HomeMy WebLinkAboutD-2759-25 Amending Park Operation Rules SPONSOR: Councilor(s) Taylor and Snyder
This Ordinance was prepared by Sergey Grechukhin, Transactions Chief, on 1/21/2025 at 11:04 a.m. No subsequent revision to
this Ordinance has been reviewed by Mr. Grechukhin for legal sufficiency or otherwise.
ORDINANCE D-2759-25
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA,
AMENDING CHAPTER 5, ARTICLE 1, SECTIONS 5-3 AND 5-4 OF THE CARMEL
CITY CODE
Synopsis: Ordinance amends certain sections of the Carmel City Code related to park and
recreation facilities’ operation rules.
WHEREAS, pursuant to Indiana Code § 36-4-6-18, the Carmel Common Council, as a legislative
body of the City of Carmel, Indiana (the “City”) may pass ordinances, orders, resolutions, and motions for
the government of the City, the control of the city's property and finances, and the appropriation of money;
and
WHEREAS, the Common Council has previously established rules for the City's park and
recreation facilities, outlined in Carmel City Code Section 5-3 (the “Park Operation Rules”); and
WHEREAS, the Carmel-Clay Board of Parks and Recreation (the "Park Board") is a political
subdivision established by the "Interlocal Cooperation Agreement" signed on July 30, 2002, and effective
January 1, 2003, to administer the Carmel-Clay Department of Parks and Recreation and park and recreation
facilities; and
WHEREAS, Indiana Code Sections 36-10-3-10(a)(2) and 36-10-7.5-6(2), and Section 4.1(b) of the
Interlocal Cooperation Agreement authorize the Park Board to periodically review and revise Park
Operation Rules to ensure appropriate and safe public use of park and recreation facilities; and
WHEREAS, on or about December 10th, 2024, the Park Board has revised the Park Operation
Rules, and requested that the Common Council amend and restate Carmel City Code Section 5-3 to conform
the City Code with the Board’s revisions;
WHEREAS, the Common Council supports these revisions to the Park Operation Rules as they
serve the best interests of Carmel residents.
NOW, THEREFORE, IT IS AGREED AND 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. Statutory reference for Chapter 5, Article 1 of the Carmel City Code is hereby amended
and shall read as follows:
Parks in certain cities; authorization of second class cities to adopt by prior ordinance, see I.C., 36-
10-4-1 through 36-10-4-40
Section 3. Section 5-3 of the Carmel City Code is hereby amended and shall read as follows:
Ordinance D-2759-25
Page One of Nine Pages
Docusign Envelope ID: E417DCFC-BFC2-409B-B78F-43DE523333D4
SPONSOR: Councilor(s) Taylor and Snyder
This Ordinance was prepared by Sergey Grechukhin, Transactions Chief, on 1/21/2025 at 11:04 a.m. No subsequent revision to
this Ordinance has been reviewed by Mr. Grechukhin for legal sufficiency or otherwise.
Ҥ 5-3 Rules of Park Operations.
(a) All applicable state, federal, and local laws, including but not limited to, laws governing
vandalism, nuisance, litter, animal/pet control, alcohol and drugs, will be enforced.
(b) The following rules are provided to supplement the laws and ensure a safe and nurturing
experience while visiting the Carmel Clay Parks and Recreation system. When used in the
rules, the word “Department” refers to the Carmel-Clay Department of Parks and
Recreation.
(1) Park hours.
(a) Except in emergency or unsafe conditions, parks shall be open at sunrise and
close at sunset.
(b) Visiting a park when it is closed is strictly prohibited, with the following
exceptions:
i. Using Department facilities located within a park during the facility’s
designated hours of operation.
ii. Attending an activity or event scheduled or approved by the Department.
iii. Traveling on an alternative transportation route as designated by the City
or Department.
iv. Visiting a park located within any Designated Outdoor Refreshment Area
during times of operation as specified within the applicable Designated
Outdoor Refreshment Area ordinance.
(2) Use of alcohol. Containers of alcohol or beverages containing alcohol are strictly
prohibited in parks and greenways with the following exceptions:
(a) Any park or section of a greenway located within any Designated
Outdoor Refreshment Areas, and any alcohol consumption is subject to
the applicable Designated Outdoor Refreshment Area ordinance.
(b) For an activity or event scheduled or approved by the Department by
vendor(s) who are required to have liquor liability insurance and all
applicable permits and licenses required to conduct business and serve
alcohol.
