Loading...
Two copies of all material incorporated by reference into this Code are on file and shall be kept on file for public inspection in the office of the City Clerk.
(`91 Code, § 1-8)
(Ord. D-2505-19, 12-16-19)
Statutory reference:
Requirement that two copies of material incorporated by reference be kept on file in the office of the Clerk-Treasurer for public inspection, see I.C., 36-1-5-4
(a) By contract or by City personnel, supplements to this Code shall be prepared and printed whenever authorized or directed by the Common Council. A supplemental to the Code shall include all substantive permanent and general parts of ordinances adopted during the period covered by the supplement and all changes made thereby in the Code. The pages of a supplement shall be so numbered that they will fit properly into the Code and will, where necessary, replace pages which have become obsolete or partially obsolete, and the new pages shall be so prepared that, when they have been inserted, the Code will be current through the date of the adoption of the latest ordinance included in the supplement.
(b) In preparing a supplement to this Code, all portions of the Code which have been repealed shall be excluded from the Code by the omission thereof from reprinted pages.
(c) When preparing a supplement of this Code, the codifier (meaning the person, agency or organization authorized to prepare the supplement) may make formal, nonsubstantive changes in ordinances and parts of ordinances included in the supplement, insofar as it is necessary to do so to embody them into a unified code. For example, the codifier may:
(1) Organize the ordinance material into appropriate subdivisions;
(2) Provide appropriate catchlines, headings and titles for sections and other subdivisions of the Code printed in the supplement, and make changes in such catchlines, headings and titles;
(3) Assign appropriate numbers to sections and other subdivisions to be inserted in the Code and, where necessary to accommodate new material, change existing section or other subdivision numbers;
(4) Change the words “this ordinance” or words of the same meaning to “this chapter,” “this article,” “this division,” etc., as the case may be, or to “sections _______ to _______” (inserting section numbers to indicate the sections of this Code which embody the substantive sections of the ordinance incorporated into the Code); and
(5) Make other nonsubstantive changes necessary to preserve the original meaning of ordinance sections inserted into the Code; but in no case shall the codifier make any change in the meaning or effect of ordinance material included in the supplement or already embodied in the Code.
(`91 Code, § 1-9)
It is declared to be in the intention of the Council that the sections, paragraphs, sentences, clauses, phrases of such Code are severable and if any phrase, clause, sentence, paragraph, section, article, division, or chapter of such Code shall be declared unconstitutional or invalid by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of such Code.
(`91 Code, § 1-10) (Ord. D-700, § 7, 6-20-91)
(a) Any person violating any of the provisions of this Code shall be guilty of an ordinance violation.
(b) Each day a violation of this Code is committed or permitted to continue shall constitute a separate offense.
(c) Except in cases where a different punishment is prescribed by statute or a specific section of this Code, any person convicted of an ordinance violation shall be punished by a fine of not more than $2,500 for each independent offense or violation.
(d) Whenever in this ordinance or in such Code an act is prohibited or is made or declared to be unlawful, or whenever in this ordinance or in such Code the doing of any act is required or the failure to do any act is declared to be unlawful, the violation of any such provision of this ordinance or of such Code shall be punished by a fine not exceeding $2,500. The fine assessed for the violation of any ordinance requiring a license may be a sum equal to the amount required by the ordinance to be paid for such license, unless otherwise provided.
(Ord. D-700, § 8, 6-20-91)
(e) In addition to the penalties hereinabove provided, any condition caused or permitted to exist in violation of any of the provisions of such Code shall be deemed a public nuisance and may be by the City abated as provided by law, and each day such condition shall continue to be regarded as a new and separate offense.
(Ord. D-700, § 9, 6-20-91)
(f) The City may bring a civil action to enjoin any person from:
(1) Violating any ordinance regulation or prohibiting a condition or use of property; or
(2) Engaging in conduct without a license if any ordinance requires a license to engage in the conduct.
(g) The Court may suspend all or any part of a penalty imposed for an ordinance violation and may require as a condition of such suspension that the defendant shall perform uncompensated work that benefits the community.
(h) Any person adjudged guilty of violating any provision of this Code may also be adjudged to pay the costs of prosecution.
