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Substitute <br /> Bill No. 58-90 <br /> Ordinance No. �//Y 9L ) <br /> AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND <br /> AMENDING CHAPTER 4, ARTICLE 4, SECTION 4-51, COMMONLY KNOWN <br /> AS SCRAP METAL DEALERS, JUNK DEALERS, RECYCLING OPERATIONS, <br /> AND TRANSFER STATIONS. <br /> STATEMENT OF PURPOSE AND INTENT <br /> It has come to the attention of the Common Council that <br /> further refinement of various regulations addressing <br /> licensing of scrap metal dealers, junk dealers, recycling <br /> operations, and transfer stations, are in order. <br /> More specifically, the attached bill would set forth <br /> reasonable regulations with regard to required fencing for <br /> such operations. <br /> Additionally, it sets forth specific timetables in which <br /> applicants for such a license must comply with all of the <br /> requirements as a part of the licensing procedure and <br /> incorporates an ordinance violation fine for all continuing <br /> violations. <br /> It is believed that the ordinance is in the interest of <br /> improving current regulations this area. <br /> NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE <br /> CITY OF SOUTH BEND, INDIANA, as follows: <br /> SECTION I: Chapter 4, Article 4, Section 4-51 (1) entitled <br /> "Operation and Maintenance Rules and Regulations" of the <br /> South Bend Municipal Code is hereby amended in part to read <br /> as follows: <br /> (1) Operation and maintenance rules and regulations: <br /> (1) All scrap and junkyards, recycling operations and <br /> transfer stations, shall be maintained and operated in <br /> compliance with all applicable fire, health and public <br /> safety laws of the State and the provisions of this Code and <br /> other ordinances of the City. <br /> (2) The operators of such yards shall conform with the <br /> following rules and regulations: <br /> a. Minimum lot area for new yards: All new scrap <br /> and junkyards, recycling operations and transfer stations <br /> shall have a minimum lot area of one (1) acre and shall be <br /> zoned "E" Heavy Industrial pursuant to the zoning provisions <br /> of this Code. <br /> b. Fencing: There shall be two (2) types of <br /> fencing required to enclose all scrap and junkyards, <br /> recycling operations, or transfer stations: <br /> 1. Type A fencing shall consist of fireproof <br /> material and shall be a minimum of six (6) feet in height, <br /> and constructed so that it can retain all scrap and junk <br /> materials within such yards. This fencing shall be of <br /> uniform material and color and shall be kept in good repair <br /> at all times. Type A fencing shall be used except when Type <br /> B fencing is specifically required. <br /> 2. Type B fencing shall consists of opaque <br />