HomeMy WebLinkAbout201269 09/13/2011 CITY OF CARMEL, INDIANA VENDOR: 00350498 Page 1 of 1
ONE CIVIC SQUARE INDIANAPOLIS NEWSPAPERS, INC
CARMEL, INDIANA 46032 307 N. PENNSYLVANIA STREET CHECK AMOUNT: $491.31
PO BOX 145 CHECK NUMBER: 201269
INDIANAPOLIS IN 46206 -0145
CHECK DATE: 9/13/2011
DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBE AMOUNT DESCRIPTION
1701 4345500 491.31 PUBLICATION OF LEGAL
Prescribed by State Board of Accounts 900549 5853867 General Form No. 99P (Rev. 2009A)
FederalID# 35- 2061385
CITY OF CARMEL- TOPICS LEGALS To: NOBLESVILLE STAR
INDIANAPOLIS NEWSPAPERS
307 N PENNSYLVANIA ST PO BOX 145
COUNTY, INDIANA INDIANAPOLIS, IN 46206 -014
PUBLISHER'S CLAIM
L INE CO UNT
NOTICE TOTAXPAYERS OF FINES DPENALTY neither of which shall
ORDINANCE D- 204411
CHAPTER 6, ARTICLE 5, DIVISION Vlll, SECTION 6.163 NON CONSENSUAL 1h ICh the body f the
TOWING FROM PRIVATE PROPERTY Y
ADOPTED BY THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA nos
Notice is hereby given to the taxpayers of the City of Carmel, Indiana, Hamilton County, that the proper legal
officers of the City of Carmel at their regular meeting on July 18, 2011, did approve passage of Ordinance D-
2044.11, as shown below, which shall be in full force and effect upon
Publication as is required by law.
SPONSORS: Councilors Seidensticker and Sharp
ORDINANCE D- 204411
AN ORDINANCE OF THE C OMMON COUNCIL OF THE CITY OF CARMEL. INDIANA, ADDING CHAPTER 6, ARTICLE i
5, DIVISION VIII, SECTION 6 -163
TO THE CARMEL CITY CODE
WHEREAS, the City of Carmel, Indiana "City"), has a significant government interest in protecting the
health, safety and welfare of its motoring public, and in preserving public order; and
WHEREAS, Indiana Code Sections 36 -8 -2 -2 and 36 -8 -2 -4 authorize the City to preserve public order and to
regulate conduct that may endanger public health, safety or welfare; and
WHEREAS, the City has now become aware of certain predatory and other harmful conduct relating to the
non-consensual towing of motor vehicles from private parking lots located within the City's corporate limits,
which conduct has resulted in the public being exposed to harm; and ✓alent lines at .446
WHEREAS, the Common Council desires to minimize and control the harmful conduct that may occur dur
'ing the non consensual towing of motor vehicles, beyond and in addition to the towing limitations provided 328.26
by state law, through the addition of Chapter 6, Article 5, Division VIII. Section 6.163 to the Carmel City Code.
NOW, THEREFORE, BE Ir ORDAINED, by the Common Council of the City of Carmel, Indiana as follows: i a n ure work (50 per cent
Section J. The foregoing Recitals are incorporated herein by this reference.
Section 2. Chapter Article 5, Division VIII, Section 6 -163 should be and the same is hereby added to and
mart of the Carmel City Code and shall read as follows: :aCh p roof in excess o f two .00
"Sec. 6-163. Non Consensual Towing From Private Property, p
(a) Definitions. S 32826
(1) "Motor Vehicle" means a "motor vehicle" as defined in Indiana Code 9.13.2.105(a).
(2) "Private Parking Lot" means any parking lot or area owned by a private entity that provides park-
ing spaces for a fee or that requires the permission of the owner or authorized agent of the owner of
the parking lot or area before a person may park at that location.
(3) "Tow," or "Towed," or "Towing" means to haul, carry, pull along, or otherwise transport or remove
a Motor Vehicle by means of another vehicle.
(4) 'Towing Service" means any person or other entity, whether licensed'or not, that engages in, or
who owns or operates a business which engages in, the Towing of Motor Vehicles for compensation.
(5) "Trespass Tow" means the Towing of a Motor Vehicle parked in a Private Parking Lot without the
consent of the Motor Vehicle's owner or operator
(6) "Wheel Lock" means a boot, wheel lock or any other device that is attached to a Motor Vehicle and
designed to immobilize it.
(7) "Storage Facility" means any location at which a Towed Motor Vehicle is stored pending retrieval
by the Motor Vehicle's owner or operator.
(b) Compliance with Section; Violations. I -10 -1, 1 hereby certify that the foregoing account is
(1) No Towing Service shall conduct a Trespass Tow of a Motor Vehicle from a Private Parking Lot,
when the point of origin of the Tow is within the City's jurisdictional limits, without fully complying after al lowing al I just credits, and that no part of the same
with the provisions of this Section.
