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No person shall use any street, sidewalk or other public place for the display or sale of goods or merchandise, or write or affix any signs or advertisements on any pavement. All persons must comply with the provisions of § 4-26 regarding licensing.
(`91 Code, § 6-59)
(a) Definitions. As used in this section, the following terms have the following meanings:
Bicycle. Any foot-propelled vehicle, irrespective of the number of wheels in contact with the ground.
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.
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 Bicycle;
b) A manual or power wheelchair;
c) 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;
d) A City or Carmel-Clay Parks and Recreation owned or leased snow plow, snow blower, sweeper, lawn mower, maintenance vehicle or repair vehicle;
e) A City or Carmel-Clay Parks and Recreation owned or leased public safety vehicle;
f) An Authorized Emergency Vehicle, as that term is defined in § 8-1;
g) An authorized lawn mower, sweeper, or snow removal machine weighing no more than 2,200 pounds; and
Multi-Use Path. An off-road public accessway intended for pedestrians, bicyclists, and other non-motorized users.
Roadway. All roads, streets, highways, alleys, courts, squares, or other public ways in the City that are dedicated and open to public use for Motor Vehicle traffic.
Sidewalk. A walkway as defined in I.C. 9-13-2-167, as the same may be amended from time to time.
(b) Motor Vehicle Use Prohibited. Except as provided in this section, 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. Motor Vehicles with a Combined Gross Vehicle Weight Rating of less than 10,000 pounds may cross a Sidewalk, Multi-Use Path or Bicycle Lane to access an adjacent property. Such vehicles are not relieved of any liability for damage they may cause to infrastructure.
(1) Permit required for motor vehicle parking on a City Sidewalk, Multi-Use Path or Bicycle Lane.
a) Persons who wish to park a motor vehicle upon a City Sidewalk, Multi-Use Path or Bicycle Lane must purchase a Sidewalk, Multi-Use Path and Bicycle Lane Parking Permit (the "Permit") from the Carmel Police Department.
b) The cost of a Permit is $100.
c) A Permit allows one motor vehicle to park on a City Sidewalk, Multi-Use Path or Bicycle Lane and is valid for a single motor vehicle for a period of seven (7) days, in a single location. The City reserves the right to revoke a Permit at any time, for any reason.
d) All vehicles parked on a City Sidewalk, Multi-Use Path or Bicycle Lane must prominently display a valid Permit. Failure to do so will result in a violation of this Section.
e) Permit holders parked on a Sidewalk, Multi-Use Path or Bicycle Lane must allow a minimum width of five (5) feet of the path to remain accessible in order to maintain ADA accessibility.
f) Motor vehicles that are improperly parked on City Sidewalks, Multi-Use Paths and Bicycle Lanes may be cited for a violation by Carmel Police Department, Carmel Engineering Department inspectors or DOCS Code Enforcement.
(c) Duty to Yield and Signal. Whenever a person is riding a Bicycle upon a Multi-Use Path or Sidewalk, such person shall yield the right-of-way to any person they approach from behind and shall give an audible signal before overtaking and then safely passing such person.
(d) Riding No More Than Two Abreast. No more than two bicyclists shall ride abreast in the same direction on any Bicycle Lane, Multi-Use Path, Sidewalk or Roadway located within the City's corporate limits.
(e) Animals Leashed. Any person who takes a dog or other domestic animal on any Multi-Use Path located within the City's corporate limits shall continuously restrain the same by means of a firmly held or attached leash that is extended to a length not to exceed six feet.
(f) Bicyclists to Obey Laws. The operator of any Bicycle located within the City's corporation limits shall obey all traffic signals, traffic control devices, signs, and markings upon any Roadway, Bicycle Lane, Sidewalk, or Multi-Use Path unless otherwise directed by a police officer.
(g) Child Bicyclists. It shall be unlawful for a child under seven years of age, as well as for the parent, legal guardian, or custodian of the same to suffer or permit such a child, to operate a Bicycle in a Roadway in the City while such Roadway is open and used by Motor Vehicle traffic, except that any child can cross a Roadway on a Bicycle in a direct, expedient, and prompt manner when accompanied by his or her parent, legal guardian, or custodian, and that any child may operate a Bicycle upon a Sidewalk or Multi-Use Path subject to the restrictions in this section.
(h) Right-of-Way. Pedestrians have the right-of- way while on any Multi-Use Path or Sidewalk located within the City's corporate limits, and all others must yield or adjust their rate and direction of travel to avoid a collision with any and all such pedestrians. However, pedestrians must yield to vehicular traffic at those points where the trail intersects or crosses a Roadway.
(i) It shall be unlawful for any person to use a Bicycle to deliberately block or close a roadway intersection so as to facilitate the passage of other bicyclists through the intersection without stopping, yielding to other traffic, or in contravention of the traffic signals, traffic control devices, signs, posted speed limits, or markings upon a Roadway, Bicycle Lane, Sidewalk, or Multi-Use Path.
