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Home My WebLink AboutAmending Article 4 Licenses ORDINANCE No. 7982-89 Passed by the Common Council of the City of South Bend, Indiana May 8, 89 Attest: `�`�" ' �--�-- City Clerk IRENE K. GAMMON Attest: _ ./` 1 ilk /% President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana May 9, 89 19 ficr -✓ City Clerk IRENE K. GAMMON Approved and signed by me May 10 i9 8 9 /44,01€1/4_/ Mayor • • BILL NO. ORDINANCE NO. `1 - g9 AN ORDINANCE AMENDING ARTICLE 4 OF CHAPTER 4 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS "LICENSES" STATEMENT OF PURPOSE AND INTENT The Common Council has determined that it is necessary to amend the Ordinance licensing and regulating those individuals and enterprises engaged in the business of towing or otherwise removing unauthorized vehicles from private property, in order to address more comprehensively the activities engaged in by such businesses. _ 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 4-20. 5(a) of the South Bend Municipal Code, entitled "Vehicle Removal Service," is amended as follows: Section 4-20. 5. Vehicle Removal Service. (a) License Required. No person shall engage in the business of towing or otherwise removing unauthorized vehicles from private property within the City, booting, impounding, disabling, or taking any other action having the effect of restricting the access to such vehicle of the owner or operator of such vehicle or restricting the free and unencumbered movement of such vehicle, without first obtaining an annual Vehicle Removal Service License authorizing such person to engage in such business and activities: Provided, however, that if such business or activities is are incidental to or combined with the operation of a business of an automotive repair and service center, as defined in Section 4-20 of this Chapter, such a person shall first obtain an annual Automotive Repair and Service Center License thereunder, rather than a Vehicle Removal Service License hereunder. SECTION II . Chapter 4, Article 4, Section 4-20.5(f) is amended to read as follows: (f) Notice Requirements. No person shall have the right to remove, boot, impound, disable, store, encumber, or otherwise disturb any motor vehicle which is parked, stalled or otherwise left on private property, other than family residential property, owned or controlled by such person, unless the following notice provisions are satisfied. ( 1) A property owner must post a sign, notifying the public of parking restrictions, at least 24 hours before ( 2 ) Sufficient numbers of signs must be posted permanently so that at least one sign is clearly visible and readable from each parking area and each vehicle entrance and exit to the property at all times. As part of its inspection and review under 4-20. 5(c) ( 1) herein, the Department of Code Enforcement will verify that this requirement has been satisfied. In no event may any sign be posted on public property. ( 3 ) Each sign shall: (A) Summarize all parking restrictions enforced on the property, including time and area restrictions; (B) Indicate that vehicles violating the restrictions may be towed, booted, impounded, disabled, stored, or otherwise encumbered at the vehicle owner' s expense; and (C) List the name, address and telephone number of each vehicle removal service authorized to remove, boot, impound, disable, store, or otherwise encumber unauthorized vehicles from or on the property; the name, address and telephone number of the property owner or person exercising control over the property; and a telephone number that is answered personally at all times of the day and night by the property owner or an agent of the owner who is informed of each vehicle removed from the property. (4) Each sign must be: (A) Not less than 24 inches tall and 18 inches wide nor more than 30 inches tall and 24 inches wide; (B) Made of light-reflecting materials or otherwise visible at night; and (C) Printed in contrasting colors. ( 5) The information required in subsection ( f) ( 3 ) (C) must be printed in letters not less than two inches tall. SECTION III. Chapter 4, Article 4, Section 4-20.5(g) of the South Bend Municipal Code, is amended as follows: (g) Regulations. Any vehicle removal service removing unauthorized vehicles from private property shall: ( 1) File with the Board of Public Works a detailed schedule of fees for all services provided, and/or activities undertaken, including, but not limited to, fees charged incident to the removals and