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HomeMy WebLinkAboutD-2724-24 Cable Burial Depth min 6 inches SPONSOR(S): Councilor Joshi This Ordinance was prepared by Sergey Grechukhin, Transactions Chief, on 8/2/24. It may have been subsequently revised. ORDINANCE NO. D-2724-24 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, ADDING CHAPTER 9, ARTICLE 5 SECTION 9-193 TO THE CARMEL CITY CODE. Synopsis: Ordinance requiring that telecommunication cables be buried at a minimum depth of six inches. WHEREAS, pursuant to Indiana Code Section 36-8-2-4 and its general police powers, the City of Carmel, Indiana (“City”) has the power and authority to address and restrict conduct and the use of property in a manner that may endanger the public health, safety, or welfare; and WHEREAS, pursuant to Indiana Code Section 36-8-2-5, the City has the power and authority to address and restrict persons that might cause other persons to be injured or contract diseases; and WHEREAS, The City of Carmel, Indiana (the “City”) has been notified of numerous instances where telecommunications cables have not been buried at a proper depth or not buried at all creating a tripping and general safety hazard, and occasionally leading to said cables being accidentally cut or damaged by animals, grass mowing or landscaping equipment creating an obstruction and interfering with the comfortable enjoyment of property; and WHEREAS, it is in the best interest of the citizens of Carmel to ensure that telecommunication cables are buried at a proper depth to reduce safety and welfare hazards as well as instances of accidental cable damage or cutting; and 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 9, Article 5, Section 9-193 should be and the same is hereby added to the Carmel City Code, and shall read as follows: “§ 9-193 Telecommunication Cable Minimum Burial Depth. (a) Definitions. (1) “Telecommunication cable” means an underground telephone, coaxial, ethernet, or fiber optics cable providing any video delivery service, cable television service, or internet service to consumers. This definition does not include above ground transmission or distribution cables, cables laid along or within public rights-of-way or private streets, or cables laid within utility easements or property owned by any utility. (2) “Telecommunication Service” means any video delivery service, cable television service, or internet service provided by a utility to consumers. (3) “Utility” means (1) a public, municipally-owned, or cooperatively-owned utility; or (2) a joint agency created under Indiana Code Section 8-1-2.2. Ordinance D-2724-24 Page One of Three Pages Docusign Envelope ID: 194BAF4B-25A5-4111-BB84-D169206271CE SPONSOR(S): Councilor Joshi This Ordinance was prepared by Sergey Grechukhin, Transactions Chief, on 8/2/24. It may have been subsequently revised. (a) Within the City of Carmel, contractors, subcontractors, or any other installers of telecommunication cables (collectively “installers”) shall bury said cables at a minimum depth of six inches. If an industry or utility-established standard requires a greater burial depth, the telecommunication cables shall be buried according to such standard instead. (b) City of Carmel Engineering Department may require installers of telecommunication cables to provide the Engineering Department a certification form that the telecommunication cable was buried at minimum depth according to this section. (c) If, due to topography, soil composition, or any other condition present at the premises, it is impossible or impractical to bury telecommunication cables according to this section, an installer must submit a written explanation to the consumer or their representative with stated reasons for failure to comply with this section and identify area(s) where telecommunication cables are buried at depths less when six (6) inches. (d) This section does not apply to telecommunication cables laid along, under or above public rights-of-way or private streets, within utility easements, or property owned by any utility. (e) This section does not apply to installation of cables, conduits or wires that are regulated by Federal Telecommunication Commission, Indiana Utility Regulatory Commission or any other federal or state entity having jurisdiction over such installation. This section is considered supplementary and in addition to the federal laws or laws of the State of Indiana and is to be fully enforced where not inconsistent with those laws. Any violation that is a violation of the state law shall be enforced under the state statute. (f) Except as otherwise stated in this section, an installer violating this section may be fined up to $250.00 per occurrence. Section 3. The remaining provisions of Carmel City Code Article 5 are not affected by this Ordinance and shall remain in full force and effect. 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. 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-2724-24 Page Two of Three Pages Docusign Envelope ID: 194BAF4B-25A5-4111-BB84-D169206271CE SPONSOR(S): Councilor Joshi This Ordinance was prepared by Sergey Grechukhin, Transactions Chief, on 8/2/24. 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-2724-24 Page Three of Three Pages Docusign Envelope ID: 194BAF4B-25A5-4111-BB84-D169206271CE Not Present August A A August6th 5th 08 6th 11:15 11:30 August