(3) Use of glass containers. Glass containers are strictly prohibited within parks.
(4) Use of fire.
(a) A person may kindle, build, stoke, light, maintain or use a fire within
any park, provided that the fire:
i. Is contained in a fireplace or pedestal grill provided by the
Department. Any fire must be constructed of safe, appropriate,
ordinary, natural and untreated materials, and continuously monitored
and cared for from kindling to complete extinguishment by a
competent person; or
ii. Is in strict compliance with a specific permit issued by the
Department. (Such as a campfire, prairie burn or bonfire for a specific
group event.)
Ordinance D-2759-25
Page Two of Nine Pages
Docusign Envelope ID: E417DCFC-BFC2-409B-B78F-43DE523333D4
SPONSOR: Councilor(s) Taylor and Snyder
This Ordinance was prepared by Sergey Grechukhin, Transactions Chief, on 1/21/2025 at 11:04 a.m. No subsequent revision to
this Ordinance has been reviewed by Mr. Grechukhin for legal sufficiency or otherwise.
(b) In the event of an emergency, the Department may prohibit the use of
fire within any park.
(5) Dealing with trash.
(a) It is strictly prohibited for any person to toss, drop, throw away, deposit,
or otherwise discard ashes, coals, used matches, or smoking materials upon the
ground, in waters or in trash containers within any park. All such matter shall be
contained in a fireplace or other appropriate container designated for the deposit of
such.
(b) It is strictly prohibited for any person to bring litter (as that term is defined
by I.C., Title 14 entitled “Natural and Cultural Resources,” as amended from time to
time) into a park and to deposit the litter within the park or in a park trash container,
except for garbage defined as paper goods, food wrappers, or food and beverage
containers used in the park, in accord with the rules hereof.
(6) Scattering cremated human remains. A permit issued by the Department is
required to scatter Cremated Human Remains (“cremains”) within a park subject
to the following:
(a) Only human cremains may be scattered. The scattering of other remains
is strictly prohibited.
(b) Ashes must be fully refined with no detectible remains and shall not be
distinguishable to the general public.
(c) Scattering must result in the complete dispersal of ashes. Cremains may
not be piled in one located or buried.
(d) No rocks, vegetation or other natural resources shall be moved, stacked,
cut or disturbed in any way.
(e) No monument, memorial, plaque, structure, urn, photo or other
commemorative item may be left at the site of disposal or anywhere
within the park.
(f) It is strictly prohibited to bring and/or leave any potted plants or dried
flower arrangements, or any plant with seeds which may introduce non-
native or invasive species to the natural environment. It is also strictly
prohibited to plant any flower, tree, shrub or other vegetation in the park.
(g) The dispersal of cremains shall be performed in a discrete manner. Access
to the park and dispersal location shall remain open to the public and shall
not interfere with normal visitor activity in any manner.
(h) The area of dispersal of any cremains shall not be treated as sacred or as
a burial ground or cemetery. Park use, operation, programming, and
development shall continue without regard to the presence of the
cremains.
(7) Dealing with animals.
(a) It is strictly prohibited for any person within a park to kill, wound, hunt,
trap, shoot, throw rocks or missiles at, chase, molest, provoke or remove
any feral mammal, reptile, amphibian or bird, or to remove the young
of any such mammal or the eggs or young of any such reptile,
Ordinance D-2759-25
Page Three of Nine Pages
Docusign Envelope ID: E417DCFC-BFC2-409B-B78F-43DE523333D4
SPONSOR: Councilor(s) Taylor and Snyder
This Ordinance was prepared by Sergey Grechukhin, Transactions Chief, on 1/21/2025 at 11:04 a.m. No subsequent revision to
this Ordinance has been reviewed by Mr. Grechukhin for legal sufficiency or otherwise.
amphibian, or bird, or to knowingly buy, receive, have in possession,
sell or give away any such mammal, reptile, amphibian, bird, or egg so
killed or taken within any park. This does not prohibit the harvesting
for personal use of appropriate amounts of fish by fishing methods
which are continuously attended and monitored and do not exceed the
State of Indiana regulated amounts.
