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Home My WebLink AboutD-2135-13 Amend 6-50 Barbed Wire and Electric Fence Restrictions SPONSOR(S): Councilor Sharp ORDINANCE D-2135-13 AS AMENDED AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA ("CITY"), AMENDING CARMEL CITY CODE CHAPTER 6, ARTICLE 4, SECTION 6-50 WHEREAS, electrified ("electric") fences, while generally safe when briefly touched, can nevertheless cause serious injury or death, and are especially dangerous when they come into contact with children or persons with heart abnormalities or pacemakers, when they touch a person's head, neck or spine, or when a person becomes entangled in them and receives multiple shocks; and WHEREAS, it is in the public interest to ensure that warning signs are placed on all electric fences located within the City's corporate limits and to ensure that fences that by their very nature and design are likely to entangle or ensnare are not electrified. 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 4, Section 6-50 of the Carmel City Code should be and the same is hereby amended to read as follows: "Sec. 6-50 Barbed Wire and Electric Fence Restrictions. (a) No person shall maintain or construct any fence composed in whole or in part of barbed wire, razor wire, or similar material designed to ensnare, entangle, or cause injury to persons, or any fence composed in whole or in part of a wire charged with an electric current, within three (3) feet of any street, sidewalk, alley, or other public way or place located within the City's corporate limits. (b) No person shall construct within the City's corporate limits any fence composed in whole or in part of barbed wire, razor wire, or a similar material designed to ensnare, entangle, or cause injury to persons in which an electric current flows through any portion thereof. (c) All electric fences located within the City's corporate limits shall have attached thereto, at intervals of not greater than one hundred (100)feet, warning signs that meet or exceed all of the following criteria: (1) are double-faced; Page One of Three Pages VERSION A—5/13/13— Utilities,Transportation and Public Safety Committee This Ordinance was prepared by Douglas C. Haney, Carmel City Attorney, on April 15, 2013 at 1:48 p.m. No subsequent revision to this Ordinance has been reviewed by Mr. Haney for legal sufficiency or otherwise. llissvrappsllUser Data-Other Depts\CNfnelLFine D DrivelFileslOrdinances120131D-2135-13 As Amended doc521/2013 2:36 PM SPONSOR(S): Councilor Sharp (2) are weather resistant; (3) measure no less than seven by four inches(7"x 4") inches in size; (4) are attached so that the top of the signs are no more than eighteen (18) inches from the top of the fence to which they are attached; (5) contain on both sides thereof the following words, in English letters not less than one (1) inch tall: "Danger: Electric Fence,"or"Warning: Electric Fence,"or"Electric Fence." (6) are dual-colored, with either a yellow background and black letters or a white background and red letters. (7) underground pet containment systems are exempt from this ordinance. (8) (Reserved) (d) Any person who violates this Section shall be subject to a fine of Fifty Dollars ($50.00) for the first offense and Five Hundred Dollars ($500.00) for the second and all subsequent offenses, each day in which violation exists constituting a separate offense, except that said person shall be given seven (7) calendar days from and including the date on which said person is notified of a first offense hereunder to come into full compliance with this Section before a citation for a second offense hereunder shall be issued to said person." Section 3. 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 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. Section 5. This Ordinance shall be in full force and effect from and after the date of its passage, execution by the Mayor, and publication as required by law. rd PASSED by the Common Council of the City of Carmel, Indiana, this day o , 2013, b a vote of la ayes and 0 nays. Y Y Y Ordinance D-2135-13 Page Two of Three Pages VERSION A—5/13/13— Utilities,Transportation and Public Safety Committee This Ordinance was prepared by Douglas C. Haney, Carmel City Attorney, on April 15, 2013 at 1:48 p.m. No subsequent revision to this Ordinance has been reviewed by Mr.Haney for legal sufficiency or otherwise. 1Gssvrappsl\User Data-Other Depts\CNfinelLFine D Dnve1Files\Ordinances120131D-2135-t3 As Amended.doc5/21/2013 2:36 PM SPONSOR(S): Councilor Sharp COMMON COUNCIL FOR THE CITY OF CARMEL ' 4•1 ,./"._C7 Presiding Offic Kevin D. Ride Richard L. Sharp, Pre 'dent Pro Tempore Carol Schleif N OT- PResEN i At 6__Ro ald- . Carter W. Eric Seid la„1.,,10 sticker .. / / - _ - 4__ /; Sue inkam uci . yder / ATTEST: U Diana L. Cordray, IAMC, Clerk-Treasurer Presented by me to the Mayor of the City of Carmel, I!..ana this `'i day of , 2013, at I I :OR A .M. C Diana L. Cordray, IAMC, ' -, -Treasurer Approved by me, the Mayor of the City of Carmel, Indiana, this day of , 2013, at .M. James Brainard, Mayor ATTEST: Diana L. Cordray, IAMC, Clerk-Treasurer Ordinance D-2135-13 Page Three of Three Pages VERSION A—5/13/13— Utilities,Transportation and Public Safety Committee This Ordinance was prepared by Douglas C. Haney, Carmel City Attorney, on April 15, 2013 at 1:48 p.m. No subsequent revision to this Ordinance has been reviewed by Mr. Haney for legal sufficiency or otherwise. IlissvrappsllUser Data-Other Depts1Ci11fine1LFine D Dnveriles\Ordinances120131D-2135-13 As Amended.doc5/21/2013 2:36 PM ve2.0 Over r:deft *BOPTEB by the Common Council of the City of Carmel, Indiana this 1 1 day of 2013, by a vote of k.o ayes and ( nays. COMMON COUNCIL FOR THE CITY OF CARMEL Ati Presiding O r Kevin D. Rider Richard L. Sharp, Pr964dent Pro Tempore Carol Sch eif onald E. Carter W. Eric SeiQensticker `Stinka Luci Snyder ATTEST: Keo Diana L. Cordray, IAMC, Clerk-T :asurer Presented by me to the Mayor of the City of Carmel, Indiana this day of 2013, at .M. } 04-44 < Diana L. Cordray, IAMC, Cler 'reasui Approved by me, Mayor of the City of Carmel, Indiana, this day of 2013, at .M. James Brainard, Mayor ATTEST: Diana L. Cordray, IAMC, Clerk-Treasurer