03-24-14 Council Agenda & Packet

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6-�'q 0; , l � -(y ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 4, ARTICLE 4, SECTION 38 OF THE SOUTH BEND MUNICIPAL CODE TO REVISE PROVISIONS FOR LICENSING OPEN AIR BUSINESSES AND TO INCLUDE DONATION BOXES AND OTHER CONTAINERS DESIGNED TO ACCEPT OR TO DISTRIBUTE USED ITEMS STATEMENT OF PURPOSE AND INTENT The purpose of this ordinance is to amend Chapter 4 of the South Bend Municipal Code to revise provisions for the licensing of open air businesses and to provide for licensing of containers designed to collect donations of used items. The Common Council of the City of South Bend determines that from time to time donation boxes or other large containers are placed on public or private property for the purpose of accepting donations of used items. Historically such containers have been used by local charitable organizations. As a general rule, such containers have been monitored by the local organizations responsible for them, and items left outside such containers have been removed promptly by the local organizations. In addition, the information on such containers has clearly identified the organization responsible for the containers, and the general public was able to ascertain whether the items placed into the containers would be used for the benefit of a local charitable organization. Further, the local organizations responsible for the containers could easily be contacted in the event that items were left outside the containers or the containers needed to be emptied or maintained. Recently, however, numerous containers have been placed throughout the City by both for -profit and not- for -profit organizations, many of which do not have a local contact person to reach in the event that the box should be emptied or maintained or to remove items discarded outside the boxes. In addition, information on the boxes has not informed donors of the ultimate use of the donated items, nor whether the items would be used to serve a for -profit or not - for -profit goal. The Common Council of the City of South Bend finds that the general public should know if items placed in donation boxes will support local charities. The Common Council also finds that the City administration should be able to contact a local person or organization for prompt removal of items or maintenance of the containers if necessary. For these reasons, the Common Council believes that it is necessary to provide for licensing such containers. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. Chapter 4, Article 4, Section 38 of the South Bend Municipal Code shall be, and hereby is, amended to read as follows: