HomeMy WebLinkAboutD-1673-04 Private Traffic Control Officers; Permit RequiredSPONSOR(S): Councilor Sharp
ORDINANCE NO. D-1673-04
AS AMENDED
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA,
ADOPTING AND ADDING CHAPTER 4, ARTICLE 1, DIVISION III, SECTION 4-31
TO THE CARMEL CITY CODE
WHEREAS, it furthers public health and safety to regulate private traffic control officers who
direct traffic on, onto, from or in any "public way," as that term is defined in Indiana Code 36-8-1-10,
and to limit the location and times in which traffic is so directed.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel,
Indiana, as follows:
Section 1. That the foregoing Recital is incorporated herein by this reference.
Section 2. That Chapter 4, Article 1, Division III, Section 4-31 should be and is hereby adopted
and added to the Carmel City Code and shall read as follows:
"4-31. Private Traffic Control Officers; Permits Required
a. This Section applies to any person who directs traffic on, onto, from or in any public way
located within the City and:
(i)
is not a sworn law enforcement officer employed in a law enforcement capacity on
a full-time basis by the Carmel Police Department, or
(ii)
is not then engaged in the construction, repair or maintenance of a public street or
highway, a public right-of-way or a public utility, nor then involved in the direction of
a funeral procession, or
is not then responding to a bona fide public emergency situation (e.g., a power
outage or flooded street) or serving as an unpaid volunteer at a temporary festival
or event sponsored by a charitable or not-for-profit entity
each such person being hereinafter referred to as a "Private Traffic Control Officer," as
well as to any person, business or entity who employs or uses a Private Traffic Control
Officer.
It is hereby declared to be unlawful for any person, business or entity to employ or permit
any Private Traffic Control Officer to direct traffic on, onto, from or in any "public way," as
that term is defined in Indiana Code 36~8-1-10, without first obtaining a private traffic
control location permit ("Location Permit") for such location.
Page One of Six Pages [AA 2-9-04]
Prepared by Douglas C. Haney, Carmel City Attorney
SPONSOR(S): Councilor Sharp
It is hereby declared to be unlawful for any person to serve as a Private Traffic Control
Officer within the City's corporate limits without first obtaining a private traffic control
officer permit ("Permit").
Anyone desiring to have a Private Traffic Control Officer direct traffic on, onto, from or in
any public way located within the City limits ("Location Applicant") shall complete and
submit to the Carmel Police Department a written Private Traffic Control application form,
along with all required attachments thereto ("Location Application"), for each such
location.
Upon receipt of a Location Application, the Chief of Police shall consult with the City
Engineer regarding the proposed private traffic control location and shall then, in his sole
discretion, issue a written decision approving or denying the Location Application within
thirty (30) calendar days from the date on which the Location Application was received.
This decision shall be served on the Location Applicant and shall be final unless appealed
in writing to the City of Carmel Board of Public Works and Safety ("Board") within ten (10)
calendar days from the date on which the decision was served on the Location Applicant.
If no decision is timely made by the Chief of Police, the Location Application shall be
deemed approved.
f. A Location Application shall be approved unless:
(i) it is incomplete or inaccurate as submitted,
(ii) the location, date(s), time(s) and/or proposed method of routing traffic set forth in the
Location Application may, in the opinion of the Chief of Police, adversely affect traffic flow
or the effectiveness of affected automatic traffic signals or signage, create traffic
congestion so as to allow easier access to one business or facility while making access to
nearby buildings or facilities more difficult, or heighten the danger to pedestrian, vehicular
traffic and/or public safety, at or near said location.
(iii) all other conditions precedent to the issuance of a Location Permit have not been met.
g. The Location Application shall contain, at a minimum:
(i) information sufficient to identify the Location Applicant and that the Location Applicant
is authorized to conduct business in the City.
