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Home My WebLink AboutD-2061-11 Backing into Parking Spaces ProhibitedORDINANCE D- 2061 -11 As Amended AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, ADDING CHAPTER 8, ARTICLE 5, SECTION 8 -51 TO THE CARMEL CITY CODE AND AMENDING CHAPTER 8, ARTICLE 5, SECTION 8 -45(c) OF THE CARMEL CITY CODE WHEREAS, Indiana Code 36-9-11-3 authorizes the City to acquire, establish, maintain, operate and regulate municipal vehicle parking facilities; and WHEREAS, it is in the public interest to regulate the parking of motor vehicles in municipal parking facilities by prohibiting the unsafe and time consuming practice of "backing into" parking spaces. NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of Carmel, Indiana, as follows: Section 1. The foregoing Recitals are incorporated herein by this reference. "Sec. 8 -51 Backing Into Parking Spaces Prohibited. SPONSOR: Councilor Sharp Section 2. That Chapter 8, Article 5, Section 8 -51 should be and the same is hereby added to Carmel City Code and shall read as follows: a. No person using the Center for the Performing Arts Self -Park Garage located just south of the Studio Theater and accessed from 3rd Avenue S.W. may reverse angle park any motor vehicle therein, a practice commonly known as "backing into" a parking stall. Any violation of this Section shall be treated the same as improper parking in handicapped parking space violations are treated under and pursuant to the City Code. b. The Carmel Street Department shall post or cause to be posted appropriate signs or markings stating "Backing Into Parking Stalls Prohibited: Violators Will Be Prosecuted" or comparable language in the parking facility subject to this Section. §8 -52 through 8 -54 Reserved for future use." Section 3. The remaining provisions of Carmel City Code Chapter 8, Article 5, shall remain in full force and effect. Page One of Three Pages Amended Version A This Ordinance was amended by Douglas C. Haney, Carmel City Attorney, on 11/1/11 at 4:14 P.M. No subsequent revision to this Ordinance has been reviewed by Mr. Haney for legal sufficiency or otherwise. Z:IE Bass\My DocumenLsIORDINANCESWAmendCode12011 )CLEAN AMENDED 2- 2061 -11, LAWS, ADD Sec 8 -51 BACKING park space AMEND 8 -45(c) 11- 16- 11.doc11(1612011 2 :58 PM SPONSOR: Councilor Sharp Section 4. That Chapter 8, Article 5, Section 8 -45(c) of the Carmel. City Code shall be and the same is hereby modified to read as follows: "Sec. 845(c) Any police officer who observes the violation of any provision of Chapter 8, Article 5 of the City Code shall attach to the offending vehicle a notice to the owner /operator thereof that such vehicle has been parked in violation of same and advising that such person may, within seven days from the date of such notice, pay to the Carmel City Court, as a fine for and in full satisfaction of such violation, the sum of Ten Dollars ($10.00), except that, in the case of a vehicle that is unlawfully parked in a properly marked handicapped parking space, or that has been backed into a parking space in violation of Section 8 -50 of the City Code, such fine shall be in the sum of Fifty Dollars ($50.00). Upon the failure of the owner /operator to make such payment within the seven -day period, the original parking fine shall increase from Ten Dollars ($10.00) to Twenty Dollars ($20.00) or from Fifty Dollars ($50.00) to Seventy Dollars ($70.00), as applicable. If this enhanced parking fine is not paid in full, through the City Court's violations bureau, on or before the date and time set forth on the parking ticket for the City Court hearing on the parking violation, the owner /operator who has been issued said ticket shall be required to appear before the City Court and be subject to the general penalties provided for violations of the provisions of Article 5 of this Chapter. Nothing contained in this subsection shall limit the City's right to also tow and impound any vehicle found to be parked in violation of any provision of Article 5 of this Chapter, the costs of such towing and impoundment to be paid by the vehicle owner in addition to the payment of any fine assessed hereunder. Section 5. The remaining provisions of Carmel City Code Chapter 8, Article 5, Section 8 -45 shall remain in full force and effect. Section 6. 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 7. 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 8. This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor. Ordinance D- 2061 -11, Amended Version A Page Two of Three Pages This Ordinance was amended by Douglas C. Haney, Carmel City Attorney, on 11/1/11 at 4:14 P.M. No subsequent revision to this Ordinance has been reviewed by Mr. Haney for legal sufficiency or otherwise. Z:IE Bass1My Documents 1ORDINANCES LAmendCode120111CLEAN AMENDED D- 2061 -11, LAWS, ADD Sec 8 -51 BACKING park space AMEND B -45(c) 11- 16- 11.doc1111612011 2:58 PM PASSED by the Common Council of the City of Carmel, Indiana, this 3+- day of Noue rat. r 2011, by a vote of '7 ayes and a nays. W. Eric Seid sticker, President n V. Accetturo onald E. Carter ATTE COMMON COUNCIL FOR THE CITY OF CARMEL Diana L. Cordray, IAMC, Cler Diana L. Cordray, IAMC, Clerk- re surer easurer Ordinance D 1, Amended Version A Page Three of Three Pages evin Rider Richard Sharp ICI S er SPONSOR: Councilor Sharp Presented by me to the Mayor of the City of Carmel, Indiana this day of 1 C) e r IDer 2011, at $:12 Q Q .M. Diana L. Cordray, IAMC, Clerk asurer Approved by me, Mayor of the City of Carmel, Indiana, this o11 of lN\ t 2011, at M. rainard, Mayor This Ordinance was amended by Douglas C. Haney, Carmel City Attorney, on 11/1/11 at 4.•14 P.M. No subsequent revision to this Ordinance has been reviewed by Mr. Haney for legal sufficiency or otherwise. Z:1E Bass' My Documen1s1ORDINANCES1AmendCode12011 \CLEAN AMENDED 0- 2061 -11, LAW'S, ADD Sec 8 -51 BACKING park space AMEND 8 -45(c) 11- 16- 11.doc11/16/2011 2:58 PM