HomeMy WebLinkAbout9673-06 Amend Chapter 4 - Theft of Aluminum, Copper, and Related ItemsORDINANCE No.
9673-06
Passed by the Common Council of the City of South Bend, Indiana
April 27,
Attest:
Attest:
Presented by me to the Mayor of the Ciry of South Bend, Indiana
April 28, 06
20 _
City Clerk
President of Common Council
Ciry Clerk
Approved and sigized by me April 2 8 , 20 0 6
Mayor
20 6
(April 20, 2006)
Ordinance No, ~13-0~
Substitute Bill No.12-06
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, AMENDING VARIOUS SECTIONS OF ARTICLE 4, CHAPTER 4
OF THE SOUTHBEND MUNICIPAL CODE TO HELP
CURTAIL THE THEFT OF ALUMINUM, COPPER AND RELATED ITEMS
STATEMENT OF PURPOSE AND INTENT
The South Bend Common Council is becoming increasingly aware of the growing problem
in our city involving the theft of aluminum, copper pipes and tubes, coiled razor wire, bronze and
related items. Thefts at construction sites are increasing. These problems are not unique to the City
of South Bend, and appear to be part of illegal activities which are taking place nationally.
In light of the problems related to meth and drug users; copper pipes and wiring are
becoming new targets as a potential way to support such habits. Stolen property reports are
increasing in the City of South Bend. Damage caused by such thefts in tearing out drywall to get to
wiring and piping from partially finished buildings and from finished buildings must be curtailed.
Theft of aluminum siding must also be stopped. Too often, such thefts are not always covered by
insurance or result in higher premiums, which further compound the situation.
The following regulations are introduced in the interest of addressing such problems in a
manner which is in the best interests of protecting the South Bend residents and businesses. These
regulations address the purchase of such items when a single transaction results in less than one
hundred dollars ($100.00), since transactions above that amount are governed by Indiana Code §
25-37.5-1 which address "Dealers in Valuable Metals".
The following regulations also require better accountability procedures so that applications
by persons who wish to operate as a scrap metal dealer, junk dealers; or operate a recycling
operation are dealt with in a timely manner. Resolution No. 3405-04 seeking approval of the
issuance of scrap metal/junk dealers/transfer station licenses for calendar year 2004 was not
submitted to the Council until December 8, 2004, with Council approval taking place on December
13, 2004. Resolution No. 3504-OS seeking approval of the issuance of scrap metal/junk
dealers/transfer station licenses for calendar year 2005 was not submitted to the Council until
October 18, 2005, with Council approval taking place on October 25, 2005. It also includes
amendments in light of the new zoning classifications.
In light of the extensive EPA, IDEM and Solid Waste Management Board regulations
governing transfer stations including but not limited to requirements of Indiana Code § 13-22-9-1
et seq., Indiana Code § 13-19-4-1 et seq., and Indiana Code § 13-20-6-1 et seq.; the proposed
ordinance amendments would delete transfer stations from the city's licensing procedures, but
would require all transfer stations operating in the City of South Bend to comply with all federal
and state regulations as well as the City's zoning and applicable health and safety regulations.
Scrap Metal Dealers, Junk Dealers, Valuable Metal Dealers, Recycling Operations and Ordinance
Substitute Bill No. 12-06
Page 2
The new regulations are believed to be reasonable and necessary in furthering the health
and public safety interests of our community.
~ocr~, ~1~~~e, ~e i,G~ a~~~ ~r~ed by the Common Council of the City of South Bend,
Indiana, as follows:
Section I. Chapter 4, Article 4, Section 4-51 of the South Bend Municipal Code shall be
amended to read in its entirety as follows:
Sec. 4-51 Scrap Metal Dealers, Junk Dealers, Valuable Metal Dealers and Recycling
Operations .*
(a) Definitions. As used in this section:
(1) Business records mean the records of an~purchase, trade, barter or other transaction
that involves the receipt of scrap metal and/or valuable metals which are required as part of the
licensing_procedures addressed herein, but do not include correspondence, tax returns or financial
statements.
(2) Ferrous metals mean those metals which will attract a magnet.
~ ~ Junk dealers mean any person who keeps or maintains a yard, covered or
uncovered, space or place, within the City for the purpose of, and engaging in the business of,
buying or selling, exchanging or storing of old or used materials, bottles, glassware, paper, bagging,
rags or rope, or any other type of material commonly referred to as "junk."
(4) Nonferrous metals mean those metals which will not normally attract a magnet,
including copper, brass and aluminum.
(5) Purchase means acquiring an item of value where consideration is to be paid.
(6) Purchase of valuable metal means acquiring a valuable metal product or products by a
valuable metal dealer in a single transaction of less than one hundred dollars x$100.00), but does not
include purchases between scrap metal processing facilities which are defined in Indiana Code § 8-
12-1-3 d .
{~} ~ Recycling operators means any person who keeps or maintains a yard, covered or
uncovered, space or place, within the City for the purpose of, and engaging in the business of,
buying or selling, exchanging or storing of old or used materials, junk, scrap metals, or scrap
materials.
* New amendments are underlined or
Scrap Metal Dealers, Junk Dealers, Valuable Metal Dealers, and Recycling Operations Ordinance
Substitute Bill No. 12-06
Page 3
~ ~ Scrap metal dealer means any person who keeps and maintains a yard, covered or
uncovered, space or place, within the City for the purpose of, and engaging in the business of,
buying or selling, exchanging or storing of old or used metals, tinware, brass, copper, iron, lumber,
old automobiles, or any other such type of material commonly called and referred to as "scrap
metals."