(ii) the specific location, date(s) and time(s) when the Location Applicant will employ or
permit a Private Traffic Control Officer to direct traffic, and a diagram indicating how the
Private Traffic Contro~ Officer will route traffic on, onto, from or in any public way at such
location.
h. The Location Application shall be signed by the Location Applicant under oath and that
signature notarized by a Notary Public.
Anyone desiring to serve as a Private Traffic Control Officer shall complete and submit to
the Carmel Police Department a written Private Traffic Control Officer application form,
along with all required attachments thereto ("Application").
Ordinance No. D-1673-04 [AA 2/9/74; AA 2/13/04 - Sharp]
Page Two of Six Pages
Prepared by Douglas C, Haney, Carmel City Attorney
SPONSOR(S): Councilor Sharp
Upon receipt of an Application, the Chief of Police shall promptly investigate the character
of the applicant ("Applicant") and confirm the information set forth on the Application. He
shall then, in his sole discretion, issue a written decision approving or denying the
Application within thirty (30) calendar days from the date on which the Application was
received. This decision shall be final unless appealed in writing to the Board within ten
(10) calendar days from the date on which the decision was served on the Applicant. If no
decision is timely made by the Chief of Police, the Application shall be deemed approved.
k. An Application shall be approved unless:
(i) it is incomplete or inaccurate as submitted,
(ii)
it appears from the Application or investigation that the Applicant is not a person of
good moral character with a good reputation for honesty and integrity, or
(iii) all other conditions precedent to the issuance of a Permit have not been met.
I. The Application shall contain, at a minimum, the following information:
(i)
A list of all felony and misdemeanor convictions of the Applicant or a statement that
no such convictions exist.
(ii)
A copy of the Applicant's limited criminal history, obtained by the Applicant at
his/her own expense pursuant to Indiana Code 5-2-5-5.1.
Proof that the Applicant knows the proper and lawful techniques of traffic control in
situations that may occur while he/she is working as a Private Traffic Control
Officer.
(iv) The Permit fee, which shall be returned to the Applicant if the Permit is denied.
m. The Application shall be signed by the Applicant under oath and that signature notarized
by a Notary Public.
Any Permit/Location Permit issued pursuant to this Section shall be valid for one (1) year
from the date of its issuance, unless earlier revoked or suspended pursuant to this
Section, and shall be valid only for the Private Traffic Control Officer to which, or the
location for which, it was originally issued.
If the decision of the Police Chief regarding a Permit/Location Permit is timely appealed,
such appeal shall be heard by the Board, at a public hearing, within thirty (30) days from
the date the Board receives notice of the appeal. The Board shall decide, in writing, and
within fifteen (15) days from the date of such hearing, whether the decision of the Chief of
Police should be upheld. The decision of the Board is final and binding upon the
Applicant/Location Applicant and the City. If no appeal hearing is timely held or a Board
decision following such hearing is not timely made, the Application/Location Application at
issue shall be deemed approved.
Ordinance No. D-1673-04 [AA 2/9/74; AA 2/13/04 - Sharp]
Page Three of Six Pages
Prepared by Douglas C. Haney, Carmel City Attorney
SPONSOR(S): Councilor Sharp
In the event a Permit/Location Permit holder's circumstances change so as to make the
information contained in his/her Application/Location Application inaccurate or incomplete
("Changed Circumstances"), such person shall, within five (5) calendar days from the date
of such Changed Circumstances, inform the Chief of Police of same, in writing. Based on
this information, the Chief of Police may suspend the Permit/Location Permit of any such
permit holder and shall promptly and in writing notify the City Attorney and the permit
holder of such action. No Permit suspension shall be effective for more than thirty (30)
calendar days unless, within that suspension period, the permit holder is provided an
opportunity to be heard thereon by the Board at a public hearing and the Board
determines that the Permit/Location Permit suspension should continue beyond thirty (30)
days or that the matter should be otherwise resolved. At the end of such thirty (30) day
time period, if no decision has been made regarding a suspended Permit/Location Permit,
and absent the permit holder's consent to a longer review period, the Permit/Location
Permit suspension shall be deemed to have ended or that the matter should be otherwise
resolved.
