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HomeMy WebLinkAboutD-2745-24 Reckless Driving ExhibitionsSPONSOR(S): Councilors Worrell, Minnaar, Joshi, Ayers and Taylor This Ordinance was originally prepared by Benjamin J. Legge, City Attorney, on 9/30/24 at 11:20 AM. 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 D-2745-24 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, ADDING CHAPTER 6, ARTICLE 5, SECTION 6-84 TO THE CARMEL CITY CODE Synopsis: Ordinance prohibiting reckless driving exhibitions. WHEREAS, pursuant to Indiana Code Sections 36-1-3-4 and 36-1-3-6, the City of Carmel, Indiana (“City”) is authorized and entitled to protect the public health, safety, and welfare, and to exercise its police powers—Indiana Code § 9-21-1-3 also provides authority for the City to regulate standing or parking of vehicles, to regulate traffic, and to regulate or prohibit processions or assemblages on the highways; and WHEREAS, the use of a motor vehicle to engage in reckless driving exhibitions in the City’s corporate limits results not only in unsafe traffic conditions for other vehicles, children, and pedestrians, but also attracts rowdy, uncivil, intimidating, and criminal activity to the vicinity of such events, which engenders fear and disinvestment among neighborhood residents and prevents the full and peaceful enjoyment of the use of their property, or otherwise negatively impacts the health, safety, and welfare of the community; and WHEREAS, such reckless driving exhibitions can result in damage to persons and private property and also public property, including the streets, which costs are born by the public and surrounding property owners, and can also necessitate the assignment of City personnel or equipment to protect the health, safety, welfare, and/or property of citizens; and WHEREAS, such reckless driving exhibitions have been occurring with greater frequency, including recent incidents in the Indianapolis area where streets and intersections were shut down to other motor vehicles and public property was damaged; and WHEREAS, reckless driving exhibitions are therefore declared to be a public nuisance where action necessary to abate the public nuisance may be required, including the towing of the motor vehicles connected to the nuisance; and WHEREAS, the Common Council wishes to prohibit reckless driving exhibitions. NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of Carmel, Indiana, as follows: Section 1. The foregoing Recitals are incorporated herein by this reference. Section 2. Chapter 6, Article 5, Section 6-84 of the Carmel City Code is hereby added and shall read as follows: “§ 6-84 Reckless Driving Exhibitions Prohibited. (a) Definitions: Burnout. A maneuver performed while operating a motor vehicle whereby the motor vehicle is kept stationary, or is in motion, while the wheels are spun, resulting in friction which causes the motor vehicle’s tires to heat up and emit smoke. Ordinance D-2745-24 Page One of Four Pages Docusign Envelope ID: 98451C03-3FDF-4CC1-89D2-C5902F8C15A4 SPONSOR(S): Councilors Worrell, Minnaar, Joshi, Ayers and Taylor This Ordinance was originally prepared by Benjamin J. Legge, City Attorney, on 9/30/24 at 11:20 AM. It may have been subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by Mr. Legge for legal sufficiency or otherwise. Doughnut. A maneuver performed while operating a motor vehicle whereby the front or rear of the motor vehicle is rotated around the opposite set of wheels in a continuous motion which may cause a circular skid-mark pattern of rubber on the driving surface and/or the tires to heat up and emit smoke from friction. Drifting. A maneuver performed while operating a motor vehicle whereby the motor vehicle is steered so that it makes a controlled skid sideways through a turn with the front wheels pointed in a direction opposite to that of the turn. Participate. Any act done for the purpose of organizing, facilitating, participating in and/or supporting a Reckless Driving Exhibition within the City of Carmel’s corporate limits, including but not limited to: 1. Collecting or exchanging money or anything of value in connection with a Reckless Driving Exhibition. 2. Riding as a passenger in a motor vehicle engaging in Reckless Driving Exhibition; 3. Causing or encouraging one or more motor vehicles to gather at a predetermined location within the City of Carmel’s corporate limits in connection with a Reckless Driving Exhibition; 4. Causing or encouraging one or more persons to gather on, or adjacent to a street, highway, public property, parking garage, or parking lot in connection with a Reckless Driving Exhibition; 5. Causing or encouraging one or more persons and/or motor vehicles to impede pedestrian or vehicular traffic within the City of Carmel’s corporate limits by acts, words, or physical barriers; 6. Standing or sitting in a location to act as a Reckless Driving Exhibition event official, including but not limited to a starter, steward, or announcer; 7. Promoting a Reckless Driving Exhibition, including any advertising, posting, or sharing the location of a Reckless Driving Exhibition or taking video or photographic images for purpose of promoting and/or profiting from the event. Reckless Driving Exhibition. The use of a motor vehicle to perform or engage in any Burnouts, Doughnuts, Drifting, Wheelies, or other dangerous motor vehicle activity. Wheelie. A maneuver performed while operating a motor vehicle whereby a motor vehicle is driven for a distance with the front wheel or wheels raised off the ground. (b) A Reckless Driving Exhibition is specifically declared to be a public nuisance. (c) No person while operating a motor vehicle shall engage in a Reckless Driving Exhibition on any street, highway, or public property within the City of Carmel’s corporate limits. (d) It is unlawful for any person to Participate in a Reckless Driving Exhibition within the City of Carmel’s corporate limits. (e) Any Person who violates this Section shall be guilty of an ordinance violation punishable by a fine of $250 for the first offense and a fine of $2500 for each subsequent offense. Ordinance D-2745-24 Page Two of Four Pages Docusign Envelope ID: 98451C03-3FDF-4CC1-89D2-C5902F8C15A4 SPONSOR(S): Councilors Worrell, Minnaar, Joshi, Ayers and Taylor This Ordinance was originally prepared by Benjamin J. Legge, City Attorney, on 9/30/24 at 11:20 AM. It may have been subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by Mr. Legge for legal sufficiency or otherwise. (f) Any motor vehicle used in a Reckless Driving Exhibition as defined in this Section may be towed at the direction of the Carmel Police Department to an area designated by the City at the owner's expense. The owner shall also be required to pay any and all towing and storage fees resulting from this action.” Section 3. The remaining provisions of Carmel City Code Chapter 6 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. Should any provision or portion of this Ordinance be declared by a court of competent jurisdiction to be invalid for any reason, the remaining provisions shall not be affected so long as they can, without the invalid provision, be given the effect intended by the Common Council in adopting this Ordinance. To this end, the provisions of this Ordinance are severable. Section 6. This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor and such publication as is required by law. (the remainder of this page is left intentionally blank) Ordinance D-2745-24 Page Three of Four Pages Docusign Envelope ID: 98451C03-3FDF-4CC1-89D2-C5902F8C15A4 SPONSOR(S): Councilors Worrell, Minnaar, Joshi, Ayers and Taylor This Ordinance was originally prepared by Benjamin J. Legge, City Attorney, on 9/30/24 at 11:20 AM. 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 ________, 2024, by a vote of _____ ayes and _____ nays. COMMON COUNCIL FOR THE CITY OF CARMEL Anthony Green, President Adam Aasen, Vice-President Rich Taylor Matt Snyder ______________________________ Jeff Worrell Teresa Ayers Shannon Minnaar Ryan Locke ______________________________ Anita Joshi 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 D-2745-24 Page Four of Four Pages Docusign Envelope ID: 98451C03-3FDF-4CC1-89D2-C5902F8C15A4 8th 8 7th October October 0 Not Present 8th October P 4:00 P 3:30