(9) Scrap metals include insulated and uninsulated metallic cables.
f4) ~ Scrap or junk materials means any used metal, both ferrous and nonferrous,
lumber, old automobiles, bottles, old glassware, old tinware, paper, rags, iron, lumber or any other
such materials commonly called and referred to as "scrap or junk materials"; with aluminum
beverage cans or tin cans being excluded.
(~} ~ Scrap or junkyard means any yard, area, space or place, either covered or
uncovered, enclosed or unenclosed, maintained and actually used for the purpose of the
accumulation or the buying or selling, storing or exchanging of any such scrap metals, junk or scrap
materials.
{~} ~ Transfer station means a place or location where scrap metals, junk, trash or
garbage or scrap materials are deposited and then transferred in larger quantities by a different
carrier, which are governed by extensive state and federal regulations and further regulated by the
Indiana Department of Environmental Mana ement IDEMI, the Solid Waste Management Board
and the Environmental Protection Ag_enc~(EPA) and exempt from the provisions of this Article.
(13 Valuable metal means any product made of copper, copper alloy, brass, aluminum,
aluminum ally, ferrous metals or nonferrous metals.
(14 Valuable metal dealer means any individual, firm, corporation, limited liability
company, or partnership engaged in the business of purchasing and reselling valuable metal either at
a permanently established place of business or in connection with a business of an itinerant nature,
including_junk shops, junk yards, junk stores, auto wreckers, scrap metal dealers or processors,
salvage yards, collectors of or dealers in junk, and junk carts or trucks.
(b) Rule-making authority of Board of Public Works. The Board of Public Works may have the
authority to adopt rules and regulations related to the monitoring_and enforcement of this Section,
pursuant to the following procedure:
(1) The Board shall give at least two (2) weeks' written notice of the meeting date, time and
location at which any rules or regulations may be considered for adoption. adapted. Said notice
shall be sent to the City Clerk, Common Council Members, Fire Prevention Bureau, and the
Neighborhood Code Enforcement Office.; and such notice must be conspicuousl}~ posted on the
City's website.
Scrap Metal Dealers, Junk Dealers, Valuable Metal Dealers, and Recycling Operations Ordinance
Substitute Bill No. 12-06
Page 4
(2) The Board shall enclose a verbatim copy of all proposed rules and regulations with each
notice sent pursuant to this subsection; and must conspicuouslx post such proposed rules and
regulations verbatim on the City's website.
(3) No rule or regulation shall be adopted which would in effect amend the procedures
included in Section 4-51 of this Code; nor shall the Board adopt any rule or regulation which
broadens the intent of that section.
(4) Upon the adoption of any rule or regulation, the Clerk of the Board of Public Works
shall send a copy of the same to the City Clerk, Common Council Members, Fire Prevention
Bureau, and the Neighborhood Code Enforcement Office; with this taking lace within twen -four
(24) hours after the Board's action. The Clerk of the Board of Public Works shall also be required
to post such rules or regulations on the City's website within twenty-four (24) hours after the
Board's action. Rules and/or regulations which are not in compliance with this subsection shall be
null and void.
(c) Resolutions Required. No person shall engage in the scrap or junk material business or hold
himself forth as a dealer in scrap materials or scrap metals, or as a valuable metal dealer, or keep or
maintain a scrap or junkyard, or recycling operation ^~ *r°^~~°Y ~*^*~^~ within the City without first
procuring from ~~ ~°°ra °~ n„~''~:r'~~r'n'T~ the Common Council, a resolutions approving the
issuance of a license for the conduct of such business and the maintenance and operation of such
metal yard, junkyard, or recycling operation. ^r *~°^~~ Y ~*°*~°~
(d) Application; Zoning Restrictions:
(1) An application for a license under this section shall be filed with the Department of
Administration and Finance and it shall be accompanied by a drawing or diagram showing the
property lines of the proposed scrap or junkyard, or recycling operation. ^r +~°„~~ ~ ~*°*~°~
(2) No license shall be issued to any proposed scrap or junkyard, recycling operation or
transfer station for a location within one thousand (1,000) feet of any lot being lawfully used,
entirely or in part, as asingle-family, two-family or multi-family dwelling, or any of the following
zoning use districts as defined by the zoning chapter of this Code:
a '^" v°~~a°-'*~°' rs°+ri°*, SF1 Single Family and Two Famil~District
b.-~~esiQe~i~Bi~tric~; SFZ Single Family and Two Family District
c. "n ~~~ nt°,,.,°a n°~:a°„+;°t n°.,°~,,,,,...,°„+ r~:~...:°~~ MF1 Urban Corridor
~-L ~~~~~~~z~~~a
Multifamil~District
..s Z~itnc: c~ -QJ~L'rr'Gir[i-z~ziii~l~JILTGTIC1TCr[IIiC['G~TiuiIGTi7IiTr D'TJaT\.Z,
~B'~cc~ia°circia'rar$tizcc; d. MF2 High-Density Multi-Family District
~B rp~esldentia~Bistric~, e. OB Office Buffer District
" f. MU Mixed Use District
~- ,
Scrap Metal Dealers, Junk Dealers, Valuable Metal Dealers, and Recycling Operations Ordinance
Substitute Bill No. 12-06
Page S
g_"O" Office District,
~~nu~~~ n,.^~ ~~;^,,.,~nro„~~~, r.,,-o,,;r+,.;^f~ h. LB Local Business District
j-~z
i. CB CommunityBusiness District
,j. CBD Central Business District
k. GB General Business District
unless such footage requirement is waived by specific resolution of the Common Council. Such
resolution must incorporate one of the following considerations for such a waiver: that the majority
of the business operation would take place within an enclosed structure, that the business would be
located beyond one-half of the footage requirement or that a majority of the owners affected by the
new business which are within the one thousand-foot requirement give approval.
