Loading...
HomeMy WebLinkAboutD-2021-10 FAILED Posting/Placement Signs in Public Right of WayORDINANCE D- 2021 -10 SPONSOR: Councilor Griffiths AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, IN 1 ANA, AMENDING SUBSECTION (b) AND ADDING SUBSECTION (d) TO CHAPTER 6, TICLE 4 SECTION 6 -54 OF THE CARMEL CITY CODE WHEREAS, Carmel City Code Section 6 -54 currently prohibits e �p� cement of signs, announcements and notices in the public right of way; and WHEREAS, the Common Council now desires to permit the sam tab slaced in the public right of way subject to certain content neutral time, place and manner restrict )q .nd to increase the fines for the improper placement of same. NOW, THEREFORE, BE IT ORDAINED, by the C Indiana, as follows: mon council of the City of Carmel, Section 1. The foregoing Recitals are incorporate y this reference. Section 2. Subsection (b) of Section 6 -54 of (Sar��e Code should be and the same is hereby "(b) Any person who violates this s tia sh be subject to a fine of Fifty Dollars ($50.00) for each offense, each offending sign; adv ent or notice constituting a separate offense." amended and shall now read as follows: Section 3. Subsection (d) sh ild/be act. the same is hereby added to Section 6 -54 of the Carmel City Code and shall read as follows: "(d) Notwithstanding the abov-, otherwise lawful signs, advertisements, and notices may be placed in those public right -o' -ways that exist along City streets only, subject to all of the following conditions: i. No sign, act ertisement, or notice shall be placed in the median between divided streets. ii. No m ore than one (1) sign, advertisement, or notice shall be attached to the same fra e or stake. iii. o sign, advertisement, or notice may exceed two (2) feet in width or two (2) feet in height, or have a total surface area of over four (4) square feet. iv. No sign, advertisement, or notice shall exceed at its highest point, including any attached frame or stake, over three (3) feet from the ground. Pa _e One of Three Pages his Ordinance prepared by Douglas C. Haney, Carmel City Attorney. [LIE Bass1My Documents \ORDINANCES1AmendCode120111D 2021 -10 FROM COMMITTEE 3 -14-11 Amd Subsec (b)to Chp 6 Art 4 Sec 6-54 (2).doc:3115l2011 12:05 PM) Ordinance D- 2021 -10 Page Two of Three Pages SPONSOR: Councilor Griffiths v. No sign, advertisement, or notice may be illuminated, contain moving, blinking, pulsing or changing components, balloons, streamers or other windblown attachments, or have the shape or appearance of an official traffic or informational sign, signal or marking. vi. No sign, advertisement, or notice may be attached to any tree, official traffic sign or any other support not dedicated solely to said sign, advertisement or notice. vii. No frame or stake supporting a sign, advertisement or notice shall be over two (2) inches thick at its thickest point, or be made out of other than wood, metal or plastic. viii. No sign, advertisement, or notice may be placed so that any portion of same, or of the frame or any stake supporting same, is located within two (2) feet of the nearest edge of any City street or sidewalk. ix. No sign, advertisement, or notice may be placed so as to obstruct either motorist or pedestrian line of sight. x. No sign, advertisement, or notice may be placed on any public right of -way pursuant to this subsection except during the time period beginning at 5:01 p.m. local time on Friday and ending at 4:59 p.m. local time on Sunday. Any sign, advertisement, or notice that is located in any public right -of -way at any time during the time period beginning at 5:00 p.m. local time on any Sunday and ending at 5:00 p.m. local time on any Friday shall be in violation of this section and shall be subject to immediate confiscation, in addition to any other penalties provided by law." Section 4. All other current provisions of City Code Sections 6 -54 shall remain in full force and effect and are not affected by this Ordinance. Section 5. 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. Section 6. 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 7. This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor. This Ordinance prepared by Douglas C. Haney, Carmel City Attorney. RAE Bass\My Documents \ORDINANCES1AmendCode1201110 2021 -10 FROM COMMITTEE 3 -14 -11 Amd Subsec (b)to Chp 6 Art 4 Sec 6-54 (2).doc:3/15/2011 12:05 PM) cA, Le D S ,t .1 by the Common Council of the City of Carmel, Indiana, this cv 1 day of rl \othc 2011, by a vote of 0 ayes and (.0 nays. Presiding Officer PPO SE D W. Eric Seidensticker, President Pro Tempore O P POscj) John V. Accetturo Ronald E. Carter ATTE Diana L. Cordray, IAMC, Clerk- Presented by me to the Mayor of the City of Carmel, Indiana this 2011, at .M. Approved by me, Mayor of the City of Carmel, Indiana, this 2011, at .M. ATTEST: asurer Diana L. Cordray, IAMC, Clerk Treasurer COMMON COUNCIL FOR THE CITY OF CARMEL ©PQDseD Joseph C. Griffiths PeD ED Kevin Rider Richard L. Sharp Luci Snyder James Brainard, Mayor Ordinance D- 2021 -10 Page Three of Three Pages This Ordinance prepared by Douglas C. Haney, Carmel City Attorney. [1:1E Bass/My Documents \ORDINANCESIAmendCode120111D 2021 -10 FROM COMMITTEE 3 -14-11 Amd Subsec (b)to Chp 6 Art 4 Sec 6-54 (2).doc:3/15/2011 12:05 PM] SPONSOR: Councilor Griffiths Q�1 O 1 PQ..cs w✓ N 1 o PP0SE.D Diana L. Cordray, IAMC, Clerk r•asurer day of day of