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HomeMy WebLinkAboutD-2606-21 Parking Amendments to Chapter 8 Article 5 Sections 8-45 and 8-48; regarding city streets within proximity of school property SPONSOR(S): Councilors Worrell, Finkam, Rider, Campbell, Aasen, and Nelson This Ordinance was prepared by Benjamin J. Legge, Assistant Corporation Counsel, on 10/22/2021 at 12:00 p.m. It may have been subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by Mr. Legge for legal sufficiency or otherwise. ORDINANCE NO. D-2606-21 AS AMENDED AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, AMENDING CHAPTER 8, ARTICLE 5, SECTIONS 8-45 AND 8-48 OF THE CARMEL CITY CODE. Synopsis: Ordinance amending the civil penalties collected by the Ordinance Violation Bureau for violations of any provision of Chapter 8, Article 5 of the Carmel City Code and further regulating the parking and stopping of motor vehicles on City streets within proximity of school property. WHEREAS, the City of Carmel (“City”), pursuant to Indiana Code Chapter 33-36-2, has established the City of Carmel Ordinance Violation Bureau under Carmel City Code § 3-58 and, under Carmel City Code § 8-45, has correspondingly set civil penalties collected by the Ordinance Violation Bureau for violations of provisions under Carmel City Code, Chapter 8, Article 5; WHEREAS, the City, pursuant to Indiana Code § 9-21-1-3, within the reasonable exercise of its police power, may by ordinance regulate vehicular standing and parking; WHEREAS, the City has previously regulated vehicular parking within its corporate limits, such regulation being codified, in part, under Carmel City Code §§ 8-45 and 8-48; and WHEREAS, the Common Council of the City now finds that it is in the interests of public safety and welfare to amend the civil penalties collected by the Ordinance Violation Bureau for violations of any provision of Carmel City Code Chapter 8, Article 5 and to further regulate the parking and standing/stopping of motor vehicles on City streets. 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. The following subsections of Carmel City Code Section 8-45 are hereby amended and shall read as follows: § 8-45 General Provisions. (c) Any police officer or community service officer who observes the violation of any provision of Chapter 8, Article 5 of the City Code shall attach to the offending vehicle a notice to the owner/operator thereof that such vehicle has been parked in violation of same and advising that such person may, on or before the date and time set forth on the ticket to appear before the City of Carmel Ordinance Violation Bureau Clerk, pay to the City of Carmel Ordinance Violation Bureau Clerk, as a fine for and in full satisfaction of such violation, the sum of twenty-five dollars ($25.00) for the first violation and a sum of one hundred dollars ($100.00) for each subsequent violation , except that, in the case of a vehicle that is unlawfully parked in a properly marked handicapped parking space, or that has been backed into a parking space in violation of § 8-50 of the City Code, such fine shall be in the sum of fifty dollars ($50.00) for the first violation and a sum of one hundred and twenty-five dollars ($125.00) for each subsequent violation. Ordinance D-2606-21 (Version A – Finance, Utilities and Rules Committee Meeting 11/18/2021) Page One of Five Pages DocuSign Envelope ID: BC18F2C2-05EC-4BBC-94C7-A12921C98501 SPONSOR(S): Councilors Worrell, Finkam, Rider, Campbell, Aasen, and Nelson This Ordinance was prepared by Benjamin J. Legge, Assistant Corporation Counsel, on 10/22/2021 at 12:00 p.m. It may have been subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by Mr. Legge for legal sufficiency or otherwise. If this fine is not paid in full on or before the date and time set forth on the ticket to appear before the City of Carmel Ordinance Violation Bureau Clerk, Corporation Counsel shall initiate proceedings in a court of competent jurisdiction against the owner/operator who has been issued said ticket who shall be subject to the general penalties provided for violations of the provisions of Article 5 of this Chapter. Nothing contained in this subsection shall limit the City's right to also tow and impound any vehicle found to be parked in violation of any provision of Article 5 of this Chapter, the costs of such towing and impoundment to be paid by the vehicle owner in addition to the payment of any fine assessed hereunder. (d) All fines received by the City Court or the City of Carmel Ordinance Violation Bureau Clerk for violations of Article 5 of this chapter shall be deposited into the City's General Fund pursuant to applicable law. (e) The use of any resident vehicle sticker or merchant vehicle sticker in violation of Article 5 of this chapter shall void the sticker and make the registered owner of the vehicle to whom the sticker was issued ineligible to obtain another such sticker for a period of one year from the date of such violation. Any vehicle that displays a resident vehicle sticker or merchant vehicle sticker that was not issued to that vehicle may also be ticketed, towed and impounded pursuant to