(3) The foregoing subsection (2) shall not apply to any scrap or junkyard licensed as of the
effective date of this ordinance. If the license for the scrap or junkyard lapses for any period of
time, is revoked or is not renewed for any reason, then the provisions of the foregoing subsection
(2) shall apply to the scrap or junkyard.
(e) Approvals Required.•
(1) Upon receipt of an application for the issuance of a license for the maintenance and
operation of a scrap or junkyard, or recycling operation, ^r +r^^~~ r ~+^*~^^, at a location not
previously licensed, the C--Ierk-er~' •~~~'.~~ Department of Administration and
Finance shall won receipt date-stamp the application and immediately submit the application to the
Fire Prevention Bureau and the Department of Code Enforcement for their inspections; and also
rp ovide notice of the filing of said application via email to the Office of the City Clerk and the
Common Council. The Bureau and Department of Code Enforcement shall cause the premises
where such proposed scrap or junkyard, or recycling operation is to be located to
be visited and inspected for the purpose of determining whether such premises are fit and proper for
the maintenance and operation of such a business. All inspections must be completed by the Code
Enforcement and the Fire Department's Fire Prevention Bureau within ten L10) business days of the
receipt of an application bkthe City.
(2) The application shall also be referred to the South Bend Police Department for review
and recommendation. The Police Department shall conduct an investigation of each applicant and
make a recommendation to the Office of the City Controller as to whether the application should be
granted. In making its recommendation, the Police Department shall consider the criminal histor~of
the applicant, if any, and the likelihood that grantin tg he application will endanger the health, safe
or welfare of the public. A report of the investigation and a copy of the traffic and police record of
the applicant, if any, and the recommendation of the Police Department shall be attached to the
application for the consideration of the Office of the City Controller. The Office of the CitX
Controller shall consider the recommendation of the Police Department, and all information
provided with or in support of the application in determining whether the application should be
ranted.
Scrap Metal Dealers, Junk Dealers, Valuable Metal Dealers, and Recycling Operations Ordinance
Substitute Bill No. 12-06
Page 6
~~ -t~~v
C-ea° ~~~ r^°m°^+. The~eard Department of Administration and Finance shall review all
applications within fifteen (15) business days of their receipt, make an advisory recommendation to
the Common Council ate, file an appropriate resolution with the Office of the Clerk of the
Common Council for Council action, and make a formal presentation to the Common Council and
the appropriate Council Standing Committee on all such resolutions.
In the event that an applicant does not meet current Code requirements as evidenced in writing
through the City Administration's inspection process, the Beams Department of Administration and
Finance may issue an interim license for such an
applicant, with notice being_given to the Office of the City Clerk and the Common Council. Interim
licenses shall expire within sixty (60~ys, unless the applicant can prove to the Beam
Department of Administration and Finance that there are extenuating circumstances requiring an
extension, which shall require notice to the City Clerk and Council of the date of expiration. ~
(f) License Procedure; Posting ofLicense Required; r;°^,~~^ a,r „ ~r^+ ~.^ T ,.,~..~ .,u^a.
(1) _T T,.~,,, +T,° F ...,..,l,l° ,.° °f ^~ .. ..1:^.,«+ 1.,.. +T,° ~;«° D..°..°„+;.`., T2,,,.°.,,, .,.,.7 +1,,,
ll l '
A_
resolution shall be submitted to the Common Council for its consideration and passage adoption. e€
r~°*° r°~°'~~*~°^. In determining passage whether a resolution should be adopted, e€-a
n~selu~ien, the Common Council shall consider the effect or appropriateness of a scrap or junkyard
upon the surrounding area, as well as any comments or recommendations provided by the Fire
Prevention Bureau, the Department of Code Enforcement, or the Board of Public Works. No
license application shall be ap roved ^"~,,,,;~°a *^ *"° R^^ra ~ r ~*° °^^r°~~°' without the written
approval endorsed upon the application by the Fire Prevention Bureau and Department of Code
Enforcement.
(2) Upon final approval of the application by the Boma--o~on^ «~rr~':"'~'Ta~ Common
Council, the Office of the City Controller shall issue or renew the license for maintenance and
operation of a scrap or junkyard, or recycling operation ^r *r^~^~ r ^'°*~°~. All licenses issued by
the Office of the City Controller shall be conspicuously displayed by the applicant by the check-out
area of their business. If such application is disapproved by the Fire Prevention Bureau, the
Department of Code Enforcement, the Board of Public Works, or the Common Council, the license
shall not be issued. The issuance of all licenses under this Section shall be subject to compliance
with all applicable rules and regulations.
(3) Any applicant may appeal a denial of a license pursuant to the procedures set forth in
section 4-16 of this chapter.
Scrap Metal Dealers, Junk Dealers, Valuable Metal Dealers, and Recycling Operations Ordinance
Substitute Bill No. 12-06
Page 7
(g) License fee.