(`91 Code, § 1-11)
Statutory reference:
Infraction and ordinance violation enforcement proceedings, see I.C., 34-4-32-1 through 34-4-32-5 Injunctions, see I.C., 36-1-6-4 Maximum ordinance violation amounts, see I.C., 36-1-3-8
Ordinance violations affecting real property and the City taking expenses of compliance as a lien against the property, see I.C., 36-1-6-2
All copies of the Carmel City Code except those sold by the City to private individuals or given or sold to public libraries shall be the property of the City. Any such copies delivered to elected or appointed officials shall not be retained by said individuals after the expiration of their term(s) of office or appointment.
(`91 Code, § 1-12)
(a) The following codification and revision of ordinances consisting of Chapters 1 through 12, inclusive, entitled "Carmel City Code," two copies of which shall be kept on file in the office of the Clerk-Treasurer is adopted and enacted as the Carmel City Code.
(b) The format of the Carmel City Code is as follows:
Title Page
Preface Page
Table of Contents Page
City Certification Page
History of Carmel Pages
City Officials Page
Chapter 1 - General Provisions
Chapter 2 - City Administration
Chapter 3 - Legislative and Judicial Branches
Chapter 4 - Fees, Licenses, Permits, and Franchises
Chapter 5 - Parks and Recreation
Chapter 6 - Public Health and Safety
Chapter 7 - Building Code
Chapter 8 - Traffic and Parking Regulations
Chapter 9 - Utilities
Chapter 10 - Zoning and Subdivisions
Chapter 11 - Parallel References
Chapter 12 - Index
(c) It shall be treated and considered as a new and original codification and revision of ordinances of the City which shall supersede all other general and permanent ordinances passed and adopted by the Common Council before September 17, 1990, the date when Ordinance No. D-673 was passed, the last ordinance included therein, except those exceptionally saved from repeal or continued as restatements or reenactments or original Ordinances and amendments thereto which are in force and effect for any purpose.
(Ord. D-700, § 1, 6-20-91)
(d) All provisions of the Carmel Code shall be in full force and effect following publication of this ordinance, and all ordinances of a general and permanent nature of the City enacted on final passage on or before September 17, 1990, are not incorporated in this Code or recognized and continued in force by reference therein are hereby repealed from and after the effective date of this ordinance, except as herein provided.
(Ord. D-700, § 2, 6-20-91)
(e) The repeal provided for in subsection (d) shall not affect any offense or act committed or done or any penalty or forfeiture incurred or imposed before the effective date of this ordinance; nor shall such repeal affect any ordinance or resolution promising or guaranteeing the payment of money for the City, or authorizing the issuance of any bonds of the City or any evidence of the City's indebtedness, or any contract or obligation assumed by the City; nor shall such repeal affect the administrative ordinances or resolutions of the Council, not in conflict or inconsistent with the provisions of such Code; nor shall such repeal affect any right of franchise granted by any ordinance or resolution of the Council of any person, firm or corporation; nor shall such repeal affect any ordinance dedicating, naming, establishing, locating, relocating, opening, closing, paving, widening or establishing grades of any street or public way in the City; nor shall such repeal affect any ordinance levying or imposing taxes not included herein; nor shall such repeal affect any ordinance or Resolution relating to salaries of City employees; nor shall such repeal affect any ordinance providing for local improvements and levying special assessments therefor; nor shall such repeal affect any ordinance dedicating or accepting any plat or ordinance extending the boundaries of the City; nor shall such repeal affect any ordinance or resolution establishing, or modifying the boundaries or zoning districts, or changing the zoning classification of any lot or parcel of land. Each of the above-mentioned ordinances shall in no way be repealed by this ordinance except as the same may be in conflict with the provisions of such Code.
(Ord. D-700, § 3, 6-20-91)
(f) Any and all additions or amendments to such Code, when passed in such form as to indicate the intention of the Council to make the same a part thereof, shall be deemed to be incorporated in such Code, so that reference to the Carmel City Code shall be understood and intended to include such additions and amendments.
(Ord. D-700, § 4, 6-20-91)
(`91 Code, § 1-14)
(Ord. D-2505-19, 12-16-19)
Loading...