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Home My WebLink AboutAmending Addressing Leaf Buring Fire Prevention and Air Pollution i l ORDINANCE No. 7895-88 Passed by the Common Council of the City of South Bend, Indiana_ July 25, x9 88 Attest: City Clerk IRENE K. GAMMON Attest: A--a ...A- President �.._ of Common Council Presented by me to the Mayor of the City of South Bend, Indiana _ July 26, 19 88 City Clerk IRENE K. GAMMON Approved and signed by me J (Li,/ °2 7 �9 6P617 ° Mayor • Substitute Bill No. 47-88 (Version No. 1) Ordinance No. -178rt?s-----or AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF THE MUNICIPAL CODE ADDRESSING LEAF BURNING, FIRE PREVENTION, AND AIR POLLUTION CONTROL STATEMENT OF PURPOSE AND INTENT On June 7, 1988, the "Task Force on Leaf Burning Recommendations" presented its report to the Residential Neighborhoods Committee of the Common Council, the Council, and the Mayor. The report was the result of many weeks of meetings of the Task Force and the review of a multitude of documents. The majority report recommended to: ban burning in the Spring, to allow leaf burning in the Fall by permit only, and to "phase-down to a no burn environment by 1991. " A minority report was also filed which recommended that burning be banned in the spring but be allowed in the Fall on alternate days, rather than on a permit basis. The following ordinance incorporates the recommendations of the minority report of the Task Force and sets forth the necessary amendatory language to incorporate such language. The Common Council believes that the following ordinance, which is based on public health, safety and welfare concerns, sets forth reasonable rules and regulations which are in the best interests of our City. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. Chapter 9 of the Municipal Code of the City of South Bend, Indiana is amended by the inclusion of new Article 4 which shall read in its entirety as follows: Chapter 9 Fire Prevention Article 4. Leaf Burning and Air Pollution Control. Sec. 9-19. Intent and Purposes of Article. The Common Council believes that reasonable regulations should be enacted to minimize air pollution caused by burning within our City. Sec. 9-20. Types of Burning Prohibited. (a) No person shall start, kindle, cause, allow, or ma4nl-m4n m»17 fnrm of 1omf rvr • Sec. 9-21 Leaf Burning Permitted on Alternate Calendar Days. (a) Leaf burning shall be permitted within the City from October 29 through November 26th. lb) Leaf burning shall only be done as follows: (1) On even-numbered calendar days for all properties located East of Michigan Street, (2) On odd-numbered calendar days for all properties located West of Michigan Street. Sec. 9-22. Rules and Regulations Governing Leaf Burning. (a) A person of not less than sixteen (16) years of age shall attend all leaf fires. (b) Leaf burning may be started only between the hours of 10:00 a.m through 5:30 p.m. Mondays through Fridays, and between 9:00 a.m. through 5:30 p.m. on Saturdays and Sundays with all such fires being extinguished by 6:30 p.m. (c) The City may issue periodic "Leaf Burning Bans" during the months of October and November when it is determined that leaf burning and weather, wind, or atmospheric conditions would cause undue danger to the public and property. Such "Leaf Burning Bans" shall be issued by the City in written form and made available to all news media. (d) It shall be a violation of this Article to burn leaves when a "Leaf Burning Ban" is in effect. It shall be a violation of this Article to burn leaves other than the dates and times specified in Section 9-21. (e) No fuels, gasoline or similar substances shall be used to start, ignite or maintain a leaf fire. (f) All leaf fires must be properly contained and controlled by the individual (s) overseeing such fire. Sec. 9-23 . Leaf Burning Task Force. (a) The Leaf Burning Task Force shall be reconvened on or before April 1, 1989, to review the results of the 1988 Fall leaf burning season. (b) The Leaf Burning Task Force shall provide a written report to the Common Council and the Mayor on or before June 1, 1989, with regard to further recommendations which should be studied by the City in order to attempt to achieve a "No Burn" environment by January 1, 1991. Sec. 9-24. Warning