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