(j) Monon Greenway Speed Limits. No vehicle on which one or more persons and/or property is or may be transported or drawn, whether motorized or propelled by human power, the wind, or in any other manner, may operate or travel in excess of 20 m.p.h. on or along the Monon Greenway, or at such lesser speed as is reasonable and prudent under the conditions then present, except that no such vehicle may operate or travel in excess of 15 m.p.h., or at such lesser speed as is reasonable and prudent under the conditions then present, on or along the Monon Greenway from and including its intersection with 111th Street to and including its intersection with 136th Street, and provided that such speed limitations shall not apply to public police, fire, health, and safety vehicles.
(k) Penalties. Any person violating this section shall be subject to a fine of $10, for the first such offense, a fine of $25, for the second offense, and a fine of $100, plus costs, for all subsequent offenses. If a vehicle displays an invalid permit, the fine amount will be increased by an additional $150. This does not limit the authority of the court to impose additional penalties as permitted by law for moving violations, including suspension of driving privileges and mandating the violator attend and complete a defensive driving class. First and second offense violations of this section may be filed with the City Court' Ordinance Violations Bureau.
(l) Business Entity Violations. 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.
(m) No bicycle shall be ridden at any time on the public sidewalk abutting Main Street between 1st Avenue East and 4th Avenue West. Bicyclists who desire to travel on this segment of the sidewalk shall dismount and walk their bicycle thereon.
(`91 Code, § 6-63) (Ord. D-2085-12, As Amended, 5-21-12; Ord. D-2137-13, As Amended, 11-4-13; Ord. D-2359-17, As Amended, § 2, 4-17-17; Ord. D-2505-19, 12-16-19; Ord. D-2534-20, § 2, 7-6-20)
(a) Within the City, no person shall plant trees between the street and the sidewalk and/or property line unless they are in compliance with regulations, rules and specifications adopted by the Carmel Urban Forestry Committee pursuant to Ordinance D-1091 (See §2-22).
(b) The owner or person in control of the dominant real estate adjacent to the area between the street and the sidewalk and/or property line on which any removal of the tree or shrub is planted shall comply with the rules and regulations adopted by the Carmel Urban Forestry Committee, pursuant to Ordinance D-1091.
(c) If any tree or shrub planted pursuant to this section shall, in the opinion of the Carmel Urban Forestry Committee, create a hazardous obstruction to vision which may endanger vehicular or pedestrian traffic, then said tree or shrub shall be appropriately trimmed or removed pursuant to the rules adopted by the Carmel Urban Forestry Committee.
(d) If any tree or shrub planted pursuant to this section shall cause damage to any street, curb or sidewalk, then said tree or shrub causing such damage shall be removed and the damage repaired by the dominant land owner or person in control as set forth by the Carmel Urban Forestry Committee.
(e) The City and all public utilities retain their ownership and right to access to the area between the street and the property line of the dominant owner and retain the right to reasonably remove any tree or shrub impeding necessary work to be performed by the City and/or all public utilities, or other properly authorized users.
(f) Public utilities are not exempt from the responsibility for the replacement of street trees which must be removed due to construction and maintenance unless otherwise directed by the City.
(g) Public utilities may trim street tree roots and branches as necessary for the maintenance of utility service as prescribed by state law and the rules and regulations adopted by the Carmel Urban Forestry Committee. The cost of such tree care is the responsibility of the affected utility.
(h) Violation of any provision of this section shall be deemed an Ordinance Violation and any person violating the provisions hereof shall be fined an amount not to exceed $2,500 for each independent offense or violation.
(`91 Code, § 6-64) (Ord. D-199, 2-5-79; Ord. D-1080, 5-2-94; Ord. D-1121, 11-7-94; Ord. D-1757-05, 11-7-05)
(a) It is declared to be unlawful for any person, with or without malice, purposely and deliberately to point, aim or fire a pistol, revolver, rifle, shotgun, machine gun, firearm or any other dangerous or deadly weapon within the corporate limits or within the established boundaries of the City.
(Ord. D-292, § 1, 3-16-81)
(b) Any person who violates any provision of this section shall be fined not less than $10 nor more than $500 for each offense, in addition to which the weapon may be ordered confiscated.
(Ord. D-292, § 2, 3-16-81)
(c) This section shall not affect the use of weapons which have legally been approved for such use in areas or as otherwise approved by the Metropolitan Police Department of the City nor shall such prohibit the reasonable use of weapons in the protection of human life or property, including the protection of livestock or farm animals in an Agricultural District.
(Ord. D-292, § 3, 3-16-81; Ord. D-1645-03, § II, 10-20-03)
(`91 Code, § 6-65)
Statutory reference:
Weapons and instruments of violence, see I.C., 35-47-1-1 et seq.
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