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HomeMy WebLinkAboutD-2716-24 Prohibition of Alcohol on_Monon Amendment Ordinance final SPONSOR(S): Worrell, Snyder, Aasen, Ayers and Taylor This Ordinance was prepared by Sergey Grechukhin, Transactions Chief, on 6/18/2024. It may have been subsequently revised. ORDINANCE NO. D-2716-24 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, AMENDING CHAPTER 5, ARTICLE 1, SECTION 5-3(b)(2) OF THE CARMEL CITY CODE. Synopsis: Ordinance amending alcohol prohibition on certain sections of the Monon Greenway. WHEREAS, the City has previously prohibited containers of alcohol or beverages containing alcohol on or along the Monon Greenway; and WHEREAS, on August 5, 2024 the Common Council passed an ordinance (the “DORA Ordinance”) establishing a Central Designated Outdoor Refreshment Area (the “Central DORA”) that encompasses a section of the Monon Greenway as depicted in the attached Central DORA Map; and WHEREAS, individuals of twenty-one (21) years of age and older may consume alcoholic beverages within the Central DORA pursuant and subject to the DORA Ordinance’s regulations; and WHEREAS, pursuant to Indiana Code § 7.1-3-31, the Common Council may establish up to seven (7) Designated Outdoor Refreshment Areas; and WHEREAS, the Common Council of the City of Carmel, Indiana, now finds that it is in the interests of the public to amend alcohol prohibition on sections of the Monon Greenway that pass through any Designated Outdoor Refreshment Areas. 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 subsection of Carmel City Code Section 5-3(b) is hereby amended and shall read as follows: “(2) Use of alcohol. Containers of alcohol or beverages containing alcohol are strictly prohibited in, on or along the Monon Greenway for any reason, except for the Monon Greenway sections that pass through any Designated Outdoor Refreshment Areas, and any alcohol consumption in such sections is subject to the appliable Designated Outdoor Refreshment Area ordinance.” Section 3. The remaining provisions of Carmel City Code Sections 5-3 are not affected by this Ordinance and shall remain in full force and effect. Ordinance D-2716-24 Page One of Three Docusign Envelope ID: 194BAF4B-25A5-4111-BB84-D169206271CE SPONSOR(S): Worrell, Snyder, Aasen, Ayers and Taylor This Ordinance was prepared by Sergey Grechukhin, Transactions Chief, on 6/18/2024. It may have been subsequently revised. 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. [remainder of page intentionally left blank] Ordinance D-2716-24 Page Two of Three Docusign Envelope ID: 194BAF4B-25A5-4111-BB84-D169206271CE SPONSOR(S): Worrell, Snyder, Aasen, Ayers and Taylor This Ordinance was prepared by Sergey Grechukhin, Transactions Chief, on 6/18/2024. It may have been subsequently revised. PASSED by the Common Council of the City of Carmel, Indiana, this ____ day of ____________, 2024, by a vote of _____ ayes and _____ nays. COMMON COUNCIL FOR THE CITY OF CARMEL ___________________________________ Anthony Green, President Adam Aasen, Vice-President ___________________________________ ______________________________ Jeff Worrell Teresa Ayers ___________________________________ ______________________________ Anita Joshi Shannon Minnaar ___________________________________ ______________________________ Ryan Locke Matt Snyder ___________________________________ Rich Taylor ATTEST: ________________________________ Jacob Quinn, Clerk Presented by me to the Mayor of the City of Carmel, Indiana this day of ________________ 2024, at _______ __.M. ____________________________________ Jacob Quinn, Clerk Approved by me, Mayor of the City of Carmel, Indiana, this _____ day of ________________________ 2024, at _______ __.M. ____________________________________ Sue Finkam, Mayor ATTEST: ______________________________ Jacob Quinn, Clerk Ordinance No. D-2716-24 Page Three of Three Docusign Envelope ID: 194BAF4B-25A5-4111-BB84-D169206271CE 6th 6th Not Present Opposed A August 5th A Opposed 11:15 26 11:30 August August