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Home My WebLink AboutD-1883-08 Truck Weight LimitsSPONSOR: Councilor Ronald E. Carter ORDINANCE D-1883=08 AS AMENDED OF THE CARMEL..CITY CODE WHEREAS, lhdiana.law permits the City, by'ordinance,-and within the reasonable exercise of its police powers, to limit the weight -of vehicles travelling on roads and highways within the City's jurisdiction and,control; and WHEREAS. them City, has regulated by, ordinance the Eveight limits of yghicles travelling on certain roads and 'higliwpys located within `its jurisdiction and control; such limitations being; in part, codified and-set.forth,in City Code`Section 8.58 and certain exceptions rtothose limitations being•codified_ and set'forth rin City Code-Section 8-56; qhd WHEREAS, the City'has recently,entered, into. a Memorandum of Agreement with the Indiana Department of Transportation thatrelinquishes and;tr`"ansfers jurisdiction and control of that.portion of the highway currently known as,State Road.43I that,has its southern terminus; at the southern boundary of 96111 Street north and its northern terminus approximately three thtiusaRd four hundred_ (3;400) feet north of136`h Street ("Keystone Avenue") r6m the Indiana,highway system to the .City, and' WHEREAS; Keystone Avenue is located, wholly within the City's, corporate limits and. is,subject tothe 6ty'sjurisdictiomand control; and WHEREAS, the -Common, Council of the City of`CarmeL Indiana, wishes to amend, re-title and restate City Code Section 8-58,to,re-define the weight; limits. permissible on cert'ain ;City streets;, to impose wej& limits on: Keystone Avenue,and.to amend City Code Section 8=56"to conform with these changes to City Code Section 8-58. 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 bythis reference. Section 2. Chapter 8, Article 6; Section 8-58 ofthe Carmei City Codeshould lie and the same is hereby amended; re-titled.and'restated to read as.fotlows: "Section MS.. Additional Weight'Limitations;0n;Certain Roadways. (a) No person shall operate any vehicle having a Gross Vehicle Weight Rating, (GVWR) or a Combined.Gress Vehicle Weight Rating (CGVWR) of 19,501 pounds or more on any of the-following roadways: (1) River Road, from its intersection with; but not including East 146 Street:south to its intersection with, but not including, 116?, Street, Page Onebf hreeoPages This'Ordinance was prepared by Douglas C. Haney, ;Car_mel City`Attorney. Version#2; Varcitl7, 2008 [Z:?E BasNry• D0wmems?08?fNtiNCFSUmendCodes?008 WEHICLE: WF:IGffr fa\SIT t%ryetoncj OR??V h de \VdsM Lam C 10 ?a ?Lli per KIPP -CLEA, d. )117CWB e_5a PM t. SPONSOR: Councilor Ronald E. Carter (2) Carey Road, fmm its'.intersection with; but not`including, East 14616 Streejsouth to its intersection with East Smokey Row Road, 3) Gray Road, from its3intersection, with, bui not including, East-1461h Street south to its -intersection with„but not including, 106" Street. (4) Rohrer Road, from'its intersection with, but,not'Acluding, West'1361h Street north to its intersection with, but not including, 1461, Street. (5) K6ystone°Avenue (formerly S'R.:431) from its:iniersection with, but notlncluding, 961' Street north-to its northern terminus approximately three thousand:fourhundred (3",406) feetnorth of_1361, Street (6) [Reserved]" (b) This 'Section:shall not.applyto those vehicles and under,those circumstances as are set forth:in Section 8- 56, as the same may 6e amended from time to time. (c) This Section shall not apply,to Keystone Avenue during the period of time "in'which the Indiana Department of Transportation's planned'rnajpr reconstruction of US. Route,31 is taking place thereoh;between lh'eintersection_s of 960, Street and 1-465, and the'intersections of 16151 Street and US. 31. (d) Any person who violates this Section' shallbe,subject to a fine of up to FNe Hundred,Do_llars ($500.00) for each such offense:"- Section-3. The Carntel Street Department shall,posr'appropriate'signs and markings on the-above- described public roadways. Section 4. Chapter 8, Article. 6, Section 8-'56',of the Carmel City,Code'shoujd be and tlic,same is hereby amended to include Code Section 8-58 in +its introductory sentence, which shall now, read as follows: "Section 8.56. Sections B-55 and'8-5&shall not apply-to vehicles under the following circum§tances" to revise subsection 8-516. (d); which shall now read as follows: °(d) Vehicles picking up andlor delivering goods, or,performing services to or atany'location abutting or accessed bya City street, provided_that the drivers of same Have in their possession written confirmation ci,the name and telephone number of.an individual who is-authorized and ableao confirm that they are,then engaged in,such pick,,-up , delivery of goods or provision of "senrices?' and to add subsection 18-56(i), which shall read as follows: "(i) Vehicles owned and operated'by,a govemmental,entity'e, Section 5: The remaining,:,provisions .of,Carmei City Code Chapter 8, Article 6, are not affected by this Ordinance and remain4n full force'and effect. Ordinance.No. D-1883-08,.AsrAmended Page -Two of Three Pages This Ordinance was prepared.by Douglas C. Haney; Carmel City"Attorney. Version K, March 17, 2008 X7,1 Bus,MyDocomenn\OnJN AN CESI cndCo canosi\Tin r. wriwR LISVi(kryvono oMVehcle Weight Lim lI3 to-09 DCH ryn KIPh- CLFSndocV 1]120088-.54 PMI SPONSOR: Councilor Ronald E. Carter Section b, All prior ordinances'or parts thereof i`riconsistent`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.Ordinanc& of any other ordinance does not affect any rights or liabilities accrued, penalties' incurred' orproceedings begun prior to the effective date. of this Ordinance. Those rights, liabilities and proceedings are continued.and penalties shall'beimposed and enforced'..under such repealed or amended-ordinance as if this Ordinance had not been.-adopted. Section' 7. if any portion.of this Ordinance is for any reasan deciaied to be uncohstitutional or invalid, such decision shall not affect fife validity of the remaining portions oftliis Ordinance so long as enforcement'of'same can be giverrthe,same_effect. Section. 8. 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. PASSED by the Common Council of the City of Carinei; Indiana, this 4-1 day of Vf?\CU) J2.1, 200.8, by a vote of ayes and 2-- nays. COMMON C C I. FOR THE P s ding Officer o PPOSb Tempore, V-i E. Carter ATTEST: 0PIP o?ET-) W. Eric eidensticker Luei nyder Diana L. Cordray IAMC, Clerk-Tr tree ?/? Presented by:me,to the Mayor of th&sCi_ty of Carmel; Indiana this- IS day of , 2008, at t?'•:a? O'ciock; _E_. M. Diana L. Cordfay, IAMC, Cier' reasurer Approved by mc,,Mayor of the City; of C_aripel, 2008, at a? a-5, O'clock: . M. ATTEST: Indiana, th' 19 day of.. f mes Brainard, Mayor Diana L. Cordray ]AMC, ClerkJreo#er Ordinnace,No. 13-1893-08, As Amend Pagq Three<of Three-Pages This Ordinance was prepared by Douglas aney, Ca me6City Attorney., Version #2; March 17„ 2008 rZlE Idiv My oocomens!OROI\ANC?SWmrrvdCedcC0091VIiFOCtiF. RTiIGHTL1RllT*K,,,.OORMVeh,dc%Vm,hitimi,]-10-08?CH per KIPP'- CLM'doc.JI ]20088 e?1r