Amending the Leaf burning, fire prevention, and air pollution control

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Substitute Bill No. 47-88 (Version No. 1) Ordinance No. ~~~~ - ~"~ AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF THE MUNICIPAL CODE ADDRESSING LEAF BURNING, FIRE PREVENTION, AND AIR POLLUTION CONTROL STATEMENT OF PURPOSE AND INTENT On June 7, 1988, the "Task Force on Leaf Burning Recommendations" presented its report to the Residential Neighborhoods Committee of the Common Council, the Council, and the Mayor. The report was the result of many weeks of meetings of the Task Force and the review of a multitude of documents. The majority report recommended to: ban burning in the Spring, to allow leaf burning in the Fall by permit only, and to "phase-down to a no burn environment by 1991." A minority report was also filed which recommended that burning be banned in the spring but be allowed in the Fall on alternate days, rather than on a permit basis. The following ordinance incorporates the recommendations of the minority report of the Task Force and sets forth the necessary amendatory language to incorporate such language. The Common Council believes that the following ordinance, which is based on public health, safety and welfare concerns, sets forth reasonable rules and regulations which are in the best interests of our City. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. Chapter 9 of the Municipal Code of the City of South Bend, Indiana is amended by the inclusion of new Article 4 which shall read in its entirety as follows: Chapter 9 Fire Prevention Article 4. Leaf Burning and Air Pollution Control. Sec. 9-19. Intent and Purposes of Article. The Common Council believes that reasonable regulations should be enacted to minimize air pollution caused by burning within our City. Sec. 9-20. Types of Burning Prohibited. (a) No person shall start, kindle, cause, allow, or maintain any form of leaf burning or rubbish or trash burning on private or public property. except as specifically authorized by this Code. (b) No t~erson shall burn or cause to be burned, any leaves, grass, tree limbs, branches, paper, rubbish or trash, upon any street, alley, or sidewalk within the City.