Loading...
HomeMy WebLinkAboutAmending Section 4-20 Automotive Repair and Services CentersORDINANCE No. 7155 -83 Passed by the Common Council of the City of South Bend, Indiana January 10, 19 83 IRENE K. GAMMON Presented by me to the Mayor of the City of South Bend, Indiana Approved and signed by January 11, — 83 Clerk of Common Council City Clerk IRENE K. GAMMON 9�� SUBSTITUTE BILL NO. 151 -82 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTION 4 -20 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS AUTOMOTIVE REPAIR AND SERVICE CENTERS. STATEMENT OF PURPOSE AND INTENT On June 24, 1982, the South Bend Common Council passed Ordinance No. 7058 -82, which established specific public health and safety require- ments for automotive repair and service centers throughout the City. Since the passage of that Ordinance, and through over a hundred inspections conducted by the Department of Code Enforcement of the City, amendments have been suggested which would improve this law. The following Bill 'ncorporaites changes which would further strengthen the licensing provisions governing Automotive Repair and Service Centers by specifically addressing such public health and safety needs as: semi - annual inspections, annual licensing, fire and safety requirements, and the prevention of public nuisances. The City Administration and the Common Council believe that such regulations are reasonable and are in the best interest of the public health and safety of its citizens. NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of South Bend,Indiana, as follows: SECTION I. Chapter 4, Article 5, Section 4.20 of the Municipal Code of the City of South Bend, Indiana is hereby amended to read in its entirety as follows: Sec. 4 -20 Automotive Repair and Service Centers a) DEFINITIONS: For purposes of this section the following terms and phrases shall have the following definitions: (1) "Automotive repair and service center" shall mean any location where motor vehicle repair, servicing, and /or storage is done on the premises for a fee. (2) "Motor vehicle" shall mean every vehicle which is self - propelled .excluding farm tractors and implements of.husbandry. (3) "NFPA" means National Fire Protection As.soci,ation. (4 ) "Opaque fence" Jshall mean a barrier of so id material such as wood, metal or densely packed evergreens. A chain link fence with metal, wood, or plastic slats through it, is an example of the minimum required opaque fence, as used in this Section. (5) "Stored vehicle" shall mean any motor vehicle, or a portion of a motor vehicle, which remains on the premises of an automotive repair and service center for more than seventy - two (72) consecutive hours in any week. (b) LICENSE REQUIRED: Any person, firm or corporation intending to operate an automotive repair and service center, as herein defined, shall first obtain a license from the Office of the Controller. (c) APPLICATION: (1) Each applicant for license shall procure from the Office of the Controller an application for such license. (2) Each applicant shall furnish the following information: a. legal name of applicant and position; b. present address and telephone number of applicant; C. street address of proposed site of the automotive - repair and service center; d. zoning of proposed site; e. number of off - street parking spaces available to the public and to employees; f. description of the building intended to be used, listing its age, type of building material, and square footage; g. square footage of any areas intended for stored vehicles, and h. specific type(s) of automotive repair and /or service to be offered. (3) The filing of an application does not authorize conducting a business until such license has been granted. (d) REVIEW AND RECO14MENDATION: Upon the filing of a completed applic to ion, the same shall be referred to the Department of Code Enforcement and the Fire Prevention Bureau for their inspection, and review and recommendations. Copies of all inspection sheets to be used by the Departments, shall be kept on file with the Department of Code En orcement and the Office of the Controller, and made available to the puDllc upon request during regular business hours. (e) LICENSE FEE. If the applicant meets the requirements of this Section, the Controller shall issue a license upon payment of an annual ee of One Hundred ($100.00) Dollars. (f) REGULATIONS: All automotive repair and service centers as herein describ ed shall be governed by the following regulations: (1) The building or part thereof used for the application of flammable finishes by means of spravinq or dipping shall. contorm to the applicable requirements of NFPA No. 30, Chapter 4, as it may be amended from time to time, which copies are hereby adopted by reference and incorporated herein as though set out in full. Two (2) copies of which are on file and available for public inspection in the Office of the Citv Clerk. (2) Compliance with all electrical wiring and equipment regulations of the "National Electrical Code ", NFPA No. 70, as it may be amended from time to time, s are reverence an incorporated herein as though set out in full. Two (2) copies of which are on file and available for public inspection in the Office of the City Clerk. (3) Compliance with the maintenance and operation requirements, and the "Standards for Spray Finishing Using Flammable and Combustible Material ", as set forth in NFPA No. 33, as it may be amended from time ime, wnicn sranaaras are here reference and incorporated herein as though set out in full. Two (2) copies of which are on file and available for public inspection in the Office of the City Clerk. -2- 4) Walls and Ceilings of the building or part thereof used for the application of flammable or combustible material shall have a fire - resistance rating of not less than one (1) hour, and shall be equipped with fire extinguishing equipment as specified by the Fire Department. (5) Fencing: Any outdoor area within the premises of an Automotive Repair and Service Center which is used for the storage of motor vehicles or portion of motor vehicles, shall have a six (6) foot high opaque fence along each side of said storage area which is located fifty (50) feet or less from a lot in a residence district as measured from property line to property line. Said fencing shall also be required along each side of said storage area which directly abuts a public street or alley which adjoins or is directly across from a residence district. No such fencing shall be required, however, if the area so used is entirely screened visually from such residence district, street or alley by an intervening building on the Automotive Repair and Service Center premises. All motor vehicles or portions thereof must be stored in the fenced storaqe area. (6) No motor vehicles or portion of motor vehicles shall be parked in a required front yard as specified in the Zoning Chapter of this Code, nor on any public right - of -way. (7) No motor vehicle shall be parked upon any street, alley, or public way for purposes of repairing or servicing said vehicle, except repairs necessiated by an emergency. (g) SEMI- ANNUAL INSPECTIONS: The Fire Prevention Bureau and the Department of Code Enforcement shall inspect each automotive repair and service center a minimum of once each six (6) months for the purpose of determining whether or not the owner or operator is in compliance with this Section. (h) PENALTIES: Any person who violates any provisions of this Section shall be subject to the provisions of Section 4 -15 of this Code, and may additionally be fined not less than fifty ($50.00) Dollars, no more than Two Thousand Five Hundred ($2,500.00) Dollars, upon conviction. The violation of any provisions of this Section shall constitute a separate offense for each day such violation may exist. SECTION II. If any provision or sub - section of this Ordinance is declared to be invalid or unconsitutional, such declaration shall not be construed to effect any of the other provisions or sub - sections herein, and the remainder of the Ordinance shall not thereby be invalidated. 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. r.t.: :.. iiN._ 2nd READING ! /O. Ply NOT APPROVED REFERRED PASSED '— M--C ember of the Cohn Council (Inmutturr Irport Xv #lie Tommon (dounrd of #4r Tq of Oow# ]rnA: Your Committee OF THE WHOLE to whom was referred BILL NO. 151 -82 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AMENDING SECTION 4 -20 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS AUTOMOTIVE REPAIR AND SERVICE CENTERS. Respectfully report that they have examined the matter and that in their opinion THIS BILL SHOULD BE RECOMMENDED TO THE COUNCIL FAVORABLEs AS AMENDED: BY SUBSTITUTION OF A NEW BILL RAYMOND ZIELINSKI Chairman FRB[ PRESS PUBLISHING CO.