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HomeMy WebLinkAboutD-1918-08 Snow Removal /FinesSPONSOR: Councilor(s) Snyder and Seidensticker ORDINANCE D-1918-08 (AS AMENDED) AN ORDINANCE OF THE COMMON COUNCIL OF TIIE CITY OF CARMEL, INDIANA, AMENDING CHAPTER 6, ARTICLE 4, SECTION 6-52 OF TI1E CARMEL CITY CODE WHEREAS, the City has the authority and obligation to regulate conduct and conditions that may endanger the health, safety and welfare of its citizens; and WHEREAS, accumulated snow and ice on sidewalks of real estate used for business purposes within the City of Carmel can create a safety hazard and can otherwise endanger the comfort, health, repose and safety of the public; and WIIEREAS, the. Common Council now desires to amend the City Code regarding the removal of accumulated snow and ice from sidewalks and the fine schedule for noncompliance. NOW, THEREFORE, 11' 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. Chapter 6, Article 4, Section 6-52 should be and the same is hereby amended to read as follows: 16.52 Snow And Ice Removal From Sidewalks Required. (a) The owner(s) of real estate. located within the City's corporate limits and used for business purposes, and all business tenant(s) occupying said real estate, are jointly and severably responsible for the removal from all sidewalks abutting such real estate, by 12:00 noon of any day, all snow and/or ice thathas accumulated on said sidewalks within the previous twenty-four (24) hour period, provided that such removal is not required on any Sunday or legal holiday during which no business enterprise located on said real estate is open to the public. (b) Any person violating the provisions of this Section shall be subject to a written warning for the first such offense within any rolling 365-day period; to a fine of One Hundred Fifty Dollars ($150.00), plus costs, for the second such offense within any rolling 365-day period; and, to a fine not to exceed Five Hundred Dollars ($500.00), plus costs, for the third and each subsequent such offense within any rolling 365-day period." Section 3. The remaining provisions of City Code Section 6-52 shall remain in full force and effect and are not affected by this Ordinance. 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 All prior, ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed, to the extent of such inconsistency only,.as of the effective date of this Ordinance. However, the repeal or amendment by this Ordinance of any other ordinance does not affect any rights or liabilities accrued, penalties incurred 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. Page One of Two Pages This Ordinance was prepared by Douglas C. Haney, Carmel City Attorney. Amended Version A 10-20.08 RTea+wr?a++??'+w+cfsw"ecmuoaewme s 6 ss+w MM&-.? a<.*1v 2mM SPONSOR: Councilor(s) Snyder and Scidensticker Section S. If:any, potion of this Ordinance'is`for any reason-declared to'be unconstitutional or invalid, such decision shall not'affect Ih_ e validity of.the remaining portions of this Ordinance soJoh as enforcement of same can be:giventhe same effect. Section b. This Ordinance shalII.be in -Full farce and effect-&oni and after,iis passage and signing by the ]Mayor and such: ptiblication -as is;re6uire_d-by law. ? e?bPY PASSED by the Common Council ofthe City of Carmc1, Indiana, this z2 04 day of 2008; bya vote .ofayes and ,Z nays: COUNCIL:FOXTHE CITY OF CARMEL, INDIANA D V.; Accetturo (D Pe OaE_1). Ronald E. Carter A Diana L. Clerk- Kevin Rider (VoT' P4? c-.s?? I W. Eric Seidcnsticker u yder L/ 54-- -? a _. Presented by_,me to the Mayor of(he City of Carmel, Indiana, this a i day of.Oc 1S 2008, at 10: 5'1 O'clock, g.M. f,} -- Diana L. ICo?rdray„iAMC, Clerk= r asurer Approved by:me; Mayor of„the City of Carmel, Indiana, thisola? day of CIQAJ. ?_ , 2008, at !O:'a'-?- O'clock, -.M. ATTEST: Diana L. Cordray,IAMC, Jerk-Trea"su er ordinance'D-1.918-OS„As Amended. Page, Two of Two Pages 1 la s Bramard, Mayor This Ordinance was prepared ;by Douglas,C. Haney; Carmel_ CityAttarney, Amended Version A 10-20-08; R?auauq wcn,emariarv'iaNCfsanrsomumew eSec usT SN VNlLM WPL GLEAN muiPns20aB?0t PM1.