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Amending Addressing Leaf Buring Fire Prevention and Air Pollution
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Amending Addressing Leaf Buring Fire Prevention and Air Pollution
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12/17/2012 9:14:03 AM
Creation date
12/17/2012 9:14:02 AM
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City Council - City Clerk
City Council - Document Type
Ordinances
City Counci - Date
7/25/1988
Ord-Res Number
7895-88
Bill Number
47-88
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(2) Issue a citation to the violator imposing a One Hundred <br /> dollar ( $100.00) fine for each subsequent violation after a <br /> warning notice has been issued. <br /> (b) Each subsequent starting, kindling, causing, or allowing of a new <br /> fire after a warning notice or citation has been issued, shall be <br /> considered a separate offense for which a citation has been issued, shall <br /> be considered a separate offense for which a citation may be issued. <br /> (c) The warning notice issued under this Article shall contain the <br /> date, time, name and address of the violator, the Code section violated, <br /> nature of violation, location of the violation(s) , the name of the officer <br /> or inspector issuing the warning notice and the telephone number of the <br /> office to contact for information. <br /> (d) The citation issued under this Article shall contain the date, <br /> time, name and address of the violator, the code section violated, the <br /> nature of the violation, location of the violation, the name of the <br /> officer or inspector issuing the citation and instructions as to the <br /> disposition of the citation. <br /> (e) In such instances where a leaf burning fire results in damage and <br /> is determined to be caused by negligence or the wilful disregard or <br /> violation of any of the provisions of this Article, a fine equal to the <br /> cost expended by the City to send fire suppression personnel and equipment <br /> to the location shall be assessed with said fine not exceeding two <br /> thousand five hundred dollars ($2,500.00) . <br /> (f) In the case of indigency of the defendant, the provisions of <br /> Section 1-24 of this Code shall apply. <br /> Sec. 9-25. Sunset Provision. <br /> This ordinance shall be in effect until January 1, 1991, at which time <br /> burning of leaves, rubbish or trash shall be banned within the City of <br /> South Bend. <br /> Section II. The following sections of the Municipal Code are hereby <br /> repealed: <br /> Sec. 9-7 Bonfire, trash or rubbish fires prohibited except by permit; <br /> approval of containers used. <br /> Sec. 13-76 Leaf burning forbidden except during specified times; <br /> penalty. <br /> Section III. This Ordinance shall be in full force and effect from <br /> and after its passage by the Common Council, approval by the Mayor, and <br /> legal publication. <br /> -mb, r of the Common Council <br />
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