~1) The fee for an annual license to operate a scrap or junkyard, or recycling operation er
+,.°„~~ r ~*°+~^~ shall be ^ ° ~,,,.,a,.°a ~ „°+•~ a^"°-~ ie' nn.nn)~ two hundred fift dollars $250.00
payable to the Office of the City Controller at the time of the issuance of such license.
(2) The fee for an interim license to operate a scrap or junkyard, or recd cling operation shall
be seventX-five dollars ($75.00
The fee for each thirtvl(b~
(h) Business Hours. No person licensed under this section shall receive or purchase any property
whatever from any person between the hours of 8:00 p.m. and 7:00 a.m. or on Sundays or legal
holidays.
(i) Purchases From and Sales by Minors:
(1) No person licensed under this article shall receive or purchase any property whatever
from a minor at any time, except rags ate, paper and/or aluminum beverage cans or tin cans.
(2) No minor shall sell or offer for sale to any person having a license as a junk dealer any
of the articles mentioned in this article as coming under the term "junk," except the sale of rags a~
paper, and/or aluminum beverage cans or tin cans as provided in subsection (i}(1).
(j) Business Records of Purchases Required; Information Required; Notice to Law Enforcement
Agencies; Exceptions for Aluminum Beverage Cans andlor Tin Cans:
~1,~ Every dealer or operator required to be licensed under this section shall keep at his
place of business a record of all purchases in accordance with accepted accounting practices. Each
dealer or operator shall maintain at the place of business a bound book withconsecutively
numbered ~a~es, in which the dealer or operator shall enter or cause to be entered, in writing using
permanent ink.
(2) Every transaction involving ferrous or nonferrous metal where a single transaction
involves less than one hundred dollars ($100.00), but does not include purchases between scrag
metal processing facilities which are defined in Indiana Code § 8-12-1-3 d) shall require the
following to be obtained from each person involved in brin ing_ such terms for the transaction on a
form signed under pains and penalties of perjury. Said form shall be provided by the Department
of Administration and Finance to all dealers or operators licensed under this section. All such
dealers or operators shall retain completed forms for a period of two (2Zyears. The following
information shall be entered on the forms:
Scrap Metal Dealers, Junk Dealers, Valuable Metal Dealers, and Recycling Operations Ordinance
Substitute Bill No. 12-06
Page 8
a. Date time of urchase and street address where the ferrous and/or nonferrous
metal was located prior to being brought to the licensed business for remuneration;
b. Name, address, telephone landline and cell, if any) of the individual or
individuals from whom the scrap metal and/or valuable metal was purchased;
c. Copy of individual(s) driver's license or other government issued identification
card which has a picture of the individual or individuals from whom the scrap metal and/or
valuable metal was purchased;
d. Thumbprint impressions from the individual or from whom the scrap metal and/or
valuable metal was purchased;
e. Motor vehicle license number of the vehicle or conveyance on which the scrap
metal and/or valuable metal was delivered and the year, make and model thereof;
f. The price paid for the scrap metal and/or valuable metal; and
g. A description and weight of the scrap metal and/or valuable metal purchased.
h. In the alternative, the dealer or operator may maintain the information required by
this subsection in a computer Qrogram compatible with a program maintained by the South Bend
Police Department or pre-approved by the South Bend Police_ Department. All business records
shall be required to be retained for a period of two (2Zyears.
(3). Exceptions for Aluminum Beverage Cans and/or Tin Cans: Dealers or operators shall
not be required to maintain records for aluminum beverage cans and/or tin cans, nor shall such
items be required to be held for seven (7 or three (3~ys under ¶ (k)(3).
(4 Exceptions for Scraping o~Motor Vehicles: Any municipality who brings in a motor
vehicle s) for scraping shall be exempt from the completion of the form addressed in this section
with such municipality complying with all applicable provisions of Indiana Code § 9-22-1 and
other applicable state and/or federal law requirements.
(k) Submission of Records for Inspection and Holding Requirements for ~'°-•^~ ~~ {^' ^'^-',per
. Ferrous and/or Nonferrous Metal.
(~ (1) Every dealer or operator shall, ,a„w^^ *'~° ^,.a:.,°^~''^••r° ^~'~~~°~^°^~, ~••'~~~*
shall,
duringLthe hours of ordinary business, allow any member of the South Bend Police Department to
inspect the licensed premises and the contents thereof and shall, upon request, exhibit for inspection
the books or information required to be kept under this subsection. In addition, every dealer or
operator shall present such books or information to the Police Department for inspection and
co~~ng upon request.
Scrap Metal Dealers, Junk Dealers, Valuable Metal Dealers, and Recycling Operations Ordinance
Substitute Bill No. 12-06
Page 9
(2) Within twenty-four (24) hours from the date of purchase of scrap metal and/or valuable
metal the dealer or operator shall notifXthe local law enforcement agency of the description of the
purchase and the name of the individual or individuals who sold the product to the dealer or
operator.
(3) Any dealer or operator who is required to be licensed under this _Section and who
has a record with the City of having violated any of the provisions of this Section within the
past calendar year, shall be required to place a hold on all ferrous and/or nonferrous metal
purchased for a period of two (2) business days after notification to the local law enforcement
agency required in paragraph (2) above. However, if such dealer or operator maintains the
information required herein in a computer program compatible with a program maintained by the
South Bend Police Department or pre-approved by the South Bend Police Department, and sends
reports of each dates transactions as required after the close of each business day, that dealer or
operator shall onl b~ e required to hold the items for one (1) business day prior to resale or disposal.
The license issued under this section shall specify the amount of time the items are to be held.