(2) Any violation of this Section shall subject the violator to a fine of Five Hundred Dollars ($500.00) for
subsequent wi for ea h
offense within Y calenda
e samecalendar year. Each MotorVe a Dollars
TO edor stored in violation of
this Section shall constitute a separate offense.
(c) Towing Signs Required.
(1) It shall be unlawful to Tow any Motor Vehicle that is parked in a Private Parking Lot without the o Is a true Copy of the same column width and type size,
permission of the owner or operator of the Motor Vehicle unless notice is posted in accordance with dates of publication be mg between the dates of:
the provisions of this Section in the Private Parking Lot from which the Towing occurs. Such notice
shall meet all of the following requirements:
A. The notice shall be in the form of a sign not less than twenty-four inches by twenty4our inches
(24 "x 24 in size and constructed of metal, plastic or another type of material that is weather re
sistant and enduring in nature.
B. The notice shall be prominently posted in the Private Parking Lot at each access or curb cut
allowing Motor Vehicles access to the property. In the alternative, a sign not less than twelve
inches by twelve inches (12" x 12 in size may be posted at each parking space from which a
Motor Vehicle could be Towed. ;OITeCt:
C. The notice shall clearly display the following:
(i) In not less than one and one -half inch high letters on a contrasting background, the words
"tow -away -zone" or "towing enforced" and
(ii) In not less than one inch high letters and numbers on a contrasting background, a statement
that public parking is never authorized in the Private Parking Lot by stating "private property
no parking at any time," or where parking is permitted under limited circumstances, by stating p osted on the same da as It was ublished in
"parking for [name] customers only," parking for [name] residents only," or a similar phrase that p y p
specifically identifies the conditions under which a Motor Vehicle may park in the Private Park
mg Lot, or if parking is not prohibited on a 24 -hours continuous basis, a statement identifying the
days of the week and the hours of the day during which unauthorized parking is prohibited, and
(iii) In not less than one inch (1 letters and numbers on a contrasting background, the name iroblem or error, public notice was posted on
and address of both the Towing Service and the Storage Facility where the Motor Vehicle will tie
Towed and the total itemized cost for the Tow and storage of the Motor Vehicle. I lC notice.
D. Each sign displaying the above required notices shall be permanently installed with the bottom
of the sign not less than four (4) feet above ground level and not more than eight (8) feet above
ground level. f
E. No Towing Service owner, employee, or agent may intentionally obstruct or deface any sign r e
quired by this Section. i
(d) Wheel Lock Prohibited.
It shall a unlawful to place a Wheel Lock on a Motor Vehicle for the purpose of keeping it immobilized 1
until shall can Towed from a Private Parking Lot. v
(e) Release Before Towing.'
Any Tow Service that has initiated a Trespass Tow but that has not yet completely removed the Motor
Vehicle from the Private Parking Lot, shall, upon the request of the Motor Vehicle owner or operator,
immediately release the Motor Vehicle to said
(f) Retrieval of Personal Property. owner or operator without charge.
Any Tow Service that has engaged in the Trespass Tow of a Motor Vehicle shall, once the Motor Vehi- a
cle is placed in a Storage Facility, and upon request of the owner or operator of the Motor Vehicle, per- r Title: Clerk
mit the owner or operator access to the Motor Vehicle in the Storage Facility for the purpose of re- .i
trieving personal property from it at no charge and within Thirty (30) minutes of such request.
(g) Payment of Towing and Storage Fees. i
Any Towing Service that engages in the Trespass Tow of a Motor Vehicle from a Private Parking
Lot shall accept U. S. currency and at least two (2) major credit and debit cards for any and all Towing j
and storage fees and charges associate therewith.
(h) Twenty-Four Hour Motor Vehicle Retrieval Required.
An Towing Service that engages in a Trespass Tow from a Private Parking Lot shall have a person on
call twenty-four (24) hours every day of the year who will acknowledge a request to retrieve a Towed
Motor Vehicle within thirty (30) minutes of such request and who shall, upon request, make a Motor
Vehicle available to its owner or operator for retrieval within sixty (60) minutes of the time of such request
(i) Location of Storage Facility.
Any Storage Facility at which a Motor Vehicle subject to a Trespass Tow is stored shall be located
within the City or within fifteen (15) miles of the City's corporate limits.
(j) Authorization to Trespass Tow Required.