(b) It is strictly prohibited for any person to bring into or possess within
any park a pet or other domesticated animal, unless the pet or other
domesticated animal is:
i. Continuously restrained by a firmly held or attached non-
retractable leash that is of sufficient length, but not longer than six
feet; or
ii. Secured in a fully enclosed confinement container; or
iii. Within a specifically designated and posted “Pet Exercise Area”
or “Dog Park” in compliance with any posted rules at such site;
or
iv. Not designated by an ordinance of the City or Board of
Commissioners of Hamilton County, Indiana, as a dangerous
animal.
(c) Equines are strictly prohibited in any park or greenway unless used by
a law enforcement officer while performing official duties.
(d) It is strictly prohibited for any person within any park to fail to pick up
and properly dispose of the waste of their pet either in an appropriate litter
container in the park or elsewhere. Pet owners must have and use a
container or device for the holding of their pet’s waste while they are in
a park, on a trail or a greenway.
(e) It is strictly prohibited for any person to bring or possess any pet or other
animal inside any park building or other park site that is specifically
designated and posted as a “No Pets” area. This does not prohibit an
individual with a disability from being accompanied by a service animal
that has been individually trained to do work or perform tasks for the
individual in accordance with the Americans with Disabilities Act.
(f) It is strictly prohibited for any person knowingly to cause or direct the
abandonment or unlimited release in any park of any animal except in
accord with a specific permit issued by the Department.
(8) Dealing with vegetation and natural material.
(a) It is strictly prohibited for any person to harvest, collect, dig up, cut, trim,
break, set fire to, disturb, or otherwise damage any vegetation or tree
within any park. It is permissible to harvest ripe fruit, nuts, or mushrooms
in amounts appropriate for immediate consumption or use by the person
or the person’s family, except in areas specifically designated and posted
as “No Harvest” areas.
(b) It is strictly prohibited for any person knowingly to plant, deposit,
cultivate, or place within any park any vegetation or seed thereof,
except in accord with a specific permit issued by the Department.
Ordinance D-2759-25
Page Four of Nine Pages
Docusign Envelope ID: E417DCFC-BFC2-409B-B78F-43DE523333D4
SPONSOR: Councilor(s) Taylor and Snyder
This Ordinance was prepared by Sergey Grechukhin, Transactions Chief, on 1/21/2025 at 11:04 a.m. No subsequent revision to
this Ordinance has been reviewed by Mr. Grechukhin for legal sufficiency or otherwise.
(c) It is strictly prohibited for any person to displace, excavate, carry away,
otherwise remove or modify the arrangement of any soil, sand, gravel,
stone, rock, asphalt, or other ground surface material within any park,
except in accord with a specific permit issued by the Department.
(9) Dealing with solicitation and commercial activities.
(a) It is strictly prohibited for any person within any park to sell, advertise or
promote publicly any services, good or materials, including commercial
products, except in accord with a specific permit or agreement issued by
the Department and in compliance with all applicable local and state laws
and Department policies.
(b) It is strictly prohibited for any person within a park to photograph for
promotion or sale any commercial product or commercial event, except
in accord with a specific permit issued by the Department.
(c) It is strictly prohibited for any person or entity to use any park for the
purpose of generating revenue without a specific permit or agreement
issued by the Department and in compliance with local and state laws and
Department policies.
(10) Dealing with specific activities.
(a) It is strictly prohibited for any person within any park to engage in hang
gliding, rappelling from towers, or any use of the trees, towers or other
structures for technical climbing activities or the placement of swings,
tires, etc.
(b) It is strictly prohibited for any person within any park to pitch or maintain
a tent or other improvised shelter for the purpose of overnight camping,
except in accord with a permit issued by the Department.
(c) It is strictly prohibited for any person to swim in any lake or pond within
any park. Unless posted as a “No Swimming” area, swimming or wading
is permitted in creeks and rivers at your own risk.
(d) It is strictly prohibited for any person to ice skate or ice fish on any lake
or pond within a park, except in accord with a specific permit issued by
the Department.
(e) It is strictly prohibited for any person to use a motorized boat or watercraft
in any lake, pond or creek located within any park except Department
personnel or authorized contractors for the purpose of maintaining the
body of water.
(f) Unless entering from a designated launch site, it is strictly prohibited for
any person to use a non-motorized boat, canoe, kayak, paddle board, or
similar watercraft in any lake, pond or creek within any park except for
an activity of event planned or approved by the Department.
(g) It is strictly prohibited for any person within any park to use or erect such
equipment as booths, air-filled devices, and tethered items such as hot-air
balloons, except in accord with a specific permit issued by the
Department.