subsection (c) above. Section 3. The following subsections of Carmel City Code Section 8-48 are hereby amended and shall read as follows: § 8-48 Limited Stopping and Parking Areas. (a) Three-hour parking zones between the hours of 6:00 a.m. and 5:00 p.m., Monday through Saturday only, are established in the following parking lots: (4) Reserved (d) Three-hour parking zones between the hours of 6:00 a.m. and 5:00 p.m., Monday through Saturday only, are established on the following City streets: (4) On the north side of Main Street between its intersection with the Monon Greenway to a point 186 feet east of the intersection of Main Street and Rangeline Road. On the south side of Main Street from a point 147 feet east of the intersection of the Monon Greenway and Main Street to a point 343 feet east of the intersection of the Monon Greenway and Main Street, from a point 42 feet east of the intersection of Main Street and 1st Avenue S.W. to a point 217 feet east of the intersection of Main Street and 1st Avenue S.W. (f) No person shall Stop or Park a motor vehicle within a roadway segment, located within the City’s corporate limits and within two thousand five hundred (2,500) feet of any Carmel-Clay School property, from 7:00 a.m. EST to 5:00 p.m. EST, Monday through Friday, while Carmel-Clay Schools are in session, and where “No Stopping or Parking” signs, or an equivalent thereof, have been installed by the City of Carmel. (1) All requests for the City to install or remove applicable signs under subsection (f) shall be made by the Department of Engineering to the City of Carmel Board of Public Works and Safety for its review and approval. Ordinance D-2606-21 (Version A – Finance, Utilities and Rules Committee Meeting 11/18/2021) Page Two of Five Pages DocuSign Envelope ID: BC18F2C2-05EC-4BBC-94C7-A12921C98501 SPONSOR(S): Councilors Worrell, Finkam, Rider, Campbell, Aasen, and Nelson This Ordinance was prepared by Benjamin J. Legge, Assistant Corporation Counsel, on 10/22/2021 at 12:00 p.m. It may have been subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by Mr. Legge for legal sufficiency or otherwise. (2) Subsection (f) shall not apply to following: (i) Where Stopping or Parking of a vehicle is at the direction of a police officer; (ii) When temporarily Parked or Stopped during the actual performance of bona fide City business, commercial service, construction, sales, or delivery of goods, equipment, or persons to a neighboring residential or commercial property (not including schools); and (iii) The Stopping or Parking of Authorized Emergency Vehicles. (g) Notwithstanding the above, the provisions of subsection (f) shall not apply to any vehicle which properly displays a valid resident vehicle sticker or temporary guest parking permit issued pursuant to this subsection. (1) Resident vehicle stickers shall, upon request, be issued hereunder by the Carmel Police Department for any vehicle that is lawfully driven by a person who resides at an address that abuts any of the streets or street segments where signs have been installed under subsection (f). To receive a resident vehicle sticker, an applicant must provide to the Carmel Police Department the registration of the vehicle that will display the sticker and proof of residency at the address in question via a valid Indiana driver’s license or via a valid photo ID and a document issued within the last 60 days verifying the applicant’s address—acceptable documents include, but are not limited to, mail (with a legible postmark), statements, bills, or lease agreements. Resident vehicle stickers shall be issued at no cost and are not transferable. (2) Up to five (5) temporary guest parking permits shall, upon request, be issued hereunder by the Carmel Police Department for each residence that abuts any of the streets or street segments where signs have been installed under subsection (f). Temporary guest parking permits must be displayed on the rearview mirror of a vehicle, visible from the outside of the vehicle, and must have the property address for which the permit was obtained written thereon. Unless otherwise stated, a temporary guest parking permit shall allow parking within four hundred (400) feet of the property address for which the permit was obtained for up to two (2) hours on roadways/streets or street segments where signs have been installed under subsection (f). Up to five (5) temporary guest parking permits shall be issued at no cost and are not transferable. Upon request and at the discretion of the Carmel Police Department, additional temporary guest parking permits may be issued for a limited timeframe that extends beyond the standard two (2) hour limit but does not exceed thirty (30) days. Any additional or replacement temporary guest parking permits may be issued at the discretion of the Carmel Police Department, with the cost of the permit(s) paid by the applicant. (p) A one-hour parking zone, Monday through Friday only between the hours of 8:00 a.m. and 12:00 p.m., is established for the City parking lot located at the southeast corner of 1st Avenue NE and 1st Street NE. (q) A one-hour parking zone, Monday through