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HomeMy WebLinkAboutD-2107-12 Amend 6-158 Noise OrdinanceSPONSORS: Councilors Carter, Rider, Seidensticker, Snyder and Finkam ORDINANCE D- 2107 -12 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, ADDING CHAPTER 6, ARTICLE 5, DIVISION VIII, SECTION 6- 158(b)(7)(d) TO THE CARMEL CITY CODE WHEREAS, the City, pursuant to Indiana Code 22 -11 -14 -10.5, regulates the use of consumer fireworks within its corporate boundaries; and WHEREAS, the City now desires to expand the dates and times during which the use of otherwise lawful consumer fireworks is permitted, in order to ensure that its residents have a sufficient opportunity to use their consumer fireworks each year and avoid the safety hazards created by storing the same over the winter months; and WHEREAS, the actions contemplated by this Ordinance furthers the public health, safety and welfare. 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. Section 2. Chapter 6, Article 5, Division VIII, of the Carmel City Code is hereby amended to add Section 6- 158(b)(7)(d) which shall read as follows: "d. Between the hours of 5:00 p.m. and 12:00 midnight on the Saturday and Sunday immediately preceding the first Monday in September." Section 3. The remaining provisions of Carmel City Code Chapter 6, Article 5, Division VIII, shall remain in full force and effect. Section 4. 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. Page One of Three Pages This Ordinance Amendment was prepared by Douglas C. Haney, Carmel City Attorney, on 8/23/12 at 3:48 p.m. No subsequent revision to this Ordinance has been reviewed by Mr. Haney for legal sufficiency or otherwise. Sec 6- 15s(b)(7)(d).doc8143 /2012 4.31 PM Z:1E Bass\My Documents \ORDINANCES1AmendCode120121D - 2107 -12 NOISE ORD to CT, ADD SPONSORS: Councilors Carter, Rider, Seidensticker, Snyder and Finkam 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 All prior ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed, to the extent of such inconsistency only, as of the effective date of this Ordinance.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. This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor. PASSED by the ommon Council of the City of Carmel, Indiana, this c28 0X day of .1.1 , 2 12 0 , by a vote of ayes and nays. COMMON COUNCIL FOR THE CITY OF CARMEL residing Officer rvOT PESEkrr Richard L. Sharp, President Pro Tempore Re.- . Id E. Carter 7 At Mile inkam! ATTEST: Diana L. Cordray, IAMC, Clerk- asurer Ordinance D- 2107 -12 Page Two of Three Pages Kevin D. Rider Carol Schleif This Ordinance Amendment was prepared by Douglas C. Haney, Carmel City Attorney, on 8/23/12 at 3:48 p.m. No subsequent revision to this Ordinance has been reviewed by Mr. Haney for legal sufficiency or otherwise. Z1E Bass\My Documents \ORDINANCES ,mendCode120121D- 2107 -12 NOISE ORD to CT, ADD Sec 6- 158(b)(7)(d).doc8123 /2012 431 PM SPONSORS: Councilors Carter, Rider, Seidensticker, Snyder and Finkam Presented by me to the Mayor of the City of Carmel, Indiana this oZ Q day of 2012, at e : 35 A .M. Diana L. Cordray, IAMC, Cle ;? reasurer Approved by me, the Mayor of the City of Carmel, Indiana, this 2 day of 2012, at g.- rod ,4 .M. ATTES Diana L. Cordray, IAMC, Clerk - Iheasurer Ordinance D- 2107 -12 Page Three of Three Pages ames Brainard, Mayor This Ordinance Amendment was prepared by Douglas C. Haney, Carmel City Attorney, on 8/23/12 at 3:48 p.m. No subsequent revision to this Ordinance has been reviewed by Mr. Haney for legal sufficiency or otherwise. Z:IE Bass\My Documents \ORDINANCESIAmendCode120121D - 2107 -12 NOISE ORD to CT, ADD Sec 6- 158(b)(7)(d).doc8 123 /2012 4:31 PM