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Home My WebLink AboutAmending Chapter 9 Leaf Burning and Air Polluntion Control jV r ORDINANCE No. 7980-89 Passed by the Common Council of the City of South Bend,Indiana_ April 25, 89 r9 Attest: ` k< City Clerk IRENE K. GAMMON Attest: 011146 1 .4_44601A_Ai President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana April 26, 89 19 City Clerk IRENE K. GAMMON Approved and signed by me ig ( 7 (1) Mayor • p 7 o Bill No. 31-89 Ordinance No. I q 0 G 0"D c/ AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 9, ARTICLE 4, OF THE MUNICIPAL CODE COMMONLY REFERRED TO AS "LEAF BURNING AND AIR POLLUTION CONTROL" STATEMENT OF PURPOSE AND INTENT Last year the South Bend Common Council passed Ordinance No. 7895-88 addressing leaf burning. That ordinance set forth regulations to attempt to achieve a "no burn" environment by January 1, 1991. In the interest of improving enforcement, the attached ordinance would delete the "warning notice" procedures for first-time violators. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. Chapter 9, Article 4, Section 9-24 of the Municipal Code of the City of South Bend, Indiana is amended to read as follows: Sec. 9-24 . Warmimg-metiees-amen-Citations. (a) Any person found in violation of this article shall be subject to the following procedures. The Department of Code Enforcement, Fire Department, or Police Department personnel shall: he-ems--sire- as-t-canneeir-the-4,4.64at3 --xrrd-tYta4-€ailure te-de-se-fay--resti+t-inr-a--o-it-ation- i -is& -€er-the vielaten7---All-3caf--burning- -1-1--eease--a --desst upen--a--warning--netiee--being- -and-leaf--burii g shall-met-beg3—-egari --tint-i-i-EnAAxrr she-eity-€er that-leeatem. {2}{1) Issue a citation to the violator imposing a one hundred dollar ($100. 00) fine for each subsequent violation--a€ter-a-warmng-metee-has-beem-isstuee - (b) Each subsequent starting, kindling, causing, or allowing of a new fire after a warning-art-i-ee--er citation has been issued, shall be considered a separate offense for which a citation may be issued. {e}--The- ring-- tat-ire-i- d--t r-this-article shall-eentia4n- the--dette-r-ti te,--mame-a rgil-zn s—e-t-the vielatef,----t-ire---eerie---seed-on---vielate47---nat-u-re---e€ violatien--3-oez�t-i-e n--e - lie- i-o-1-ati-e E -)-j--the-�-e the-ef f ieer-er-imspeeter-is stuimq-the-warmng-metiee-amen the-t-c ene---ntnibet--e --the--e f4ee•--t�-etntaet--€ef inter tatien. +d -+c' The citation issued under this article • • • {e}fd) In such instances where a leaf burning fire results in damage and is determined to be caused by negligence or the wilful disregard or violation of any of the provisions of this Article, a fine equal to the cost expended by the City to send fire suppression personnel and equipment to the location shall be assessed with said fine not exceeding two thousand five hundred dollars ($2,500. 00) . {f}fe) In the case of indigency of the defendant, the provisions of section 1-24 of this Code shall apply. 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. X C pLL 1 LcO Menge' ''W he Common •/ ncil 61661v ill6 st READING L/-/o APR 51989 PUBLIC HEARING 4i"4 5- S 5- 9 M 3rd READING IREHL GAM `/- c25 FS G NOT APPROVED Ag ft "el el �+�4 REFERRED PASSED -d S- c 9) cco City of South Bend • ��SpUTIi.8�h1'll o : 'y,P�'I�tll, 4, It I, '� - Common Council , -�/ Z i * - •-. % d / v ., / >>i •° County-City Building • South Bend, Indiana 46601 1865 (219)_- (219) 284-9321 April 5, 1989 Members of the Common Council 4th Floor County City Building Ann Puzzello South Bend, Indiana 46601 President Re: Leaf Burning Ordinance Donald Niezgodski Vice-President Dear Council Members: Stephen Luecke Last year, the South Bend Common Council passed Chairman. Committee Ordinance No. 7895-88 which amended the leaf of the Whole burning regulations of the City. You will recall that this Ordinance permitted leaf burning on alternate calendar days from October 29, through Stephen Luecke November 26th. It further set forth specific First District hours, procedures for leaf burning bans, continued the leaf burning task force, and a "no-burn" Donald Niezgodski environment by January 1, 1991. Second District William Soderberg It has come to my attention that the Department of Third District Code Enforcement, the Fire Department, and the Police Department personnel have voiced concern Ann Puzzello with regard to the procedures set forth in Section Fourth District • 9-24 entitled "Warning Notices and Citations. " The attached Ordinance would amend this section by Linas Slavinskas deleting the warning notice procedures for a Fifth District first-time violator. It is believed that this Thomas Zakrzewski amendment is needed and would put the "necessary Sixth District teeth" into the Ordinance for improved enforcement. Sean Coleman At Large I look forward to discussing this Bill with you. Thank you. Loretta Duda At Large Sincerely, John Voorde abIA-0424A4/4"--- At Large Sean Coleman, Council Member At Large SC:srk Enclosure Kathleen Cekanski-Farrand Council Attorney