Saturday between the hours of 6:00 a.m. and 5:00 p.m., is established for the parking lot located behind the Lion's Club building located at 141 East Main Street, the same being generally east of 1st Avenue S.E., south of East Main Street, west of Bryn Mawr Lane, and north of 2nd Avenue S.E. However, parking may be further restricted in this lot during certain Lion's Club meetings and events, at which times the public parking signs located in the Ordinance D-2606-21 (Version A – Finance, Utilities and Rules Committee Meeting 11/18/2021) Page Three of Five Pages DocuSign Envelope ID: BC18F2C2-05EC-4BBC-94C7-A12921C98501 SPONSOR(S): Councilors Worrell, Finkam, Rider, Campbell, Aasen, and Nelson This Ordinance was prepared by Benjamin J. Legge, Assistant Corporation Counsel, on 10/22/2021 at 12:00 p.m. It may have been subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by Mr. Legge for legal sufficiency or otherwise. lot shall be masked in a manner approved by the Carmel Police Department for the duration of the meeting or event only. (r) Notwithstanding the above, the provisions of subsection (q) shall not apply to any vehicle which properly displays a valid merchant vehicle sticker issued pursuant to this subsection. Merchant vehicle stickers shall, upon request, be issued hereunder by the Carmel Police Department for any vehicle registered to or lawfully controlled and driven by a person who is employed by a merchant located within one mile of the parking lot identified in subsection (q) above. A merchant vehicle sticker shall authorize the vehicle to which it is issued to park in the parking lot identified in subsection (q) above while the registered owner or operator thereof is at work within the City's corporate limits, and for 30 minutes before and after such person's work shift. Merchant vehicle stickers shall be issued at no cost and are not transferable. (s) A two-hour parking zone between the hours of 6:00 a.m. and 5:00 p.m., Monday through Saturday only, is established on the north side of Main Street from a point 227 feet east of the intersection of Main Street and Rangeline Road to a point 930 feet east of the intersection of Main Street and Rangeline Road. The Carmel Street Department shall post appropriate signs or markings setting forth the above parking limitations and indicating that the above location is a “tow away” zone. Section 4. All prior ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed, to the extent of such inconsistency only, as of the effective date of this Ordinance, such repeal to have prospective effect only. However, the repeal or amendment by this Ordinance of any other ordinance does not affect any rights or liabilities accrued, penalties incurred or proceedings begun prior to the effective date of this Ordinance. Those rights, liabilities and proceedings are continued and penalties shall be imposed and enforced under such repealed or amended ordinance as if this Ordinance had not been adopted. Section 5. If any portion of this Ordinance is for any reason declared to be invalid by a court of competent jurisdiction, 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 shall be in full force and effect from and after the date of its passage and signing by the Mayor and such publication as required by law. Ordinance D-2606-21 (Version A – Finance, Utilities and Rules Committee Meeting 11/18/2021) Page Four of Five Pages DocuSign Envelope ID: BC18F2C2-05EC-4BBC-94C7-A12921C98501 SPONSOR(S): Councilors Worrell, Finkam, Rider, Campbell, Aasen, and Nelson This Ordinance was prepared by Benjamin J. Legge, Assistant Corporation Counsel, on 10/22/2021 at 12:00 p.m. It may have been subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by Mr. Legge for legal sufficiency or otherwise. PASSED by the Common Council of the City of Carmel, Indiana, this ____ day of ________, 20___, by a vote of _____ ayes and _____ nays. COMMON COUNCIL FOR THE CITY OF CARMEL ___________________________________ __________________________________ Sue Finkam, President Timothy J. Hannon ___________________________________ __________________________________ Kevin D. Rider, Vice-President H. Bruce Kimball ___________________________________ __________________________________ Adam Aasen Miles Nelson ___________________________________ __________________________________ Laura D. Campbell Jeff Worrell ___________________________________ Anthony Green ATTEST: ___________________________________ Sue Wolfgang, Clerk Presented by me to the Mayor of the City of Carmel, Indiana this ____ day of _________________________ 20___, at _______ __.M. ____________________________________ Sue Wolfgang, Clerk Approved by me, Mayor of the City of Carmel, Indiana, this _____ day of ________________________ 20___, at _______ __.M. ____________________________________ James Brainard, Mayor ATTEST: ___________________________________ Sue Wolfgang, Clerk Ordinance D-2606-21 (Version A – Finance, Utilities and Rules Committee Meeting 11/18/2021) Page Five of Five Pages DocuSign Envelope ID: BC18F2C2-05EC-4BBC-94C7-A12921C98501 21 8 8th 21 P4:30 Not Present 21 December 6th 0 December 5:30 December 8th P