HomeMy WebLinkAboutD-2085-12 Use of Certain Motorized Conveyances Prohibited (As Amended)ORDINANCE D- 2085 -12
(As Amended)
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA,
REGULATING THE USE OF MOTOR VEHICLES ON CITY SIDEWALKS, MULTI -USE PATHS,
AND BICYCLE LANES THROUGH THE AMENDMENT OF CITY CODE CHAPTER 6,
ARTICLE 4, SECTIONS 6 -63 AND 6 -72 AND THE REPEAL OF
CITY CODE CHAPTER 8, ARTICLE 3, SECTION 8 -40
WHEREAS, the City regulates the operation of motorized vehicles on City sidewalks, multi -use
paths, and bicycle lanes; and
WHEREAS, the City Code has, over the years, come to contain several sections regulating these
public pathways; and
WHEREAS, it is now prudent to revise or repeal these various Code Sections and to re -state the
City's regulation of motorized vehicle use on public pathways in an omnibus ordinance to be codified as
City Code Chapter 6, Article 4, Section 6 -63, as amended.
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. 6 -72 Use of Certain Motorized Conveyances Prohibited.
SPONSOR: Councilor Carter
Section 2. Carmel City Code Chapter 8, Article 3, Section 8 -40, should be and the same is hereby
repealed.
Section 3. Carmel City Code Chapter 6, Article 4, Section 6 -72, should be and the same is hereby
amended to read as follows:
(a) A MOTORIZED CONVEYANCE as used in this Section, is defined as any vehicle in or on which one or
more persons is conveyed any distance and that is powered by either an electric or internal- combustion engine
and that has two or more wheels with a diameter of less than 14 inches each, but shall not include any powered
wheelchair or other device when the same is being used to assist a physically impaired person.
(b) No person under the legal age stipulated by the State of Indiana shall operate a motorized conveyance
on any City street.
(c) Any person operating a motorized conveyance on a City street in compliance with this Section shall obey
all traffic laws and ordinances.
Page One of Four Pages
This Ordinance Amendment was prepared by Douglas C. Haney, Carmel City Attorney, on 5/1/12 at 4:26 p.m. No
subsequent revision to this Ordinance has been reviewed by Mr. Haney for legal sufficiency or otherwise.
11issvrappsl\User Data Other Depts\CTllfinelLFine D Drive \Files\Ordinances120121D 2085 -12 As Amended CLEAN from Elaine 5 -I- 12 .doc5/2212012 11:33 AM
(4) Multi -Use Path. An off-road public accessway intended for pedestrians, bicyclists, and other
non motorized users.
(5)
SPONSOR: Councilor Carter
(h) A lawn mower, sweeper, or snow removal machine weighing no more than 2,200
pounds; and
(i) Any vehicle authorized in writing by the City of Carmel Board of Public Works and
Safety.
Sidewalk. A walkway as defined in Indiana Code Section 9 -13 -2 -167, as the same may be
amended from time to time.
(b) Motor Vehicle Use Prohibited. No person shall, at any time, operate, drive, park, or let stand any
Motor Vehicle on or along any Sidewalk, Multi -Use Path, or Bicycle Lane located within the City's corporate
limits, except that Motor Vehicles are permitted to otherwise lawfully cross the same at a driveway, alley or
highway as necessary to enter or exit a highway or adjacent property.
(c) Any person violating this Section shall be subject to a fine of One Hundred Dollars ($100.00), plus costs,
for the first such offense and a fine of not less than Two Hundred Fifty Dollars ($250.00), plus costs, for the
second and all subsequent offenses.
(d) In instances where a person violates this Section while acting as an employee or agent of a business
entity, such violation shall be counted against the business entity for purposes of imposing increased fines for
subsequent Section violations. In this regard, the second violation of this Section by an employee or agent of a
business entity that occurs while that employee or agent is acting on behalf of said business entity shall result in
an increased fine, even if a different employee or agent of the same business entity committed the first violation
of this Section."
Section 5. All other current provisions of City Code Sections 6 -63 and 6 -72 shall remain in full
force and effect and are not affected by this Ordinance.
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. 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 8. This Ordinance shall be in full force and effect from and after its passage and signing
by the Mayor.
