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Home My WebLink AboutAmending Chapter 4 Scrap Metal Dealers Junk Dealers Recycling Operations & Tranfer Stations ORDINANCE No. 8117-90 Passed by the Common Council of the City of South Bend, Indiana August 27, rq 90 Attest: ""`"` ° City Clerk IRENE K. GAMMON At 1 4-.2 -1.1 President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana August 28, 90 19 City Clerk IRENE K. GAMMON Approved and signed by me 4 ig Q 0 • e a M yor Substitute Bill No. 58-90 Ordinance No. �//Y 9L ) AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AMENDING CHAPTER 4, ARTICLE 4, SECTION 4-51, COMMONLY KNOWN AS SCRAP METAL DEALERS, JUNK DEALERS, RECYCLING OPERATIONS, AND TRANSFER STATIONS. STATEMENT OF PURPOSE AND INTENT It has come to the attention of the Common Council that further refinement of various regulations addressing licensing of scrap metal dealers, junk dealers, recycling operations, and transfer stations, are in order. More specifically, the attached bill would set forth reasonable regulations with regard to required fencing for such operations. Additionally, it sets forth specific timetables in which applicants for such a license must comply with all of the requirements as a part of the licensing procedure and incorporates an ordinance violation fine for all continuing violations. It is believed that the ordinance is in the interest of improving current regulations this area. 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 4-51 (1) entitled "Operation and Maintenance Rules and Regulations" of the South Bend Municipal Code is hereby amended in part to read as follows: (1) Operation and maintenance rules and regulations: (1) All scrap and junkyards, recycling operations and transfer stations, 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, recycling operations and transfer stations shall have a minimum lot area of one (1) acre and shall be zoned "E" Heavy Industrial 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, recycling operations, or transfer stations: 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 consists of opaque 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 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 therefore 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, 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 for extinguishers in close proximity to areas within such scrap or junkyards, recycling operations and transfer stations 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, recycling operations and transfer stations to be checked and serviced at reasonable intervals for the effective extermination or rodents in accordance with Health Department standards. 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 yards recycling operations and transfer stations. (m) Semi annual inspection by Fire Prevention Bureau. The Fire Prevention Bureau shall inspect each junk or scrap yard, recycling operations and transfer stations once every six (6) months for the purpose of determining whether or not the owner or operator is in compliance with this Code. SECTION II: Chapter 4, Article 4, Section 4-51 of the • cannot be met by the applicant due to unusual hardship such as adverse weather conditions may be granted a thirty (30) day grace period to complete such requirement(s) . Such additional time shall be upon proper resolution being petitioned for before the Board of Public Works setting forth in detail the reasons needed for the additional time. The Board shall notify the City Clerk's Office of any such resolution being filed and the proposed date on which the Board shall take action. In no event shall more that two (2) thirty (30) day extensions be granted by the Board to any applicant in one (1) licensing year. (0) . If the applicant fails to meet the rule or regulation in which he or she is not in compliance within the extended period of time, the City shall proceed forthwith without issuing a warning notice to issuing a fifty dollar (S50.00) ordinance violation citation(s) for each violation. Each subsequent day of violation where the applicant remains open for business shall be considered a separate offense for which a citation may be issued. SECTION III: This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Me •er of the mmon C• •ncil 1 st READING 7 9-Qo PUBLIC HEARING qo 3rd READING W-cal-go NOT APPROVED • SpUTH 8 j' 4 1111 City of South Bend � X11 Common Council ;% �i },a 3 County-City Building • South Bend, Indiana 46601 4l\‘41,,_*...1 —�/ �� (219) 284-9321 June 26, 1990 Thomas Zakrzewski Members of the Common Council President 4th Floor County-City Building Loretta Duda South Bend, Indiana 46601 Vice-President Dear Council Members: Sean Coleman Chairman. Committee The attached bill would amend the relevant section of the Whole of the South Bend Municipal Code which addresses licensing procedures for scrap metal dealers, junk dealers, recycling operations, and transfer Stephen Luecke stations. First District As noted at lasts evening's Council Meeting, the Donald Niezgodski purpose and intent of the fencing requirement set Second District forth in the original ordinance passed in 1981, William Soderberg was to create a buffer between the use as a junk Third District or scrap yard operation from the surrounding neighborhood. In light of recent interpretations Ann Puzzello given to the relevant portions of the regulations Fourth District addressing fencing, it is necessary that further requirements be incorporated so that there is no Linas Slavinskas doubt that the operations themselves cannot be Fifth District visible by residents living next to or near such Thomas Zakrzewski facilities. Sixth District I believe that it is also important to incorporate Sean Coleman realistic timetables in order for all applicants At Large for such licenses to have all requirements properly addressed. I do not believe that to Loretta Duda allow a business to continue in operation from the At Large expiration of their license in January, and allow John Voorde then to remain productive until June of that same At Large year without a license, is proper. I have, therefore, incorporated a maximum of a sixty (60) day grace period in light of specific concerns such as weather conditions which may negatively impact compliance with the regulations. Kathleen Cekanski-Farrand Council Attorney • Members of the Common Council June 26, 1990 Page 2 I also believe that proper ordinance violation procedures through a $50.00 citation are also proper and have incorporated this suggestion into the proposed ordinance. I sincerely believe that the attached bill improves the licensing by incorporating reasonable and realistic regulations for such businesses. I look forward to discussing this matter with you and request the bill be sent to the appropriate Council Committee for review and recommendation. Thank-you. Sincerely, Thomas Zakrzewski Sixth District Council Member