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Home My WebLink AboutD-1854-07 Traffic/Parking Fines SPONSOR: Councilor Richard L. Sharp ORDINANCE D-1854-07 AS AMENDED AN ORDINANCE OF TliE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, AMENDING CERTAIN FINE PROVISIONS OF THE CITY CODE REGARDING TRAFFIC AND PARKING VIOLATIONS WHEREAS, Indiana Code 36-I-3-8(a)(10)(B) allows for the imposition ofa fine. amount not to exceed Two Thousand Five.Hundred Dollars (52,500.00) for the violation of a City ordinance regulating traffic and/or parking; and WHEREAS, the Common Council now desires to amend certain Cily traffic and/or parking laws so as to enable the City Court Judge to exercise greater. discretion in the amount of the fines. imposed for such violations. NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of Camlel, Indiana, as follows: Section'l. The foregoing Recitals are fully incorporated herein by this reference. Section 2. Chapter 8, Article 3, Sections8-18(c). 8-19(c), 8-20(c), 8-21(c), 8-22(c), 8-23(c),8- 24(c), and Chapter 8, Article 7, Sections 8_90 and 8-91 of the Carmel City Code should be and the same arc hereby amended to read, in pertinent part, as follows: a. Section 8-18(c)ishereby amended to read as follows: "Any person who operates a motor vehicle in violation of this Section shall, upon conviction thereof, be fined in an amount not to exceed Two Thousand Five Hundred Dollars ($2,500.00)", and b. Section 8-19(c) is hereby. amended to read as follows: "Any person who operates a motor vehicle in violation of thisSeetion shall, upon conviction thereof, be fined in an amount not to exceed Two Thousand Five Hundred Dollars ($2,500.00)", and c. Section 8-20(c) is hereby amended to read as follo\vs: "Any' person who operates a motor vehicle in violation of this Section shall,upon conviction ttiE!reof, be fined.in an amount not to exceed Two Thousand Five Hundred Dollars ($2,500.00)", and Page One of Four Pages -- VERSION A 09-17/07 The initial draft of this document was prepared by Douglas C. Haney, Carmel City Attorney, on July 6, 2007. Any changes ihereafter made to this document are the soie responsibility of the document sponsor. SPONSOR: Councilor Richard L Sharp d. Section 8-21(c)'is hereby amended to read as follows: "Any person who operates a motor vehicle in violation of this Section shall, upon conviction thereof, be fined in an amount not to exceed Two Thousand.Five Hundred Dollars ($2,500.00)", and e. Section 8-22(c) is hereby amended to read as follo\\:s: "Any person who operates a motor vehicle in violation of this Section shall, upon conviction thereof, be fined in an amount not to exceed Two Thousand Five Hundred Dollars ($2,500.00)", and f. Section 8-23(c) is, hereby amended to read as follows: "Any person .who operates a motor vehicle in violation ofthis Section shall, upon conviction thereof, be finedin an amount not to exceed TwoThousand Five Hundreq Dollars ($2,500.00)" and, g. Section 8-24(c) js hereby amended to read as follows: "Any person who operates,a motor. vehicle in violation of this Section shall; upon conviction thereof, be fined in an amount not to exceed Two Thousand Five Hundred Dollars ($2,500.00)." h. Section 8-90 is hereby amended to read as.follows: ''The penalty for any violation of the State law provisions adopted by reference by Code Section 8-2 shall not exceed Two Thousand Five Hundred Dollars ($2,500.00)" and, i. Section 8-91 is hereby,amended to read as follows: ''The penalty for each separate violation of any provision of Code Sections 8-3 through 8-24, inclusive, Sections 8-26 through 8-33, inclusive, Sections 8-35 through 8-39, inclusive, Sections 8'41 through 8-44, inclusive, Sections 8'55 through 8-58, inclusive, and Sections 8-60 through 8-68, inclusive, shall not exceed Two Thousand Five Hundred Dollars ($2,500.00). The penalty for each separate violation of any provision of Code Sections 8-59 through 8-61, inclusive, and for Sections 8- 71th rough 8-89, inclusive, shall also not exceed Two Thousand Five Hundred Dollars ($2,500.00), subject to the specific fine structures, if any, set forth therein. Section 3. All other cun-ent provisions of City Code Sections 8-18 through 8-24, inclusive, shall remain in full force and effect and are not affected by this Ordinance. Ordinance No. D-1854-07, As Amended Page Two of Four Pages VERSION A 09-17/07 The.initial draft of this document was prepared by Douglas C. Haney, Carmel City Attomey, on July 6,2007. Any changes thereafter made to this document are the sole responsibility of the document sponsor. SPONSOR: Councilor Richard L Sharp Secti0114. 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. However, the repeal or amendment by this Ordinance of any other ordinance does not affect any rights or liabilities accrued, penalties inculTed 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 unconstitutional or invalid, 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 ftill force and effect from and after its passage and signing by the Mayor and such publication as is required by law. PASSED ~J-4A by the Common Council of the City 2007, by a vote of 7 ayes and of Cam1el, Indiana, this ,,+1... day of C nays, COMMON COUNCIL FOR THE CITY OF CARMEL. INDIANA .L/'2 '-I Pre~ng Officer Diana 1. Cordray, IAMC, Clerk-Treast ATTEST: Ordinance No, 0.1854.07. As Amended Page Three of Four Pages VERSION A 09.17/07 The initial draft of this document was prepared by Douglas C. Haney, Carmel City Attorney, on July 6. 2007. Any changes thereafter made to this document are the sole responsibility of the docum'ant sponsor. SPONSOR: Councilor Richard L. Sharp ) Prese.nted by meet? the ~ayor of the City of Carmel, Indiana, this ig~ay of ~~ _007, at 10. ;:),3 0 clock, f.l--. M. ~.' Diana L. Cordray, IAMC, Clerk- Approved by me, Mayor of the City of Carmel, Indiana, this I Of t"" day o~ ~ 2007, at IO~ .;;l.S O'clock, L. M. L/[ I~ ~ Ja~s Brainard, Mayor ATTEST: ~ Diana L. Cordray, IAMC, Clerk-Treasure Ordinance No. D-1854-07, As Amended Page Four of Four Pages VERSION A 09-17107 The initial draft of this document was prepared by Douglas C. Haney, Carmel City Attomey, on July 6,2007. Any changes thereafter made to this document are the sole responsibility of the document sponsor.