(1) Operation and maintenance rules and regulations:
(1) All scrap and junkyards, and recycling operations shall be
maintained and operated in compliance with all applicable fire, health and public safety laws of the
State and the provisions of this Code and other ordinances of the City.
(2) The operators of such yards shall conform with the following rules and regulations:
a. Minimum lot area for new yards: All new scrap and junkyards, and recycling
operations shall have a minimum lot area of five (5) acres and shall be zoned
" dial GI General Industrial District pursuant to the zoning provisions of this Code.
b. Fencing: There shall be two (2) types of fencing required to enclose all scrap
and junkyards, and recycling operations,
1. Type A fencing shall consist of fireproof material and shall be a minimum of six
(6) feet in height, and constructed so that it can retain all scrap and junk materials within
such yards. This fencing shall be of uniform material and color and shall be kept in good
repair at all times. Type A fencing shall be used except when Type B fencing is specifically
required.
2. Type B fencing shall consist of opaque or solid fireproof material, and shall be a
minimum of eight (8) feet in height. It shall be erected along or near the outside edges of the
scrap or junkyard, or recycling operation ,and shall completely surround
the scrap or junk materials to be stored on the premise's. Such fencing shall be of uniform
material and color, and shall be kept in good repair at all times. Provided, that any Type B
fencing which shall be erected, as required by this section, shall be a minimum of eight (8)
feet in height. All new businesses or existing businesses which expand or replace Type B
Scrap Metal Dealers, Junk Dealers, Valuable Metal Dealers, and Recycling Operations Ordinance
Substitute Bill No. 12-06
Page 10
fencing in its entirety after October 1, 1990, shall have opaque fencing which, for purposes
of this Section, shall mean a barrier of solid material such as wood, metal, or similar
material whereby one cannot see through such opaque fence, thereby screening the operation
from public view. A chain link fence of said height with metal, wood, or other opaque
material through it which entirely blocks the view of the operation is an example of the
minimum required opaque fence, as used in this section.
c. Buffer strip: All new businesses or existing businesses which expand after July 1,
1980, shall have a buffer planting strip of at least fifteen (15) feet in depth and shall be provided and
maintained between the property lines and Type B fencing which abuts public streets, highways and
alleys. Such buffer planting strip shall include a compact hedge, row of shrubbery or row of
evergreen trees and the property lines shall be planted in grass, other suitable ground cover and/or
shrubbery, maintained in good condition, and kept free of litter. Said area may also include
pedestrian walkways, driveways, flagpoles and off-street parking subject to the off-street parking
regulations of this Code. Any existing scrap or junkyards may provide and maintain a buffer strip as
described in this section.
d. Storage location restrictions: No scrap or junk materials shall be placed or stored outside
of the fencing required by this section. Such junk or scrap stored in such yard, if combustible or
inflammable, shall not be stored closer than three (3) feet to such fence enclosing such yard.
e. Maintenance of premises: The operators of such businesses shall:
1. Remove therefrom all combustible materials and all inflammable rubbish, leaves, grass,
dead trees, brush and other materials not being stored thereon as a part of the business conducted
thereon.
2. Keep storerooms and garages free from rubbish, waste materials and old rags and paper
not being stored thereon as a part of the business conducted thereon.
3. Keep all oil, gasoline, oily waste and other greasy material in metal waste cans.
4. Install and keep available fire extinguishers in close proximity to areas within such scrap
or junkyards, and recycling operations wherein trash, metal or other waste
materials may be burned, and keep and maintain therein an unobstructed fire truck lane of at least
ten (10) feet in width into such yard from the main entrance thereof.
5. Cause such scrap or junkyard, and recycling operations ^~a *r^~^~ ~ ^*^*~~~^ to be
checked and serviced at reasonable intervals for the effective extermination of rodents in
accordance with Health Department standards.
Scrap Metal Dealers, Junk Dealers, Valuable Metal Dealers, and Recycling Operations Ordinance
Substitute Bill No. 12-06
Page 11
6. Papers, rags and other loose scrap and junk material shall be handled, stored and
maintained in such a way as to prevent the same from being loose in such junk or scrap yard, and
recycling operations
f. Compliance With All Noise Regulations: Compliance with all stationary noise
regulations set forth in Section 13-82 of the South Bend Municipal Code addressing loud and
unreasonable noise.
(m) Semi-annual inspection by Fire Prevention Bureau. The Fire Prevention Bureau shall inspect
each junk or scrap yard, and recycling operations once every six (6) months for
the purpose of determining whether or not the owner or operator is in compliance with this Code1
and report such findings to the Department of Administration and Finance and the Office of the City
Clerk.
(n) Applications to be frled. All persons required to be licensed under this section must file an
application or renewal application pursuant to section 4-6 of this Code. Any specific requirements
of the rules and regulations herein which cannot be met by the applicant due to unusual hardship,
such as adverse weather conditions, may be granted athirty-day grace period to complete such
requirement(s), however such applicant shall be subject to compl~ng with the interim licensing
provisions Burin sg uch period of time. Such additional time shall be upon proper resolution being
petitioned for before the Department of Administration and Finance setting
forth in detail the reasons needed for the additional time. The ~ear~ Department of Administration
and Finance shall notify the City Clerk's Office of any such resolution being filed. ~e-prepesed
anon °„ •.,,,:°,, 'i,° nnn,.a n~,n» +n,,° nn+:,..,. In no event shall more than two (2 sixty (60~day interim
license extensions be granted by the Department of Administration and Finance to any
applicant in one (1) licensing_year.
