ARTICLE 6. MINING OPERATIONS.

g. Any part of or extract from the plant classified botanically as Salvia Divinorum, and any compound, salts derivative, mixture or preparation of such plant, its seeds or extracts; or

h. Any other equivalent compound or derivative.

Synthetic Marijuana includes any herb or incense marketed under the name K2, Spice, Acapulco Spices, Serenity Now, Spice Gold, Shokotsu, Afghan Incense, Baked, Black Magic, Buzz, Cherry Charm, Fire Bird, Fire "N" Ice, Pulse, Solitude or Voodoo, and that contains a synthetic equivalent.

(b) Sale or transfer of synthetic cannabinoids prohibited. It is hereby declared to be unlawful within the corporate limits of the City of Carmel, Indiana, for any person to sell, barter, give away or otherwise transfer to another synthetic marijuana or any synthetic equivalent of the substances contained in the plant cannabis, or in the resinous extractives of cannabis and/or any synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity. Since the nomenclature of these substances is not internationally standardized, the sale or other transfer to another of compounds of these structures, regardless of numerical designation of atomic positions, is similarly declared to be unlawful.

(c) Penalties. The first violation of this section shall be punishable by a fine of $100.The second and all subsequent violations of this section by the same person or entity shall be punishable by a fine of $1,000 for each such violation.

(Ord. D-2022-10, 11-15-10)

§ 6-163 Non-Consensual Towing From Private Property.

(a) Definitions.

Motor Vehicle means a motor vehicle as defined in I.C., 9-13-2-105(a).

Private Parking Lot means any parking lot or area owned by a private entity that provides parking spaces for a fee or that requires the permission of the owner or authorized agent of the owner of the parking lot or area before a person may park at that location.

Storage Facility means any location at which a towed motor vehicle is stored pending retrieval by the motor vehicle's owner or operator.

Tow, or Towed, or Towing means to haul, carry, pull along, or otherwise transport or remove a motor vehicle by means of another vehicle.

Towing Service means any person or other entity, whether licensed or not, that engages in, or who owns or operates a business which engages in, the towing of motor vehicles for compensation.

Trespass Tow means the towing of a motor vehicle parked in a private parking lot without the consent of the motor vehicle's owner or operator.

Wheel Lock means a boot, wheel lock or any other device that is attached to a motor vehicle and designed to immobilize it.

(b) Compliance with section; violations.

(1) No towing service shall conduct a trespass tow of a motor vehicle from a private parking lot, when the point of origin of the tow is within the City's jurisdictional limits, without fully complying with the provisions of this section.

(2) Any violation of this section shall subject the violator to a fine of $500 for the first offense within any calendar year and to a fine of $1,000 for each subsequent offense within the same calendar year. Each motor vehicle towed or stored in violation of this section shall constitute a separate offense.

(1) It shall be unlawful to tow any motor vehicle that is parked in a private parking lot without the permission of the owner or operator of the motor vehicle unless notice is posted in accordance with the provisions of this section in the private parking lot from which the towing occurs. Such notice shall meet all of the following requirements:

a. The notice shall be in the form of a sign not less than 24 inches by 24 inches in size and constructed of metal, plastic or another type of material that is weather resistant and enduring in nature.

b. The notice shall be prominently posted in the private parking lot at each access or curb cut allowing motor vehicles access to the property. In the alternative, a sign not less than 12 inches by 12 inches in size may be posted at each parking space from which a motor vehicle could be towed.

c. The notice shall clearly display the following:

i. In not less than one-and-one-half inch high letters on a contrasting background, the words "tow-away-zone" or "towing enforced;" and

ii. In not less than one inch high letters and numbers on a contrasting background, a statement that public parking is never authorized in the private parking lot by stating "private property - no parking at any time," or where parking is permitted under limited circumstances, by stating "parking for [name] customers only," "parking for [name] residents only," or a similar phrase that specifically identifies the conditions under which a motor vehicle may park in the private parking lot, or if parking is not prohibited on a 24-hours continuous basis, a statement identifying the days of the week and the hours of the day during which unauthorized parking is prohibited; and

iii. In not less than one inch letters and numbers on a contrasting background, the name and address of both the towing service and the storage facility where the motor vehicle will be towed and the total itemized cost for the tow and storage of the motor vehicle.

d. Each sign displaying the above required notices shall be permanently installed with the bottom of the sign not less than four feet above ground level and not more than eight feet above ground level.

e. No towing service owner, employee, or agent may intentionally obstruct or deface any sign required by this section.

