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Home My WebLink AboutD-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 Carmel City Code Chapter 8, Article 3, Section 8 -40, should be and the same is hereby repealed.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