(o)
n ~+nnr,4 n r ~ ~. l.,.n:v,n nn nti,n~~ 1.° n pia°rna n ~~ r,nn ~ r •ir~,i nti, n ni4n4inr, rr,nsr
Penalty. Any violation of the provisions of this section shall be deemed an offense and, upon
conviction, the offender shall be fined not less than two hundred dollars ($200.00) nor more than
two thousand five hundred dollars ($2,500.00). Each violation shall constitute a separate offense
and be punishable as such. The imposition of a fine shall be in addition to the exercise by the
Department of Administration and Finance or the City of any other right or remedy available in law
or equity to address such violation(s).
Scrap Metal Dealers, Junk Dealers, Valuable Metal Dealers, and Recycling Operations Ordinance
Substitute Bill No. 12-06
Page 12
(p) License Denial and/or Revocation. r~ ~ ^ 1^"^•~~^ ° ^'^+~^^ ^~+'~~° °°^+~^^ *'"'°°
s 11/,AM n° ~°MM7 +~A ~. i,°H •°A 1 1l~AY
r°•~^'~°a ~ ~ *'~°''°'°^°° ^~*'~° *°~ ^~*'~°'~^°^°° «°°r Suspension or revocation of any licensed
issued under this section shall be governed by the~rovisions set forth in Sec. 4-16_of the South
Bend Municipal Code.
(cl) Video Surveillance. Effective September 1, 2006, all businesses required to be licensed under
this Section shall be required to have a video surveillance system monitoring all business
transactions which records on video take when a person tenders his or her signed and verified
completed form required b~paragraph j (2) herein, receives remuneration for items re ulg_ ated
under this Section, and videos the vehicle in which the scrap metal/valuable metal was delivered to
the dealer. Video cameras shall date and time-stamp the video tape. Such tapes shall be retained
for thirty (30~~ from the date of transaction. Such video surveillance systems shall be operable
durin ag 11 regular business hours when the dealer is accepting valuable metals and/or scrap metals
for purchase and shall be available for an~member of the South Bend Police Department to review
during the hours of ordinary business. Violation of this paragraph shall be considered a separate
offense.
(r) Providing off' False Information. If a person or persons who apply for a license under this
Section provides false information, such action shall be considered a violation of this Section. Such
action shall be grounds for suspension, revocation or a denial of a license, in addition to being
considered a separate offense for which a citation may be issued
Section II. Chapter 4, Article 4, Section 4-64 of the South Bend Municipal Code shall be
amended to read in its entirety as follows:
Sec. 4-64. Chart of Licensing Fees.
Regulated Activity Code
Section
Fee
Adult business 4-18.5 $500.00
Alarm agent 4-18.7 75.00
Arboristltree service: 4-19
(a) Per vehicle 3.00
(b) Per year 60.00
Automotive repair and service center 4-20 200.00
Carnivals and circuses: 4-22
Duration of show, not to
exceed five consecutive days 105.00
Fertilizer manufacturing facilities 4-23 200.00
Food vending vehicle, per vehicle 4-25 65.00
Hotels and motels: 4-30
Per establishment 95.00
Laundries, self-service and dry cleaners, self-
service: 4-34
(a) Per machine 3.00
(b) Per establishment, minimum 45.00
Massage establishment, per year 4-35 120.00
Massage technicians, per year 4-35 55.00
Open-air businesses: 4-38 55.00
(a) On private property:
(1) Per location 45.00
(b) On public property:
(1) Per location 40.00
Outdoor motion picture 4-40 85.00
Public parking facilities, per facility 4-39 80.00
Peddlers and canvassers: 4-43
(a) Pack peddlers or canvassers:
Per year 50.00
(b) Peddlers using a pushcart, wagon, motor
vehicle or any type of vehicle:
Per year 50.00
Pool halls 4-36 100.00
Precious metals dealers 4-44 75.00
Recycling drop off centers 4-47 50.00
Restaurants, per year 4-45
(a) 0--150 seating capacity 90.00
(b) 151 and greater seating capacity 110.00
Restaurants, itinerant per location per year 4-45 75.00
Restaurants with live entertainment and/or
music (Class A and B cabarets) per year 4-46 30.00
Rubbish and garbage removal, per vehicle
per
year 4-48 60.00
Scrap metal dealers, transfer stations, recy-
cling operators and junk dealers, per year
Interim License, first one issued; all
subsequent
4-Sl -1-99:98 $250.00(per year2
$75.00 (1st interim;
$50.00(Subsequent interim)
Secondhand dealers, per year 4-53 115.00
Secondhand dealers, outdoor display permit 4-53 40.00
Solicitations, charitable 45.00
Taxicabs: 4-61
(a) Per driver, per year 10.00
(b) Per vehicle, per year 50.00
(c) Company license, annual fee 25.00
(d) Per stand, per year, for each 22 feet of
street occupied. 125.00
Transient merchant: 4-60
a. For up to 59 consecutive days
at a single location 135.00
b. Selling only Christmas trees or wreaths 50.00
Vehicle removal service 4-20 125.00
Section III. Severabiliry. If any part, section, subsection, sentence, clause or phrase of this
Ordinance is for any reason declared to be unconstitutional or otherwise invalid, such decision shall
not affect the validity of the remaining portions of this ordinance.
Section IV. This ordinance shall be in full force and effect from and after is passage by the
Common Council, approval by the Mayor and l~ga~l publication.
