9673-06 Amend Chapter 4 - Theft of Aluminum, Copper, and Related Items

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(April 20, 2006) Ordinance No, ~13-0~ Substitute Bill No.12-06 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF ARTICLE 4, CHAPTER 4 OF THE SOUTHBEND MUNICIPAL CODE TO HELP CURTAIL THE THEFT OF ALUMINUM, COPPER AND RELATED ITEMS STATEMENT OF PURPOSE AND INTENT The South Bend Common Council is becoming increasingly aware of the growing problem in our city involving the theft of aluminum, copper pipes and tubes, coiled razor wire, bronze and related items. Thefts at construction sites are increasing. These problems are not unique to the City of South Bend, and appear to be part of illegal activities which are taking place nationally. In light of the problems related to meth and drug users; copper pipes and wiring are becoming new targets as a potential way to support such habits. Stolen property reports are increasing in the City of South Bend. Damage caused by such thefts in tearing out drywall to get to wiring and piping from partially finished buildings and from finished buildings must be curtailed. Theft of aluminum siding must also be stopped. Too often, such thefts are not always covered by insurance or result in higher premiums, which further compound the situation. The following regulations are introduced in the interest of addressing such problems in a manner which is in the best interests of protecting the South Bend residents and businesses. These regulations address the purchase of such items when a single transaction results in less than one hundred dollars ($100.00), since transactions above that amount are governed by Indiana Code § 25-37.5-1 which address "Dealers in Valuable Metals". The following regulations also require better accountability procedures so that applications by persons who wish to operate as a scrap metal dealer, junk dealers; or operate a recycling operation are dealt with in a timely manner. Resolution No. 3405-04 seeking approval of the issuance of scrap metal/junk dealers/transfer station licenses for calendar year 2004 was not submitted to the Council until December 8, 2004, with Council approval taking place on December 13, 2004. Resolution No. 3504-OS seeking approval of the issuance of scrap metal/junk dealers/transfer station licenses for calendar year 2005 was not submitted to the Council until October 18, 2005, with Council approval taking place on October 25, 2005. It also includes amendments in light of the new zoning classifications. In light of the extensive EPA, IDEM and Solid Waste Management Board regulations governing transfer stations including but not limited to requirements of Indiana Code § 13-22-9-1 et seq., Indiana Code § 13-19-4-1 et seq., and Indiana Code § 13-20-6-1 et seq.; the proposed ordinance amendments would delete transfer stations from the city's licensing procedures, but would require all transfer stations operating in the City of South Bend to comply with all federal and state regulations as well as the City's zoning and applicable health and safety regulations.