§ 6-72 Use of Certain Motorized Conveyances Prohibited.

   (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.

   (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.

(Ord. D-1711-04, § 2, 8-16-04; Ord. D-2085, As Amended, 5-21-12)

§ 6-73 Loitering in Public Parking Garages and Parking Lots Prohibited.

   (a)   No person shall enter or remain within any parking garage or parking lot owned by, or located on land owned by, the City of Carmel, the Carmel Redevelopment Commission, or the Carmel Redevelopment Authority, and located within the City’s corporate boundaries, or within a public parking section of any privately-owned parking garage or parking lot located within the City’s corporate boundaries, except when actually and lawfully parking a motor vehicle therein, riding in a motor vehicle at the time that it is being lawfully parked therein, or when proceeding to or from a motor vehicle lawfully parked therein.

   (b)   No person shall enter or remain within any parking garage or parking lot owned by, or located on land owned by, the City of Carmel, the Carmel Redevelopment Commission, or the Carmel Redevelopment Authority, and located within the City’s corporate boundaries, or within a public parking section of a privately-owned parking garage or parking lot located within the City’s corporate boundaries, except for the purpose of proceeding to or from a vehicle lawfully parked therein.

   (c)   No person shall remain within, or in or upon any motor vehicle located within, any parking garage or parking lot, owned by, or located on land owned by, the City of Carmel, the Carmel Redevelopment Commission, or the Carmel Redevelopment Authority, and located within the City’s corporate boundaries, or within a public parking section of a privately-owned parking garage or parking lot located within the City’s corporate boundaries, except for a period of time, not to exceed fifteen (15) minutes, reasonably necessary to either park and exit a motor vehicle or to enter a motor vehicle and exit the parking garage or parking lot therein.

   (d)   No person shall remain within any parking garage or parking lot owned by, or located on land owned by, the City of Carmel, the Carmel Redevelopment Commission, or the Carmel Redevelopment Authority, and located within the City’s corporate boundaries, or within a public parking section of a privately-owned parking garage or parking lot located within the City’s corporate boundaries, after being directed by a uniformed or otherwise properly identified police officer to leave the premises.

   (e)   Any violation of this Section shall subject the violator to a fine of $50 for the first offense within any calendar year, and to a fine of $150 for each subsequent violation within the same calendar year.

(Ord. D-2534-20, § 3, 7-6-20)

§ 6-74 Reserved for Future Use.

ARTICLE 5. NUISANCES.

Statutory reference:

   Actions for nuisances, see I.C., 34-19-1 et seq.

Division I. Public Nuisances.

§ 6-75 Public Nuisances Prohibited.

   (a)   No person shall erect, contrive, cause, continue, maintain or permit to exist any public nuisance within the City.

(`91 Code, § 6-75)

   (b)   An agricultural operation or any of its appurtenances is not and does not become a nuisance, private or public, by any changed conditions in the vicinity of the locality after the agricultural operation has been in operation continuously for more than one (1) year if there is no significant change in the hours of operation, there is no significant change in the types of operation, and the operation would not have been a nuisance at the time the agricultural operation began on that locality. (Ord. D-1645-03, § III, 10-20-03)

§ 6-76 Public Nuisances Defined.

   A public nuisance is a thing, act, occupation, condition or use of property which shall continue for such length of time as to:

      (a)   Substantially annoy, injure or endanger the comfort, health, repose or safety of the public; or

      (b)   In any way render the public insecure in life or in the use of property; or

      (c)   Greatly offend the public morals or decency; or

      (d)   Unlawfully and substantially interfere with, obstruct or tend to obstruct or render dangerous for passage any street, alley, highway, navigable body of water or other public way; or

      (e)   Is injurious to health, or indecent, or offensive to the senses, or an obstruction to the full use of property, so as essentially to interfere with the comfortable enjoyment of life or property.

(`91 Code, § 6-76)

Statutory reference:

   Nuisance defined, see I.C., 34-1-52-1