Derek D. Dieter, 1st District Council Member
Scrap Metal Dealers, Junk Dealers, Valuable Metal Dealers, and Recycling Operations Ordinance
Substitute Bill No. 12-06
Page 15
amber Karen L. White, C1
Pub1i,~Safety Committee
QS
John orde, City Clerk
/_xeaPmd`e~ by me to Stephen J. Luecke, the Mayor of the City of South Bend, Indiana, on
the 7~~i,~day of r ~ 2006, at 3 `• l S" o'clock ~. m.
Janic alboom, Deputy Clerk
~2.
C~~'~jh~aved ~ ~~~ by me on the aq day of 2006, at
o'clock D.m.
Filed to Clerk's Office
~"`~ 2 0 2006
JOHN VOOFDE
CITYCLE"nK, S0. Eis'Np, IN.
1 st READING Z'L1 `~
PUBLIC HEARING~_LZ -o~+
3 rd READWG ~ Z1.-0b
NOT APPP.OVED
REFERRED
PASSED `t~L~-Ob a~
fG'a'~~i3'Iviember Ant~/1'{,fzzello, Vice-Chairperson
Health and Public Safety Committee
~~
Stephen J. Lu e
Mayor of the City of South Bend, Indiana
S u,~ s ~-, -~..u~c 1
~~ >; s w~ s
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
12-06 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, AMENDING VARIOUS SECTIONS OF ARTICLE 4, CHAPTER 4
OF THE SOUTH BEND MUNICIPAL CODE TO HELP CURTAIL THE
THEFT OF ALUMINUM, COPPER AND RELATED ITEMS
Respectfully report that they have examined the matter and that in their opinion, this bill
is being recommended to the full Council with a favorable recommendation as
substituted.
Roland Kelly
Chairman
Sou rx 8~
~.. ~i; ~ C~~ty ®f Sout~i. ~e~d.
~~~~~d
~ \\ \EACE%/~~ Z ~
~,+~ ~ --; a ~O~1111.011 C®iD.t1C11
w 1865 ~ 441 County-City Building • 227 W. Jefferson Blvd
South Bend, Indiana 46601-1830
Timothy A. Rouse
President
Roland Kelly
Vice-President
Karen L. White
Chairperson, Committee
of the Whole
Derek D. Dieter
First District
Charlotte D. Pfeifer
Second District
Roland Kelly
Third District
Ann Puzzello
Fourth District
David Varner
Fifth District
Ervin Kuspa
Sixth District
Apri120, 2006
Members of the South Bend Common Council
40i Floor County-City Building
South Bend, Indiana 46601
Dear Council Members:
(574) 235-9321
Fax (574) 235-9173
TDD (574) 235-5567
http://ww«.ci.south-bend.in.us
Filed in Clerk's Office
BONN V80RDE
CITY CLERK, SQ 8END4,11!
Re: Substitute Bill No.12-06 Scrap Yard Regulations
As you are well aware, Bill No. 12-06 was initially filed with the Office of the City
Clerk on February 22, 2006 which would amend current regulations set forth in
Section 4-51 of the South Bend Municipal Code addressing scrap metal dealers, junk
dealers and valuable metal dealers. One of the key objectives of the proposed
regulations is to proposenew regulations which are aimed to help curtail the theft of
aluminum, copper and related items.
The Council's Health and Public Safety Committee has had public hearings on the
proposed ordinance on:
Al "Buddy' Kirsits March 22, 2006 March 27, 2006 April 10, 2006
At Large
Timothy A. Rouse with the next Health and Public Safety Committee meeting scheduled for Monday,
At Large Apri124, 2006 at 4:30 p.m., with the Common Council holding a public hearing on
this proposed ordinance on Apri127, 2006.
Karen L. White
At Large . We are pleased to attach a copy of Substitute Bill No. 12-06 which incorporates
many of the suggestions made to the original ordinance. In addition to the three (3)
Kathleen Cekanski-Farrand committee public hearings, the Council has had the opportunity to talk with operators
Council Attorney of such businesses, with concerned residents, and some Council Members have
visited the businesses to see first-hand their operations. Ongoing discussions with
Mark Roule of the St. Joseph County Prosecutor's Office, Catherine Toppel,
Executive of the Department of Code Enforcement, City Attorney Charles Leone,
Chief Assistant City Attorney Aladean DeRose and our Council Attorney have
resulted in modifications, with highlights of the Substitute Bill being as follows:
Substitute Bill No. 12-06
April 19, 2006
Page 2
• CLARIFIES "Definitions" used in the ordinance (See pp. 2-3)
• DELETES "Transfer Stations" from the city's licensing provisions in
light of the extensive regulations governing such operations imposed by
the EPA, IDEM and the Solid Waster Management Board (See p. 1 and
p• 3)
• STREAMLINES the overall licensing process by eliminating the Board
of Public Works and utilizing the Department of Administration and
Finance which would work in conjunction with the Office of the City
Clerk, Common Council, Fire Prevention Bureau and Neighborhood
Code Enforcement Office (See pp. 4, 5, 6, and 11)
• UPDATES all references to the new zoning code terminology set forth
in Chapter 21 of the South Bend Municipal Code (See pp. 4-5)
• AUTHORIZES the Department of Administration and Finance to issue
interim licenses up to sixty (60) days with notice of the same to the
Office of the City Clerk and the Common Council (See page 6)
• UPDATES the licensing fee from $190 per year to $250 per year to
better reflect the costs incurred by the city to implement the licensing,
inspection and enforcement (See page 7)
• ADDED regulations for all purchases by dealers of ferrous and/or
nonferrous metals (excluding aluminum and tin cans) where a single
transaction involves less than $100 of the completion of a one-page form
signed by the person under penalties of perjury bringing such ferrous
and/or nonferrous metals to the dealer for remuneration (See pp. 3, 7,
and 8)
• INCLUDES an exemption for any municipality who brings in a vehicle
for scraping from completion of the city form while referencing
compliance with Indiana Code § 9-22-1, and all other applicable
state/federal laws (See p. 8)
• INCLUDES a holding period of two (2) business days for businesses
who utilize a computer program compatible with one maintained by the
South Bend Police Department, or a holding period of three (3) business
days for those businesses who do not utilize such a computer program;
with these regulations being based on the extensive testimony of several
Substitute Bill No. 12-06
Apri119, 2006
Page 3
members of the South Bend Police Department as to why they are
needed as a tool for enforcement and detective purposes (See p. 9)
ADDED language which would become effective on September 1, 2006
requiring video surveillance to include date & time stamping of video
tapes, retention of tapes for thirty (30) days, etc. (See p. 12)
You will also recall that a sample draft one-page form was provided at the April 10,
2006 Health and Public Safety Committee meeting, and could be used as a basis of a
form, with the Department of Administration and Finance formulating the final
version.