Any Permit/Location Permit issued to any person, business or entity who fails to timely
provide the Chief of Police with written notice of his/her Changed Circumstances may,
upon the City's discovery of same, be immediately suspended pending a revocation
hearing before the Board. The Board shall hold a public hearing thereon within thirty (30)
days of the date of such suspension and shall determine whether the Permit/Location
Permit should be revoked or the matter otherwise resolved. At the end of this thirty (30)
day time period, if no decision has been made regarding the suspended Permit/Location
Permit, and absent the permit holder's consent to a longer review period, the suspension
of the same shall be deemed to have ended.
r. In addition to the Permit/Location Permit suspension and/or revocation provisions
contained elsewhere in this Section, the Board may suspend or revoke any
Permit/Location Permit on account of the permit holder's serious or repeated violations of
law, for his/her violation of the civil rights of any person, if the City becomes aware of
circumstances which indicate that the use of a Private Traffic Control Officer at a location
has created one or more of the permit non-approval factors set for[h in subsection (f)(ii)
above, or for any violation of this Section. No such Permit/Location Permit revocation
shall take place hereunder without first affording the permit holder an opportunity to
contest such revocation at a public hearing before the Board and the revocation is upheld
by written decision of the Board.
s. At any hearing held before the Board pursuant to this Section, both the City and the
Applicant/permit holder shall be given an opportunity to present their case, to confront
and cross-examine witnesses, and to be represented by an attorney at their own cost and
expense.
t. Each Permit issued to a person pursuant to this Section shall have a fee of Ten Dollars
($10.00) and each Location Permit issued to a person, business or entity pursuant to this
Section shall have a fee of Five Hundred Dollars ($500.00).
Ordinance No. D-1673-04 [AA 2/9/04]
Page Four of Six Pages
Prepared by Douglas C. Haney, Carmel City Attorney
SPONSOR(S): Councilor Sharp
Any person who violates any provision of this Section shall be fined not more than Five
Hundred Dollars ($500.00) for each such offense, each day in which a violation exists
constituting a new offense."
Section 2. This Ordinance supplements and does not limit any other remedy or action available
in law or in equity regarding the subject matter hereofi
Section 3. 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 4. The sections, paragraphs, sentences, clauses and phrases of this Ordinance are
separable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared
unconstitutional, invalid or unenforceable by the valid judgment or decree of a court of competent
jurisdiction, and such unconstitutionality, invalidity or unenforceability shall not affect any of the
remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance.
Section 5. This Ordinance shall be in full force and effect from and after the date of its passage,
execution by the Mayor and such publication as is required by law.
~, PASSED by the Common Council of the City of Carmel, Indiana, this/(ยข'ff~ day of
~(.~ ~{L/~{~/~. 2004, by a vote of ? ayes and ~ nays.
~7 ~ COM~NCIL
~residing-Of~cer
~k'~nald E. er~ r~sident f~ro Tempore
Diana L. Cor&ay, ~C, Cl~-Treas~er
FOR THE C~
ifi~Kirby..-~
Richard L. S~harp ~/
Ordinance No. D- 1673 -04 [AA 2/9/04]
Page Five of Six Pages
Prepared by Douglas C. Haney, Carmel City Attorney
SPONSOR(S): Councilor Sharp
Presented by ~e to the Mayor of the. City of Carmel, Indiana, this j ~Z~ day o~-~
2004, at fO. ~ O'clock, f//.M.
Dian~urer
Approved by me, Mayor of the City of Carmel, Indiana, this /7 ~day of '~~.~?
2004, at [ ~ Oclock, ~ .M.
fames Brainard, Mayor
ATTEST:
(~ ' Treasurer
Diana L. Cordray, Imv.,.~, ,~
Ordinance No. D-1673-04 [AA 2/9/04]
Page Six of Six Pages
Prepared by Douglas C. Haney, Carmel City Attorney