Ordinance D-2759-25
Page Five of Nine Pages
Docusign Envelope ID: E417DCFC-BFC2-409B-B78F-43DE523333D4
SPONSOR: Councilor(s) Taylor and Snyder
This Ordinance was prepared by Sergey Grechukhin, Transactions Chief, on 1/21/2025 at 11:04 a.m. No subsequent revision to
this Ordinance has been reviewed by Mr. Grechukhin for legal sufficiency or otherwise.
(h) It is strictly prohibited for any person within any park to erect any sign,
poster or banner, except in accord with a specific permit issued by the
Department.
(i) Except as specifically allowed under applicable federal, state or City law
and/or in accord with a permit issued by the Department, the use or
discharge of any firearm, projectile or other explosive device, including
fireworks, is strictly prohibited in any park.
(j) Except as otherwise specifically authorized in writing by the appropriate
entity, no adjoining property owner, occupant, manager, or person in
actual control of real property adjoining property owned or managed by
the Department may encroach upon park property.
(11) Use of vehicles and bicycles.
(a) It shall be strictly prohibited for any person within any park or greenway
to operate a motorized vehicle as defined in Carmel City Code §6-63,
including but not limited to a golf cart, snowmobile, ORV (Off-Road
Vehicle), ATV (All-Terrain Vehicle), minibike, moped, motorized
scooter or motorcycle off-road except in those areas specifically designed
and/or designated for such use.
(b) It is strictly prohibited for any person within any park to operate any
vehicle within a park boundary at a speed in excess of twenty (20) miles
per hour.
(c) Bicycles shall not exceed the lesser of fifteen (15) miles per hour or the
posted speed limit on all trails within any park or greenway. Racing
activity is strictly prohibited upon any trail designed for bicycle and
pedestrian use. In-line skaters, skateboarders, and bicycles shall yield to
pedestrians. Bicycles shall yield to all trail users.
(d) No person shall operate a bicycle or vehicle, whether motorized or
propelled by human power, within any park or greenway in a reckless
manner that could reasonably endanger or cause injury to another person
or animal.
(e) No person shall cause or permit any vehicle under the person’s control to
obstruct traffic or access to gates or to enter or leave a park except at
established entrances or exits. All vehicles shall be operated on roadways
specifically designated for vehicular traffic.
(f) It is strictly prohibited for any person within any park to park a vehicle in
an area other than a designated parking area. No person shall park a
vehicle in an area designated as “Unloading Only” and leave the same
unattended for a period exceeding ten (10) minutes. No person shall leave
a vehicle overnight in a parking area, except in accord with a specific
permit issued by the Department. No one shall park in a parking space
designated for a person with disabilities without a disability parking
placard or license plate from the Indiana Bureau of Motor Vehicles.
Ordinance D-2759-25
Page Six of Nine Pages
Docusign Envelope ID: E417DCFC-BFC2-409B-B78F-43DE523333D4
SPONSOR: Councilor(s) Taylor and Snyder
This Ordinance was prepared by Sergey Grechukhin, Transactions Chief, on 1/21/2025 at 11:04 a.m. No subsequent revision to
this Ordinance has been reviewed by Mr. Grechukhin for legal sufficiency or otherwise.
(g) Nothing within this section should be construed to prohibit personal
assistive mobility devices as defined by Indiana Code within parks or
greenways. Such devices may be used in compliance with the Americans
with Disabilities Act and all applicable federal, state, and City laws.
(12) Use of drones. The use of unmanned aerial vehicles, also referred to as drones,
are permitted only in open areas of parks with the following conditions:
(a) It is strictly prohibited to fly a drone over an aquatic center, dog park,
greenway, playground, or splash pad without a permit issued by the
Department.
(b) It is strictly prohibited to use a drone to harass an animal or person.
(c) Drone operators must comply with all applicable federal, state, and City
laws and regulations, including Carmel City Code Section 6-69.
(13) Use of park facilities.
(a) It is strictly prohibited for any person within any park to use or occupy
any park shelter or facility while posted as “reserved” for a specific
organized function or group of persons. Such reservations may be subject
to a fee established by the Park Board.
(b) It is strictly prohibited for any person within any park to enter any park
area or facility without payment if the Park Board or Department has
established a fee for entrance, except those employees or guests granted
permission by the Department.