Notices and 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: /11 Tcciio ramrnin,r n,e1-4re *-es m tT4�1o4-esr (2) Issue a citation to the violator imposing a One Hundred dollar ( $100.00) fine for each subsequent violation after a warning notice has been issued. (b) Each subsequent starting, kindling, causing, or allowing of a new fire after a warning notice or citation has been issued, shall be considered a separate offense for which a citation has been issued, shall be considered a separate offense for which a citation may be issued. (c) The warning notice issued under this Article shall contain the date, time, name and address of the violator, the Code section violated, nature of violation, location of the violation(s) , the name of the officer or inspector issuing the warning notice and the telephone number of the office to contact for information. (d) 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 or inspector issuing the citation and instructions as to the disposition of the citation. (e) 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) In the case of indigency of the defendant, the provisions of Section 1-24 of this Code shall apply. Sec. 9-25. Sunset Provision. This ordinance shall be in effect until January 1, 1991, at which time burning of leaves, rubbish or trash shall be banned within the City of South Bend. Section II. The following sections of the Municipal Code are hereby repealed: Sec. 9-7 Bonfire, trash or rubbish fires prohibited except by permit; approval of containers used. Sec. 13-76 Leaf burning forbidden except during specified times; penalty. 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. -mb, r of the Common Council • Q3nmmtttrr Ewa Ohl the fdmmutwn Tomtit of Or (Mtn of Ount11 rnd: Your Committee of the Whole to whom was referred BILL NO. 47-88 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF THE MUNICIPAL CODE ADDRESSING LEAF BURNING, FIRE PREVENTION, AND AIR POLLUTION CONTROL. Respectfully report that they have examined the matter and that in their opinion This bill should be recommended to the Council favorable, as amended by substitution of Version No. 1; amending the burning date from October 22, to October 29; and adding a new section 9-25, Sunset Provision. This ordinance shall be in effect until January 1, 1911, at which time burning of leaves, rubbish or trash shall be banned within the City of South Bend. Chairman Thomas Zakrzewski FREE PRESS PUBLISHING CO. '0 11' \� • +5'x\,'1'0 i �l4 /A40 i �\, , * d City of South Bend /4\ .k 1\;� 77)6/1"/I, Joseph E. Kernan, Mayor .... �� 18 . i South Bend Common Council John Voorde Ann Puzzello Thomas Zakrzewski President Vice-President Chairman. Committee of the Whole June 22, 1988 Members of the Common Council 4th Floor County-City Building South Bend, Indiana 46601 Dear Council Members: I am pleased to introduce the Ordinance which would set forth the recommendations to you recently proposed by the "Task Force on Leaf Burning Recommendations". As you will recall, the written report of the Task Force was presented to the Residential Neighborhoods Committee, the Council and the Mayor on June 7, 1988. At that time, Councilman Puzzello also presented a minority report dated May 25, 1988. The attached Ordinance incorporates the recommendations of the majority report. I believe it addresses the rights of property owners and delicately balances those rights in light of the right to breathe clean air free from smoke and other air pollution. I will be recommending that this Ordinance be sent to the Residential Neighborhoods Committee for further review and also to the Task Force membership. County-City Building • South Bend, Indiana 46601 • 219/284-9321 Stephen Luecke Donald Niezgodski William Soderberg Ann Puzzello Linas Slavinskas First District Second District Third District Fourth District Fifth District Thomas Zakrzewski Sean Coleman Loretta Duda John Voorde Kathleen Cekanski-Farrand Sixth District At Large At Large At Large Council Attorney i• i • I look forward to discussing this with you and seek your favorable support. I believe that a "no burn environment by 1991" is a goal which is definitely in the best interests of our entire community. Thank you. Sincerely, Loretta J. Duda, Chairman Residential Neighborhoods Committee LD:srk Attachment