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HomeMy WebLinkAboutAmending Chapter 13 of New article 8 entitled Offenses Realated to Unlawful Taking of Recyclable Matrials ORDINANCE No. 8114-90 Passed by the Common Council of the City of South Bend, Indiana August 13, rq 90 Attest: � City Cit Clerk IRENE K. GAMMON Attest: :_::_ �. President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana August 14, 90 IQ City Clerk IRENE K. GAMMON Approved and signed by me August 15 �9 9 0 0,:y014- Mayor Bill No. Ordinance No. g// y -96 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 13 OF THE MUNICIPAL CODE BY THE ADDITION OF NEW ARTICLE 8 ENTITLED "OFFENSES RELATED TO THE UNLAWFUL TAKING OF RECYCLABLE MATERIALS. " STATEMENT OF PURPOSE AND INTENT Throughout the City various recycling programs are being instituted for the purpose of saving the environment by reducing the amount of solid waste and conserving recyclable materials. Recycling conserves valuable material resources, promotes greater efficiency, and provides employment opportunities as a result of such new programs. It is in the best interest of the City to encourage recycling efforts and to deter those who may wish to illegally profit from those efforts. The following Bill addresses these concerns. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. Chapter 13 of the Municipal Code of the City of South Bend, Indiana, is amended by the addition of Article 8 entitled Offenses Related to the Unlawful Taking of Recyclable Materials, which shall read in its entirety as follows: Chapter 13. Offenses. Article 8. Offenses Related to the Taking of Recyclable Materials. Sec. 13-85. Recyclable Materials Defined. Recyclable materials are items having an economic value in the secondary materials market. The following materials are hereby declared to have such economic value: Aluminum, bi-metal cans, glass containers, newspapers, and plastics. Sec. 13-86 Separation of Recyclable Materials and Placement For Removal. Recyclable materials shall be prepared and separated from other refuse. Recyclable materials shall be deposited in bins or similar collection containers and placed for removal at such locations and times as designated by the City, its recycling agent(s) , or other agencies which are duly registered with the City Controller's Office. All agencies wishing to perform recycling operations within the City must file a completed registration form with the Controller's Office prior to beginning such services, and thereafter on an annual basis. Said form shall be made available through the City Controller's Office. designated collector of said recyclable materials. It shall be a violation of this Ordinance for any person(s) not authorized by the City, its recycling agent(s) or other registered recycling agencies to collect, obtain, possess, pick up or cause to be collected, obtained, possessed, or picked up any such recyclable materials. Any and each such violation hereof from one or more locations shall constitute a separate and distinct violation hereof, as hereinafter provided. Sec. 13-88 Violation and Penalties. (a) Any person or person(s) who unlawfully takes recyclable materials from designated locations who is not authorized to do so shall be in violation of this Article and shall be fined not less that fifty dollars ($50.00) for the first offense. Such violation shall be considered an Ordinance violation and the violator shall be issued a citation imposing such $50.00 fine payable through the City's Ordinance Violation Bureau. (b) The citation issued under this Article shall contain the date, time, name, and address of the violator, the Code Section violated, the nature of the violation, location of the violation, the name of the officer issuing the citation, and the instructions as to the disposition of the citation. (c) Any person or person(s) who violates this Article a subsequent time within the same calendar year shall be subject to a civil forfeiture of five hundred dollars ($500. 00) for each subsequent violation. Sec. 13-89 Rules and Regulations. The Board of Public Works is hereby authorized to adopt, promulgate and enforce such additional rules and regulations as may be necessary to properly implement and assist lawful recycling operations throughout the City. SECTION II. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Memb- r o he Common Council SpUTH 8h11I' City of South Bend I; % .� Common Council County-City Building • South Bend, Indiana 46601 11�'11��\186 a_�� July 18, 1990 (219) 284-9321 Thomas Zakrzewski Members of the Common Council President 441 County-City Building South Bend, Indiana 46601 Loretta Duda Vice-President Sean Coleman Fellow Council Members : Chairman. Committee of the Whole When the Near Northwest Neighborhood, Inc. and Hope Rescue Mission announced a pilot curbside recycling program, they were concerned about unauthorized per- Stephen Luecke Sons collecting the recyclable materials before Hope' s First District truck got to them. The attached bill attempts to address that concern. Donald Niezgodski Second District The bill would provide protection for recyclable items William Soderberg which are placed for collection by a designated agency. Third District Any unauthorized person who would take such materials could be fined $50.00 for the first offense and $500. 00 Ann Puzzello for subsequent violations. There is a companion bill Fourth District to include the initial fine within the Ordinance Vio- lations Bureau. Linas Slavinskas Fifth District Since a citywide recycling program is not established Thomas Zakrzewski yet, this bill is written broadly to allow for several Sixth District possibilities including curbside or drop-off programs run by the City or by private agencies which have reg- Sean Coleman istered with the Controller. We can support the ef- At Large forts of those volunteers and organizations that have taken on the challenge of recycling even as we conti- Loretta Duda nue to debate what role the City should play in the At Large task of resource recovery and reducing the waste John Voorde stream. I look forward to discussing this matter with At Large you and hope you will give it favorable consideration. Sincerely, Stephen Luecke Kathleen Cekanski-Farrand p Council Attorney • Qhtmmifn itepnrt Ohl the Gammon Qloutuil of the Qtttg of*outh fiend: Your Committee of the Whole to whom was referred BILL NO. 63-90 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 13 OF THE MUNICIPAL CODE BY THE ADDITION OF NEW ARTICLE 8 ENTITLED "OFFENSES RELATED TO THE UNLAWFUL TAKING OF RECYCLABLE MATERIALS." Respectfully-report that they have examined the matter and that in their opinion This bill should be recommended to the Council favorable. Sean Coleman Chairman FREE PRESS PUBLISHING CO.