(14) Smoking and use of tobacco products. The use and sale of tobacco products,
including but not limited to smoking and vaping, is strictly prohibited in all parks.
(15) No abusive or lewd conduct. No unlawful, threatening, abusive, profane, lewd
or indecent language, gesture or conduct shall be permitted in or in the vicinity
of any park property, nor shall any person who is lawfully at any such place be
so annoyed or unlawfully touched.
(16) Police and enforcement.
(a) It is strictly prohibited for any person within any park to disobey an order
or interfere with the duty of a law enforcement officer or any park
employee once they have identified themselves.
(b) It is strictly prohibited for any person within any park to disobey or
disregard these Rules of Park Operations or any notices, prohibitions,
instructions, or directions posted on any park sign. This includes, but is
not limited to, the rules and regulations for shelters, pavilions, “No Pet”
areas and “Pet Exercise” areas, playground areas or recreation areas.
(c) Any person who violates any provision of these Rules of Park Operations
shall be guilty of an infraction punishable by a fine not exceeding $100
for a first violation; not exceeding $250 for a second violation within one
Ordinance D-2759-25
Page Seven of Nine Pages
Docusign Envelope ID: E417DCFC-BFC2-409B-B78F-43DE523333D4
SPONSOR: Councilor(s) Taylor and Snyder
This Ordinance was prepared by Sergey Grechukhin, Transactions Chief, on 1/21/2025 at 11:04 a.m. No subsequent revision to
this Ordinance has been reviewed by Mr. Grechukhin for legal sufficiency or otherwise.
(1) year; and not exceeding $500 for each additional violation within one
(1) year. Fines under these Rules of Park Operations shall not apply if the
prohibited conduct is the subject of a criminal proceeding under any
applicable state or federal law or is the basis for revocation of any
conditions of parole or probation.
Section 4. Section 5-4 of the Carmel City Code is hereby amended and shall read as follows:
Ҥ 5-4 Collection of Carmel-Clay Department of Parks and Recreation User Fees.
(a) The Carmel-Clay Board of Parks and Recreation may, as permitted by law, establish user fees
for its programs and services provided.
(b) The Carmel-Clay Department of Parks and Recreation (“Parks Department”) may submit its
delinquent user fee accounts and any unpaid fines levied to the City of Carmel Office of
Corporation Counsel (“Corporation Counsel”) for collection. Submission of same for
collection shall entitle the Parks Department to recover the amount of the delinquent user fees
or fines plus reasonable attorney’s fees, court costs and any other expenses incurred by the
Parks Department and/or the Corporation Counsel in the collection process. An action to
recover delinquent user fees or unpaid fines may be filed in any court of competent jurisdiction.
(c) All monies recovered pursuant to this section shall be first used to reimburse any collection
costs and expenses incurred by Corporation Counsel, and the remainder may be used by the
Parks Department for any lawful purpose.
Signature page to follow
Ordinance D-2759-25
Page Eight of Nine Pages
Docusign Envelope ID: E417DCFC-BFC2-409B-B78F-43DE523333D4
SPONSOR: Councilor(s) Taylor and Snyder
This Ordinance was prepared by Sergey Grechukhin, Transactions Chief, on 1/21/2025 at 11:04 a.m. No subsequent revision to
this Ordinance has been reviewed by Mr. Grechukhin for legal sufficiency or otherwise.
PASSED by the Common Council of the City of Carmel, Indiana, this ____ day of ________, 2025,
by a vote of _____ ayes and _____ nays.
COMMON COUNCIL FOR THE CITY OF CARMEL
___________________________________ ____________________________________
Adam Aasen, President Matthew Snyder, Vice-President
___________________________________ ____________________________________
Jeff Worrell Teresa Ayers
___________________________________ ____________________________________
Shannon Minnaar Anita Joshi
___________________________________ ___________________________________
Ryan Locke Anthony Green
___________________________________
Rich Taylor
ATTEST:
__________________________________
Jacob Quinn, Clerk
Presented by me to the Mayor of the City of Carmel, Indiana this _________ day of
_________________________ 2025, at _______ __.M.
____________________________________
Jacob Quinn, Clerk
Approved by me, Mayor of the City of Carmel, Indiana, this __________ day of
________________________ 2025, at _______ __.M.
____________________________________
Sue Finkam, Mayor
ATTEST:
___________________________________
Jacob Quinn, Clerk
Ordinance D-2759-25
Page Nine of Nine Pages
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February
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