and that is powered by either an electric or internal-combustion engine and that has two (2) or more wheels with a diameter of less than fourteen (14) inches each, but shall not include any powered wheelchair or other device used to assist a physically impaired person. Prepared by Thomas D. Perkins, Assistant City Attorney SPONSOR(S): Councilor Griffiths ORDINANCE NO. D-1711-04 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL~ INDIANA~ ADOPTING AND ADDING CARMEL CITY CODE CHAPTER 6~ ARTICLE 4 ~ SECTION 6-72 REGARDING THE USE OF CERTAIN MOTORIZED CONVEYANCES WHEREAS, the City of Carmel, Indiana, seeks to protect the health, safety and welfare of its citizens and visitors; and WHEREAS, the Common Council of the City of Carmel, Indiana, recognizes the increasing popularity of"motorized conveyances" such as go-carts, go-peds and motorized skateboards; and WHEREAS, considerable risks to public health, safety and welfare are created when "motorized conveyances" are operated by children who are not old and mature enough to operate them safely or by persons who operate them on sidewalks; and WHEREAS, the operation of some "motorized conveyances" is not adequately addressed by current Indiana law; and WHEREAS, Carmel City Code Section 6-63 forbids the operation of any motor vehicle on a public sidewalk, but may leave unregulated the operation of the class of "motorized conveyances" above referenced; and WHEREAS, it is in the public interest to regulate the use of such "motorized conveyances." 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: That Chapter 6, Article 4, Section 6-72 is hereby approved, adopted and made a part of the Carmel City Code and shall read as follows: "Sec. 6-72 Use of Certain Motorized Conveyances Prohibited (a) A "Motorized Conveyance," as used in this Section, is defined as any vehicle in or on which one or more persons is conveyed any distance and that is powered by either an electric or internal-combustion engine and that has two (2) or more wheels with a diameter of less than ten (10) inches each, but shalt not include any powered wheelchair or other device used to assist a physically impaired person. Page One of Three Pages Prepared by Thomas D. Perkins, Assistant City Attorney Z:\Law\E Bass/My Oocu men t s\O RDINAN C E S~A mend Cod e~2004'C, DO 6-72 MOTORIZED CONVEYANCE doc SPONSOR(S): Councilor Griffiths (b) (c) (d) No person shall operate a Motorized Conveyance on any sidewalk, and no person under fifteen (15) years of age shall operate a Motorized Conveyance on any City street or upon any sidewalk, located within the City. Any person operating a Motorized Conveyance on a City street in compliance with this Section shall obey all traffic laws and ordinances and shall wear a helmet. Any violation of this Section shall be deemed an Ordinance Violation and any person violating any provision hereof shall be subject to a fine of Ten Dollars ($10.00) for the first offense, of up to Twenty-Five Dollars ($25.00) for the second offense, of up to a Fifty Dollars ($50.00) for the third offense and of up to One Hundred Dollars ($100.00) for each subsequent offense." Section 3. The provisions of Carmel City Code Chapter 6, Article 4 not directly affected by this Ordinance shall remain in full force and effect. Section 4. 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 5. 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 6. 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. Section 7. 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 ~(A~, 2004, by a vote of ~ ayes and ~ nays. Ordinance No. D- 1711-04 Page Two of Three Pages Prepared by Thomas D. Perkins, Assistant City Attorney Z:\Law\E Bass/My Documents/O RDINANCES~AmendCodeX2004~,DD 6-~'2 MOTORIZED CONVEYANCE doc SPONSOR(S): Councilor Griffiths COMMON COUNCIL FOR THE CITY OF CARMEL, INDIANA Ror~ .~¢~r~mp o~ Fre~tr//ck J. ' .~s~--_~2~ ..... "~ //eph~./ ?titUs ~ // ~EST: ~ fj ~. r Diana L. Cordray, I~C, ~easure Kev~irby ~-/ // Brian D. Mayo Ricl~ard L. ~t~rp ~ Presellted bY me to the Mayor. of the City of Carmel, Indiana, this / ~ of -2004, at ~t: (/_,,~ O'clock, ~ M. Diana L. Cordray, IAMC, Clerk-~ur Approved by me, Mayor of the City of Cannel, Indiana, this c90 ~ day of (~Lt,t ~ 2004, at ,.' ,5~1. O' clock, l° · M. j//.~.~ /~.,~~ Jab'es Brainard, Mayor ATT/EST: Diana L. Cordray, IAMC, ClerCreasurer Ordinance No. D-1711-04 Page Three of Three Pages Prepared by Thomas D. Perkins, Assistant City Attorney Z:\LaW~E Bass\My Docun~nts\ORDINANgEStAmendCode~2004"ADD 6-72 MOTORIZED CONVEYANCE doc