At the last Health and Public Safety Committee meeting questions were raised with
regard to the potential cost for the thumbprint requirement proposed in the ordinance.
Our research reveals that currently 38 states are participating in the "Thumbprint
Signature Program" or similar programs. This program is used by thousands of
banks, mortgage companies, notaries, retail establishments, pawn shops etc.
throughout the nation. It involves a "touch pad" which looks similar to an ink pad
and does not leave ink or residue on the user's thumb or clothing. These inkless
fingerprinting pads have a shelf life of eighteen (18) months with the capability of
600 to 1,300 imprints per pad, depending on the type utilized at a cost per pad
starting at $3.35.
Requirements for video surveillance equipment have been delayed for
implementation until September 1, 2006, so that the city may continue to work with
businesses in this area.
Discussions have also taken place which will result in pro-active communications
efforts. Upon the effective date of the Qroposed ordinance, that the South Bend
Police Department would implement a "Business Watch" for all licensed businesses
under the ordinance. All such businesses would be programmed into a system where
then would automatically receive, by email and by voice mail, alerts from the SBPD
when they have been made aware of a reported theft of ferrous or nonferrous metals.
We believe that the many meetings and discussions on the proposed legislation have
resulted in recommendations which will strengthen the overall ordinance, and may
make the ordinance a model for other communities
We urge each of you to support these needed tool which will help make the City of
South Bend a safer community. Thank you.
Substitute Bill No. 12-06
April 19, 2006
Page 4
Most sincerely,
Council Member Derek D. Dieter
First District Council Member
Council Member Ann Puzzello
Fourth District Council Member
Health d Public Safety Committee Vice-Chairperson
Council Member Karen L. White
Council Member at Large
Health and Public Safety Committee Chairperson
Attachment
cc: Mayor Stephen Luecke
M. Catherine Fanello, City Controller
Charles Leone, City Attorney
Catherine Toppel, Code Enforcement Director
Police Chief Thomas Fautz
Office of the City Clerk
City of South Bend, Indiana
Valuable Metal /Scrap Metal Transaction Report
(As Required by South Bend Municipal Code § 4-51
Firm Name of Buyer
Address of Buyer_
Date of Transaction
Zip Code.
Time:
Name of Seller
Driver's License # or Govt. ID#
Address of Seller Zip.
Motor Vehicle License # of Seller
Telephone #'s
Make
Street Address & Zip Code where metal was located prior to transaction
Description of Metal
Weight of Metal Price Paid
The Seller affirms under pains and penalties of perjury that the above information is true and
correct.
Signature of Person Completing Form as Seller
Right Thumbprint of Seller Left Thumbprint of Seller
Buyer is attaching a copy of the driver's license or other government issued identification card which has
a picture of the Seller who completed this form.
Cell
Model Year
Buyer shall retain this form for a period of two (2) years.
' ~ VALUABLE METAL DEALER REPORT
(COPPER, BRASS AND ASSOCIATED ALLOYS)
P Date of Purchase ............................................................
l
t Firm Name of Buyer ....................................................._.......
....... County .......................................
Address .......:....... ......................................_.......----•---................_.
.......................... Street
...:.............................•.........---...............................---.......---....... Zip
City State
Place of Purchase .............................................:.........................._.......
-•~~ ••~•~-• If Different Than Above
Person(s) Selling Valuable Metal: List Additional Persons on Back of Form.
1. Name ..............................................................•--.................. Date of Birth...................................
Address . ................_......................................................_.......
....................................... .
- Street
...........................................•--...........-......... State Zip
City
Driver License or Social Security Number....._ ..............••---•--••••---•-------••-•••••-•-----•••-•••••••....°'°--'°""'..°'-••°"'
Vehicle Used to Deliver Valuable Metal
Year.......--••----- Make ................ Model.-.............. Color ........-•---... License No.............................................
Weight of Meta1 ................................................................Lbs. Price Paid $..................-.........................................
Description of Metal: ..._ .............................._....................._...__
Signature of Person Making Purchase
This copy to be retained by the dea/er for a period of two (2l years and shat! be made
available for inspection by any law enforcement official of any time.
415 _ _ _ __