storage, booting, impounding, encumbering, or disabling of vehicles, as provided herein; ( 2) Post a copy of the schedule of fees on file with the Board of Public Works in a prominent place at the business location where vehicles are released from storage; ( 3 ) Carry at all times in each tow truck or other vehicle used in the conduct of any vehicle removal service, a copy of the schedule of fees in effect and on file with the Board of Public Works and, upon his or her request, make the same available to any vehicle owner, driver, or law enforcement officer involved in the removal, storage, (4) At the time of payment for any service(s) rendered by the vehicle removal service, issue a receipt to all individuals charged for any such service(s) , said receipt to indicate the date and time service( s) rendered, the exact service(s) rendered, the payment received therefor, the method of payment, and to be signed by the person issuing the receipt; ( 5) Prior to removing a vehicle from private property report the fact of removal together with the license number, make, year and place of impoundment to the South Bend Police Department, which agency shall maintain a log of such reports. The reporting requirement in this subsection is satisfied by an immediate telephone call to the Police Department Radio Room. In addition, for each vehicle not claimed within twenty-four hours ( 24) of the time it is towed, the vehicle removal service shall submit to the Police Department a completed Notification Form, copies of the same to be provided to the vehicle removal service by the Office of the Controller upon the issuance of any license hereunder. ( 6) Release such vehicle to the owner, upon the presentation of proof of ownership, or to the authorized designee of the vehicle owner upon the presentation of proof of such authorization, and upon the payment of the costs of towing, storage or other services rendered during the course of towing, booting, removing, impounding, disabling, encumbering or storing any such motor vehicle as calculated pursuant to the current schedule of rates in effect and filed with the Board of Public Works: Provided, That every vehicle removal service providing service pursuant to this section shall post a true copy of this section in a conspicuous place upon its business premises. (7) Maintain copies of all Notification Forms of not less than sixty ( 60) days. Copies of the same shall be made available to the Police Department or Office of the Controller upon request. ( 8) Charge only those charges indicated on the schedule of fees filed with the Board of Public Works for the particular services rendered. ( 9) File with the Board of Public Works any changes in the schedule of rates initially or subsequently filed with the Board. Such changes shall be effective no earlier than thirty ( 30) days after such filing. SECTION IV. This Ordinance shall be in full force and effect upon passage by the Common Council, approval by the Mayor, and proper legal publication. dif .44.A.44, 4 . 4 Me .e o Common pt 'cil a a5, /9tS` `� 1 st READING PUBLIC HEARING 5- 9 - -------- - - - ._tom... • ,oUTH4 1111 fr,7 / .., \�,��,, �4 City of South Bend //,\Z") /:vi ;_ / Joseph E. Kernan, Mayor 1\ • 1865/ k\ . ..a Department of Code Enforcement Patricia E. DeClercq Jack A. Mathews Director Building Commissioner April 17, 1989 Ms. Ann Puzzello President South Bend Common Council County-City Building - 4th Floor South Bend, IN 46601 Re: An Ordinance Amending Chapter 4, Article 4, Section 4-20.5 of the South Bend Municipal Code, Entitled "Vehicle Removal Service" Dear Ms. Puzzello: I am enclosing, for filing with the Council, an Ordinance amending Section 4-20. 5 of the South Bend Municipal Code. The enclosed Bill amends the Code to bring within the prescriptions of the Vehicle Removal Service licensing provisions all operations which impound or otherwise encumber unauthorized vehicles located on private property. Your favorable recommendation is sought. Sinc rely, CZL-u4. el" Patricia E. DeClercq, Director Department of Code Enforcement Enclosure County-City Building • South Bend, Indiana 46601 • 219/284-9486 • • OJnmmtttrn arpnrt O!o the atrium n Ulounril of tip f)itll of*nut!! Brnht of the Whole Your Committee to whom was referred BILL NO. 33-89 A BILL AMENDING ARTICLE 4 OF CHAPTER 4 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS "LICENSES. " Respectfully report that they have examined the matter and that in their opinion This bill should be recommended to the Council favorable. Steve Luecke Chairman