(d) Wheel lock prohibited. It shall be unlawful to place a wheel lock on a motor vehicle for the purpose of keeping it immobilized until it can be towed from a private parking lot.

(e) Release before towing. Any tow service that has initiated a trespass tow but that has not yet completely removed the motor vehicle from the private parking lot, shall, upon the request of the motor vehicle owner or operator, immediately release the motor vehicle to said owner or operator without charge.

(f) Retrieval of personal property. Any tow service that has engaged in the trespass tow of a motor vehicle shall, once the motor vehicle is placed in a storage facility, and upon request of the owner or operator of the motor vehicle, permit the owner or operator access to the motor vehicle in the storage facility for the purpose of retrieving personal property from it at no charge and within 30 minutes of such request.

(g) Payment of towing and storage fees. Any towing service that engages in the trespass tow of a motor vehicle from a private parking lot shall accept U.S. currency and at least two major credit and debit cards for any and all towing and storage fees and charges associate therewith.

(h) Twenty-four hour motor vehicle retrieval required. Any towing service that engages in a trespass tow from a private parking lot shall have a person on call 24 hours every day of the year who will acknowledge a request to retrieve a towed motor vehicle within 30 minutes of such request and who shall, upon request, make a motor vehicle available to its owner or operator for retrieval within 60 minutes of the time of such request.

(i) Location of storage facility. Any storage facility at which a motor vehicle subject to a trespass tow is stored shall be located within the City or within 15 miles of the City's corporate limits.

(j) Authorization to trespass tow required. No towing service shall remove a motor vehicle from a private parking lot by trespass tow unless the owner or authorized agent of the owner of the private parking lot contemporaneously signs a specific written authorization for such removal and presents the same to the driver of the towing service. This written authorization form shall contain all of the following:

(1) A written statement describing the reason for the tow;

(2) The make, model, year, color, vehicle identification number (VIN) and license plate number of the motor vehicle to be towed;

(3) The address of the private parking lot from which the motor vehicle is to be towed;

(4) A written statement indicating the time and date of the trespass tow authorization;

(5) The full name and title of the person authorizing the trespass tow;

(6) An acknowledgement by the person authorizing the tow that he or she is the owner or authorized agent of the owner of the private parking lot and that the owner of the private parking lot shall be liable for any damages that may be awarded to the owner of the motor vehicle if it is towed unlawfully or improperly; and

(7) The signature of the person authorizing the trespass tow.

(k) Towing receipt required; waiver of liability prohibited.

(1) Upon the payment in full of all authorized towing and storage fees, a tow service that performs a trespass tow of a motor vehicle from a private parking lot to a storage facility shall provide to the motor vehicle's owner or operator upon the retrieval of the motor vehicle from the storage facility, at no additional charge, an itemized receipt that contains the following information:

a. The name and address of the tow service;

b. The private parking lot address from which the motor vehicle was towed;

c. The date and time at which the motor vehicle was towed;

d. The date and time at which the motor vehicle entered the storage facility;

e. An itemized list of all the fees and charges imposed for the motor vehicle tow and storage; and

f. The name of the person who authorized the trespass tow, as well as a copy of such person's trespass tow written authorization form.

(2) A release or waiver of liability shall not be required as a condition of the release of the motor vehicle from the storage facility.

(3) A tow service may require proof of identification of the person retrieving any motor vehicle from a storage facility.

(Ord. D-2044-11, 7-18-11)

§ 6-164 Public Urination and Defecation Prohibited.

