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Home My WebLink About8542-94 Amending Chapter 4 Article 3 Section 4-17 entitled Recycling Drop off Centers ORDINANCE No. 8542-94 Passed by the Common Council of the City of South Bend, Indiana. September 26, r9 94 Attest: z� � City Cit Clerk IRENE K. GAMMON Attest: /� `s`L // President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana__ September 27, 94 19 City Clerk IRENE K. GAMMON Approved and signed by me 4_"1 kr a?7 ig 97 Mayor • BILL NO. ORDINANCE NO. 85`T -9q AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING CHAPTER 4,ARTICLE 3, SECTION 4-17,AND BY THE INCLUSION OF NEW SECTION 4-47 ENTITLED RECYCLING DROP OFF CENTERS IN THE SOUTH BEND MUNICIPAL CODE STATEMENT OF PURPOSE AND INTENT The South Bend Common Council will soon establish by a separate ordinance, zoning regulations for recycling drop off centers. In light of the need for a proper check and balance for such centers and their impact on the surrounding neighborhoods,the following permit regulations are deemed necessary. NOW,THEREFORE,BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. Chapter 4,Article 3, Section 4-17 of the South Bend Municipal Code is hereby amended to read as follows: ARTICLE 3. SCHEDULE OF LICENSE FEES Sec. 4-17. Businesses requiring a license. (a) The following businesses shall be licensed and charged the fee so designated. Every business which fails to obtain a proper renewal license by January 31 of each year, shall be assessed an additional late fee of ten (10)percent of the total fee charged, which shall be paid prior to the issuance of a license. (b)In the event an application for license is made after September 1 of each year, the fee shall be prorated to one-half(1/2)of the yearly license fee. (c) Regulated business: (1) Arborist, tree service. f(I-b) Carnivals and circuses:] (3 (2)Automotive repair and service centers. (4) (3)Food vending vehicles. (51 (4)Hotels, motels. () (5)Laundries,laundries(self service), self service dry cleaners. O (6)Massage parlors. (8) (7)Massage technicians. (2) (8) Open air stands. (1Q) (9) Peddlers and canvassers. (11) (10)Outdoor motion picture theaters. (12) (11)Paraphernalia(drug-related). (13) (12)Precious metals. (14) (13)Public parking facilities. (15) Recycling Drop Off Centers (1j (14) Restaurants. (12) (15)Restaurants with live entertainment,music (Class A and Class B cabarets). (18) (46) Rubbish and Garbage removal. (19) (17) Scrap metal dealers, transfer Stations,recycling operations, junk dealers. (2Q) (4-8) Secondhand dealers. (21) (19) Solicitations,charitable. Recycling Drop Off Ordinance Page 2 SECTION II. Chapter 4,Article 3, of the South Bend Municipal Code is hereby amended by the addition of new section 4-47 which shall read in its entirety as follows: Sec. 4-47 Recycling Drop Off Centers Definitions: (A) DEFINITIONS: Recycling drop off center means a facility, open to the public, where household recyclables are collected for transfer to a processing center or markets. Recyclables include glass. plastic. newspapers. other paper products. cans, cardboard, styrofoam and other types of plastics. but shall not include hazardous waste, motor oils, and fuels. A recycling drop off center may also include a facility for the collection of used clothing and household goods. Such used goods must be stored in an enclosed structure. Recycling processing center means a building or enclosed space used for the collection, processing. and storage of recyclable materials, including those businesses required to have a license pursuant to Section 4-51 of this Code. (B) LICENCE REQUIRED: No person shall engage in the process or business of conducting a recycling drop off center without having first obtained a license from the office of the City Controller. (C) APPLICATION: Any person desiring to keep or maintain a recycling drop off center shall make application to the office of the City Controller for a license. (D) INSPECTIONS: All necessary inspections shall be conducted by the City. Said inspections shall be for the purpose of determining whether the owner or operator of the recycling drop off center is in compliance with this section and the zoning requirements set forth in Chapter 21 of this Code. All inspections shall be sent to the Office of the City Controller for review in conjunction with the completed application form and all other required documentation. (E)REGULATIONS:All recycling drop off centers must: (1)Be in compliance with all applicable zoning regulations set forth in Chapter 21 of this Code. (2)Provide a drawing at the time of submitting an application for license of the proposed location of the recycling drop off center including but not limited to setting forth the size of the proposed center, ingress and egress routes, and dimensions for the same,screening if any. (3)Provide a written schedule of when recyclables would be removed from the location with bi-monthly removal being required at a minimum. (4)Be operated in such a manner that it does not become a public nuisance. (5) Be not less than five hundred (500) square feet in area which does not include ingress and egress routes. (6) Provide a listing of times and days of the week when said recycling drop off center would be open to the public.hours when personnel would be at the location, and provide a list of the types of recyclables which would be collected. (7)Be conducted in compliance with all applicable Federal.State. and local regulations. Recycling Drop Off Ordinance Page 3 (G)PENALTIES:Any person found in violation of this Section shall be subject to the provision of Section 16-54 through 16-61 of this Code. Section III. This ordinance shall be in full force and effective from and after its passage by the Common Council and approved by the Mayor. e A = of the Co f `iouncil fhnmmt##rr &port Oki the Common Qtounrii of tip QIttg of*outs lien): Your Committee of the Whole to whom was referred BILL NO. 88-94 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 4, ARTICLE 3, SECTION 4-17, AND BY THE INCLUSION OF NEW SECTION 4-47 ENTITLED RECYCLING DROP OFF CENTERS IN THE SOUTH BEND MUNICIPAL CODE. Respectfully report that they have examined the matter and that in their opinion This bill has been recommended to the Council favorable. Roland Kelly Chairman FREE PRESS SPIESs PUBLISHING CO. IIII/IIII/IIIII/ilk, •• `'''','1'-'%7`�°-., City of South Bend ",, `- ‘ Common Council ��\EACE/jb County-City Building•South Bend,Indiana 46601 • x k 1865 .''' (219)235-9321 Fax(219)235-9173 Stephen Luecke President Eugene Ladewski Vice-President Thomas Zakrzewski Se tember 6, 1994 Chairperson,Committee l� of the Whole Member of the Common Council 4 th Floor, County City Building Stephen Luecke South Bend, IN 46601 First District Cleo Washington Re: Licensing of Recycling Drop Off Centers Second District Dear Council Members: Roland Kelly Third District As you are aware,Bill No. 70-94 is currently being studied by the South Bend Common Council. That Bill purposes specific zoning requirements Ann Puzzello for recycling drop off centers. Fourth District The attached Bill would be a companion to the zoning requirements by Liras Slavinskas setting forth licensing requirements.At a meeting with interested members of Fifth District the Common Council, Mr. Paul Trost, and members of the Area Plan staff,it Thomas Zakrzewski became evident that a mechanism be put in place to properly check such Sixth District recycling drop off centers. Sean Coleman The City should be interested in promoting such centers throughout the At Large City. However, it is believed that a simplified licensing process is also necessary to make sure that such centers do not become a public nuisance. This Loretta Duda is especially a concern in light of the fact that recycling drop off centers would At Large be a permitted use and"A"residential districts, "A-3"mixed use multi-family Eugene Ladewski residential districts, as well as`B"and`B-1"residential districts. At Large I recommend the attached Bill be sent to the Personnel and Finance for further review and study and be set for Public Hearing at the Common Council meeting scheduled for September 26, 1994. I welcome your input on this Kathleen Cekanski-Farrand important topic. Thank you. Council Attorney Sincerely, Linas S - 'mskas Fifth District Councilmember Attachments