No Towing Service shall remove a Motor Vehicle from a Private Parking Lot by Trespass Tow unless the r
owner or authorized agent of the owner of the Private Parking. Lot contemporaneously signs a specific
t written authorization for such removal and presents the same to the driver of the Towing Service. This
written authorization form shall contain all of the following-
(1) A written statement describing the reason for the Tow,
(2) The make, model, year, color, vehicle identification number (VIN) and license plate number of the
Motor Vehicle to be Towed,
(3) The address of the Private Parking Lot from which the Motor Vehicle is to be Towed,
(4) A written statement indicating the time and date of the Trespass Tow authorization,
(5) The full name and title of the person authorizing the Trespass Tow,
(6) An acknowledgement by the person authorizing the Tow that he or she is the owner or authorized e
`y agent O1 the Owner 01 the Private Parking Lot and that the owner of the Private Parking Lot shall
s be liable for any damages that may be awarded to the owner of the Motor vehicle it d Is Towed un
Prescribed by State Board of Accounts 80202 5848493 General Form No. 99P (Rev. 2009A)
Federal 35- 2061385
CITY OF CARMEL -STAR LEGALS To: INDIANAPOLIS NEWSPAPERS
307 N PENNSYLVANIA ST PO BOX 145
COUNTY, INDIANA INDIANAPOLIS, IN 46206 -0145
PUBLISHER'S CLAIM
LINE COUNT
_Dismay_ Vint -!r (Must not exceed two actual lines, neither of which shall
NOTICE TO BIDDERS �4
.Ci tyofca rmel Indwna t ;i �'te than four solid lines of the type in which the body of the
NOtice s hereby ggiyeri•.that the'Boar d of.PUb
+lic Works and Safety.for the City of Carmel, ent is set). number of equivalent lines
I Hamilton County Indiana City willnre
i,ceive sealed; Bids for'the "City's'Auman•and.'r of lines
Newark Neighborhood Imgrov ents- Phase j
2 Project" at the office of the Clerk- Tteas >r of lines
City Nall, One Civic Square, Carmel, tndiana
i until 1o: a.m. (local tlme) on SeptemberT,�• of lines
2011, at which time the timely received Bids
will be publicly opened and readttyyaloud at theJ' er of lines in notice
r, of Boa
he Counc I Any reeeived
later than the above- time will be returned
unopened.
DESCRIPTION OF WORK: This is to be a unit
price bid project and i_nvolvec *h -istruc
_of_wn rds of OF CHARGES
rcrete
crete2.0 columns wide equals 238.0 equivalent lines at .685
u
[tup.todes1 me S 163.05
6menti
ra g
'ding
for notices containing rule and figure work (50 per cent
ent,
amount)
jen is
la -;tra proofs of publication (S 1.00 for each proof in excess of two) .00
Car-
W�i',MOUNT OF CLAIM S 163.05
.y be,
)U
)n�l9jUTING COST
E)u 1 ent.of•
I in column 5_8 ems Size of type 7
r
P J rtions 2.0
exe' -i
tract
mied
io. 96
(5ulci e t-
(uana t��: provisions and penalties of IC 5 -1 1 -10 -1, I hereby certify that the foregoing account is
i6S due u�'M P no pu� ARK the amount claimed is le-ally due, after allowing all just credits, and that no part of the same
ow
L r as aa�ua u
o
u'M 01 it the printed matter attached hereto is a true copy, of the same column width and type size,
r fished in said paper 2 times. The dates of publication being between the dates of:
•x/2011
ement checked below is true and correct:
Newspaper does not have a Web site.
7 Newspaper has a Web site and this public notice was posted on the same day as it was published in
the newspaper
Newspaper has a Web site, but due to a technical problem or error, public notice was posted on
Newspaper has a Web site but refuses to post the public notice.
DATE: 08/25/2011 Title: Clerk
Prescribed by State Board of Accounts ACCOUNTS PAYABLE VOUCHER City Form No. 207 (Rev. 1995)
CITY OF CARMEL
An invoice or bill to be properly itemized must show: kind of service, where performed, dates service rendered, by
whom, rates per day, number of hours, rate per hour, number of units, price per unit, etc.
Payee
ee �I r
Vt��7 6 Purchase Order No.
Terms
Date Due
Invoice Invoice Description Amount
Date Number (or note attached invoice(s) or bill(s))
ll l G�
Total
I hereby certify that the attached invoice(s), or bill(s), is (are) true and correct and I have audited same in accordance
with IC 5- 11- 10 -1.6.
20
Clerk- Treasurer
VOUCHER NO. WARRANT NO.
LIT-1 o Io 1'r� ALLOWED 20
I IN SUM OF
ON ACCOUNT OF APPROPRIATION FOR
Board Members
PO# or INVOICE NO. ACCT #!TITLE AMOUNT
DEPT. I hereby certify that the attached invoice(s), or
bill(s) is (are) true and correct and that the
materials or services itemized thereon for
which charge is made were ordered and
received except
L�
t
n
20
Signature
Title
Cost distribution ledger classification if
claim paid motor vehicle highway fund