(a) Definitions. As used in this Section, the following words shall have the following meanings:

Public Place. Any City property and any other property that is generally visible to the public, including, but not limited to, streets, sidewalks, bridges, alleys, plazas, parks, recreational areas, tunnels, driveways, parking lots, automobiles (whether moving or not), as well as any public or private building or facility that is open to the public, including, but not limited to, those that serve food or drink or provide entertainment to the public, and the doorways and entrances to such buildings and facilities and the grounds enclosing them.

Sanitary Facility. A urinal, toilet, commode or other temporary or permanent structure that accommodates or is designed for the sanitary disposal of human bodily fluids and/or waste and that is enclosed from public view.

Person. Any human being over seven (7) years old.

(b) It shall be unlawful for any Person, at any time, to urinate and/or defecate in or on any Public Place located within the City’s corporate boundaries, except for in a Sanitary Facility.

(c) It shall be an affirmative defense to the offense described in Subsection (b) of this Section that the Person then suffered from a verified medical condition that necessitated or caused such action, except that such verified medical condition shall not include alcoholism or the excessive consumption of alcohol.

(d) Any Person who violates this Section shall be guilty of an ordinance violation punishable by a fine of $250 for the first offense and a fine of $2500 for each subsequent offense.

(Ord. D-2561-20, § 2, 12-7-20)

§ 6-165 Reserved for Future Use.

ARTICLE 6. MINING OPERATIONS.

§6-166 Definitions.

Administrator means the Director of the Department of Community Services (DCS). As used in this Article, Administrator shall include his or her authorized representatives.

Affected land means the sum of acreage that has been mined, will be mined, or will be affected by mining activity.

Airblast (also known as Air Overpressure) means airborne waves resulting from the detonation of explosives in connection with mining activity. Airblast may be caused by burden movement or the release of expanding gas into the air. Airblast may or may not be audible.

Blast or Blasting means the detonation of explosives by an operator during mining.

City means the City of Carmel, Indiana.

Complete Application means an application for a permit, renewal, modification or transfer which is determined by the Administrator to be complete for the purpose of commencing review of the application in accordance with the requirements pursuant to §6-168, but which may need to be supplemented during the course of review in order to enable the Administrator to make any findings or determinations required by this Article.

Effective Date means the date on which this Article takes effect.

Guiding Principles of the Environmental Stewardship Council means the written document prepared for the Indiana Mineral Aggregates Association comprised of recommended practices and guidelines to manage the environmental and social impacts of mineral extraction.

Haulageway means all roads utilized for mining purposes, together with that area of land over which material is transported, that are located within the land controlled by the operator.

Isoseismic Study means an analysis of blasting events and local geologic conditions by qualified and independent vibration experts to determine the optimum conditions under which blasting can be accomplished to reduce ground vibration and structural response.

Life of the Mine means the total economic and environmental limit of an operation in acres.

Mine means any lands from which mining or processing will occur, including all haulageways and all equipment above, on or below the surface of the ground used in connection with mining.

Minerals mean any naturally formed, usually inorganic rocks, stone, gravel, sand, soil, clay, limestone located on or below the surface of the earth.

Mining means the surface, underwater, or underground extraction of deposits of minerals, using techniques including, but not limited to, excavating, dredging, drilling, crushing, grinding, sorting, sifting, sizing, washing, drying, sawing and cutting stone, blasting, trimming, punching, splitting, and gauging. The term also includes the removal of overburden to provide access to minerals. Mining also includes the construction and use of buildings, facilities and equipment to carry out such activities, exclusive of manufacturing processes. Mining shall not include the excavation, removal and disposition of minerals from construction projects or excavations in aid of agricultural activities.

Mining Plan means a document, consisting of an Operations Plan and a Reclamation Plan that describes proposals for the conduct of an operator's mining method and reclamation of the land thereof and includes the information set forth in § 6-171.

Monitoring Station means a physical location identified by city, county, state, or federal authorities where measurements of environmental conditions may be required.

