Amending Chapter 4 Fertilizer Manufacturing Facilities

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SUBSTITUTE BILL 144-84 ORDINANCE NO. 7 a2-IS' AN ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 4, ARTICLE 4, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, BY THE INCLUSION OF A NEW SECTION 4-23 ENTITLED FERTILIZER MANUFACTURING FACILITIES STATEMENT OF PURPOSE AND INTENT: The Common Council believes that it is in the best interest of public health and safety to establish reasonable licensing and operating requirements for facilities which process certain substances into fertilizer. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL of the City of South Bend , Indiana, as follows : SECTION I. Chapter 4, Article 4, of the Municipal Code of the City of South Bend , is hereby amended by the inclusion of a new Section 4-23, as follows : Section 4-23 Fertilizer manufacturing facilities . (A) Definitions : For the purpose of this section, specific terms shall be defined as follows : 1 . Organic waste shall mean any waste material relating to or derived from living organisms . 2 . Fertilizer shall mean any substance derived from the processing of organic waste and designed to have or claimed to have value in promoting plant growth. 3 . Fertilizer manufacturing facility shall mean any facility or location where organic waste is processed commercially for the purpose of turning it into fertilizer, but does not include a location where manure or crop residue is returned to the soil at the point of generation as part of a total farm or gardening operation. (B) License Required : No person, firm or corporation shall operate a fertilizer manufacturing facility without first obtaining a license from the office of the City Controller. (C) License Procedure: 1 . License applications and renewal applications shall be made upon forms provided by the City Controller. The forms shall contain the following information : a. Legal name of applicant; b . Present address and phone number of applicant; c. Street address of proposed site of operation; d . Zoning of proposed site. e. Number of off-street parking spaces available ;