Ordinance D- 2085 -12, As Amended
Page Three of Four Pages
This Ordinance Amendment was prepared by Douglas C. Haney, Carmel City Attorney, on 5/1/12 at 4:26 p.m. No
subsequent revision to this Ordinance has been reviewed by Mr. Haney for legal sufficiency or otherwise.
Ilissvrapps11User Data Other Depts1CT11fine1LFine D DrivelFiles \Ordinances12012\D- 2085 -12 As Amended CLEAN from Elaine 5 -1- 12 .doc5122/2012 2:43 PM
PASSED by the Common Council of the City of Cannel, Indiana, this c 1 day of
2012, by a vote of r i ayes and nays.
Presiding
0
Richard L. Sharp, Pr ident Pro Tempore
Diana L. Cordray, IAMC, Cl .r reasurer
ATTE T:
Diana L. Cordray, IAMC, ClerX- Treasurer
Ordinance D- 2085 -12, As Amended
Page Four of Four Pages
COMMON CdJNCIL FOR THE CITY OF CARMEL
Kevin D. Rider
Carol Schleif
Jai's Brainard, Mayor
SPONSOR: Councilor Carter
Presented by me to the Mayor of the City of Cannel, India i thisc93 day of 1" 0.
2012, at a 0 P .M. U
Diana L. Cordray, IAMC, Cj9k- Treasurer
Approved by me, the Mayor of the City of Carmel, Indiana, this 3 day of Yncauy
2012, at c A .M.
This Ordinance Amendment was prepared by Douglas C. Haney, Carmel City Attorney, on 5/1/12 at 4:26 p.m. No
subsequent revision to this Ordinance has been reviewed by Mr. Haney for legal sufficiency or otherwise.
C:1UsersllfinelAppData\ Local \Microsoft\Windows \Temporary Internet Files \Content.Outlookl9PBDM9091D 2085 -12 As Amended CLEAN AMEND REPEAL (Sec 6 -63 6 -72 8 -40 Regulate Sidewalks Multi -Use
Paths) 5- 1- 12 .doc5/18/20123:50 PM
(d) Any violation of this Section shall be deemed an ordinance violation and any person violating any
provision hereof shall be subject to a fine of $10 for the first offense, of up to $25 for the second offense, of up to
$50 for the third offense and of up to $100 for each subsequent offense."
Section 4. Chapter 6, Article 4, Section 6 -63 of the Cannel City Code should be and the same is
hereby amended to read as follows:
§6.63 Regulation of Vehicular Use On Sidewalks, Multi -Use Paths, and Bicycle Lanes.
(a) Definitions. As used in this Section, the following terms have the following meanings:
(1)
Bicycle Lane. That portion of a roadway or roadway shoulder that has been distinguished from
the portion of the roadway that is to be used by motor vehicle traffic by a painted stripe, a curb,
or another bicyclist traffic control marking or device.
(2) Motor Vehicle. Any vehicle that is propelled in whole or in part by a motor or any mechanical or
artificial means, or is being pushed or towed by the same, except:
(a) A human powered vehicle;
(b) A "bicycle" as that term is defined in City Code Section 8 -1;
(c) A manual or power wheelchair;
(d) An electric personal assistance mobility device that constitutes a self balancing, two
wheeled device designed to transport one person with an electric propulsion system
with an average power of 750 watts or one horsepower and that has a maximum
speed of less than 20 miles per hour when operated on a paved level surface
powered solely by said propulsion system and is operated by a person weighing 170
pounds;
(f)
(g)
Ordinance D- 2085 -12, As Amended
Page Two of Four Pages
SPONSOR: Councilor Carter
(e) A City -owned or leased snow plow, snow blower, sweeper, lawn mower, or any other
City -owned or leased maintenance or repair vehicle;
A City -owned or leased public safety vehicle;
An "authorized emergency vehicle," as that term is defined in City Code Section 8 -1;
This Ordinance Amendment was prepared by Douglas C. Haney, Carmel City Attorney, on 5/1/12 at 4:26 p.m. No
subsequent revision to this Ordinance has been reviewed by Mr. Haney for legal sufficiency or otherwise.
C3Users \Ifine\AppDalalLocal \Microsoft\WindowslTemporary Internet Files \Content.Outlookl9PBDM9091D 2085 -12 As Amended CLEAN AMEND REPEAL (Sec 6 -63 6 -72 8 -40 Regulate Sidewalks Multi -Use
Paths) 5- 1- 12 .doc5118/20123:50 PM