Operation means any mining or processing.

Operations Plan means a description of activities to be performed by an operator to mine the land over the life of the mine. The Operations Plan shall describe the proposed method of mining the affected land and measures taken to minimize the environmental impacts with special emphasis on minimizing any negative impacts to the surrounding residential areas. The Operations Plan shall include maps, plans, the schedule for mining within the life of the mine, written material, and all information required of an Operations Plan pursuant § 6-171.

Operator means any person engaged in and controlling mining or processing.

Overburden means earth, vegetation, topsoil, subsoil, caprock or non-specification material that must be removed to provide access to minerals.

Particle Velocity is a measure of ground vibration that describes the velocity at which a particle of ground moves when excited by a seismic wave.

Person means any individual, partnership, corporation, legal business entity or governmental agency.

Processing means washing, crushing, grinding, screening, sorting, sizing, and other activities undertaken to prepare extracted minerals for productive use, and the operation of plants, machinery, dams, ponds, canals, power lines, pipe lines, telephone lines, roads, stockpile areas, buildings or offices, and any other machinery or equipment required for the processing of minerals, but shall not include manufacturing processes.

Protected Structure means any dwelling, public building, school, church, commercial or institutional building or other building designated as such by the Administrator, that is or may be impacted by blasting or other impacts of an operation. A Protected Structure does not include structures owned and operated by the operator.

Reclamation means the conditioning of the affected land to make it suitable for any productive use including, but not limited to, the planting of forests, the planting of crops for harvest, the seeding of grass and legumes for grazing purposes, the protection and enhancement of wildlife and aquatic resources, the establishment of recreational, residential, commercial, industrial and other uses demonstrated to be consistent with the Carmel Comprehensive Plan.

Reclamation Plan means a description of activities to be performed by an operator to reclaim the land to be affected over the life of the mine. The Reclamation Plan shall describe the proposed method of reclaiming the affected land, providing, where possible, for orderly, continuing reclamation concurrent with mining and a schedule for reclamation. The Reclamation plan shall include maps, plans, the schedule for reclamation, planting plans, written material and all information required of a Reclamation Plan pursuant § 6-171.

Spill Prevention Control and Countermeasure Plan (SPCC) means the required plan by the U.S. Environmental Protection Agency to prevent oil spills from reaching navigable waters of the United States.

Tailings means material of inferior quality or value resulting from the removal, preparation, or processing of minerals.

Utilities Director means the Director of Utilities for the City of Carmel, Indiana. As used in this Article, Utilities Director shall include his or her authorized representative(s).

(Ord. D-1686-04, 4-18-05)

§ 6-167 Administration of Article.

(a) Generally. No person may conduct mining or processing within the corporate boundaries of the City unless a permit has been approved, and financial assurances for reclamation have been posted pursuant to this Article.

(b) Where two or more parcels of land containing operations are not adjoining, a separate permit shall be required for each parcel.

(c) Supercedure. Nothing in this Article is intended to supercede any requirement of state or federal law, except that this Article may impose stricter requirements, in whole or in part, than may be imposed by any county, state or federal authority.

(d) Powers and duties of the Administrator. The Administrator has the following powers and duties:

(1) To issue permits, modifications to permits, renewal permits, and transfers in accordance with the criteria set forth in this Article;

(2) To administer and enforce the provisions of this Article and all orders issued pursuant thereto;

(3) To delegate the duties and powers granted to and imposed upon him or her under this Article;

(4) To conduct investigations and obtain data with respect to any aspect of mining regulated under this Article, and to collect and disseminate information regarding mining;

(5) To order an immediate suspension of any operation upon any repeated or willful violation of any of the provisions of this Article or when there is an imminent threat of substantial harm to citizens of the City, natural resources, property, or the City's water supply;

(6) To accept grants or funds for purposes of administration of this Article and research into mining;

(7) To cooperate with any other governmental entity to further the purposes of this Article;

(8) To contract with any person to achieve the purposes of this Article;

(9) To assess fees upon an applicant consistent with the expenses involved in hiring consultants to assist the Administrator with the review of the application and to provide inspection, monitoring, and assessment upon request by the Administrator.

