HomeMy Public PortalAbout016-1995 Amending section 74.16 and repealing section 130.05 of the city codeORDINANCE NO. 16-1995
A GENERAL ORDINANCE AMENDING SECTION 74.16 AND REPEALING
SECTION 130.04 OF THE RICHMOND CODE
WHEREAS the Police Department has reported problems with parked cars in alleys and the
difficulty of enforcing Section 74.16 of the Traffic Code to the Board of Public
Works & Safety, and
WHEREAS the Board of Public Works & Safety has recommended the banning of vehicle
parking in the travelled portion of all alleys, and
WHEREAS the Police Department's enforcement of Section 130.04 has resulted in a lawsuit
being filed in United States District Court challenging the constitutionality of
ordinance 1012-1932, and
WHEREAS the Law Department has determined that Section 130.04 is overly broad in its
prohibition against the distribution of hand bills and literature, and recommends that
it be repealed,
NOW, THEREFORE, be it ordained by the Common Council of the City of Richmond, Indiana,
that Section 74.16 of the Richmond Code be amended to read as follows:
"No person shall park a vehicle within the travelled portion of a public alley within the City
and leave the vehicle unattended. Any person violating this section shall be fined $25.00
plus the cost of towing and impounding said vehicle."
Be it further ordained by the Common Council of Richmond, Indiana, that Section 130.04 of the
Richmond Code be repealed
Passed and adopted this 6th day of March, 1995, by the Compnon Council of the City of
Richmond, Indiana. A441,President
(Sarah L. Hutton)
A'TTES City Clerk
Ak==Caues)
PRESENTED to the Mayor of the Ci of Richmon , diana, this th day of March, 1995, at 9:00
a.m.
,City Clerk
(Norma Carnes)
APPROVED by me, Roger Cornett, May e o Richmond, Indiana, this 7th day of
March, 1995, at 9:00 a.m.
,Mayor
ett)
ATTES 61 City Clerk
orma Carnes)
CITY OF RICHMOND
DEPARTMENT OF LAW
50 North 5th Street
Richmond, Indiana 47374
Phone (317) 983-7220
Fax (317) 966-2255
March 3,1995
Common Council
Richmond, IN 47374
RE: Ordinance 16-1995
Dear Council Member:
ROGER CORNETT
Mayor
THOMAS S. MILLIGAN
City Attorney
The amendment of Section 74.16 of the Richmond Code is recommended by the Board of Public Works &
Safety in recognition of problems with cars parked in public alleys.
Captain Michael Chambers of the Police Department's Traffic Division brought these problems to the
Board's attention at its March 2nd meeting.
The repeal of Section 130.04, which was adopted in 1932 as an anti -litter ordinance, has been
challenged by a law suit in United States District Court as a restriction on one's right of free speech and
expression.
The Law Department has concluded that it is an overly broad prohibition even though it was intended
to reduce the distribution of hand bills and other advertising matter in public places for
"housekeeping" purposes.
This ordinance can be passed with all three readings in a single meeting upon suspension of rules to
advance to second and third readings.
Sincerely yours,
✓ lJ"y`�
Thomas S. Milligan
City Attorney
Enclosures
TSM/ags