(Ord. D-1686-04, 4-18-05)

§ 6-168 Permits, Renewals, Transfers, and Modifications.

(a) New Permits. An application for a new permit may be submitted for a term not to exceed five years. A complete application for a new permit must be accompanied by a $10,000 application fee and contain:

(1) A completed application in the form specified by the Administrator;

(2) A legal description and acreage of the affected land;

(3) A vicinity map of the area, showing:

a. The affected land;

b. The portion of the affected land being mined, and proposed to be mined;

c. Any dedicated public rights-of-way and easements, including public streets;

d. The boundaries of all adjacent and adjoining property lying within 660 feet of the affected land, or a depth of two property ownerships, whichever is less, and consistent with § 6-168(a)(4);

(4) A listing of names and addresses of the owners of property lying within 660 feet of the affected land, or a depth of two property ownerships, whichever is less, as shown by a certified issue of the Auditor of Hamilton County (or adjacent county), or by a title insurance company, and dated not more than 45 days prior to the date of the application;

(5) A copy of all applications, approvals, or permits needed from other city, county, state, or federal agencies for the purposes of mining or processing;

(6) A copy of all letters of grant, or other approvals from all City boards or committees, if applicable;

(7) The identity of the operator if the operator is a person different from the applicant;

(8) The name of every legal owner of the affected land (surface and mineral);

(9) The name of every owner of any leasehold interest in the affected land;

(10) The name of any purchaser of record of the affected land under a real estate contract;

(11) If the applicant is a business entity other than a single proprietor, the names and addresses of the principals, officers, and resident agent;

(12) If the applicant is a partnership, corporation, association, or other business entity, the following where applicable:

a. The names and addresses of every officer, partner, or director or person performing a function similar to a director of the applicant;

b. The name and address of each person owning, of record, at least 10% of any class of voting stock of the applicant; and

c. A list of all names under which the applicant, partner, or principal shareholder previously operated a mine within the United States within the last five years preceding the date of submission of the application;

(13) A statement of whether the applicant or a subsidiary, an affiliate, or a person controlled by or under common control with the applicant has ever held a mining permit that within the five-year period preceding the date of the application was suspended or revoked or is in the process of revocation, and if so, a brief explanation of the facts involved and identification of the state in which this action occurred;

(14) A statement of whether the applicant or a subsidiary, an affiliate, or a person controlled by or under common control with the applicant has ever had a mining bond or similar security deposited in lieu of bond forfeited, and if so, a brief explanation of the facts involved and identification of the state in which this action occurred;

(15) A listing of all notices of violations, and their final resolution, of a federal statute or regulation, or a state statute or rule pertaining to air quality or water quality incurred by the applicant or a subsidiary, an affiliate, or a person controlled by or under common control of the applicant in connection with any mine during the three-year period before the date of the application;

(16) A mining plan per § 6-171.

(b) Permit renewals and transfers. Permits issued pursuant to this Article are renewable or transferable. A complete application for renewal or transfer shall be submitted to the Administrator accompanied by a $10,000 application fee, and, shall contain the following information:

(1) Completed application form consistent with the requirements of § 6-168(a);

(2) An updated mining plan;

(3) A written description of any changes to the mining plan;

(4) An identification of reclamation accomplished during the existing permit term;

(5) Copies of all applications, approvals or permits needed from other city, county, state or federal agencies; and

(6) Other related information that may be required by the Administrator consistent with the objectives and requirements of this Article.

(c) Permit modifications. In the event that the operator requests a modification to an existing permit because of a change in mining method, depth or the expansion into additional lands as examples, that application will be treated as a new application, and all requirements of this Article will apply. The original permit conditions will remain in effect until a decision has been made on the modification application.

(Ord. D-1686-04, 4-18-05)

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

Hosted by: American Legal Publishing

Back to Code Library

Previous Doc

Next Doc