HomeMy WebLinkAboutAmending Chapter 4 Scrap Metal Dealers, Junk Dealers, Recycling Coperations & transfer StationsORDINANCE No. 7027 -82
Passed by the Common Council of the City of South Bend,
Clerk
K. GAMMON
of Common Council
Presented by me to the Mayor of the City of South Bend,
Approved and signed by
Pehruary 23 1982
IRENE K. GAMMON
C�3 e2-
Clerk
ORDINANCE N0. AV -Ja
AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING
CHAPTER 4, ARTICLE 5, SECTION 4 -51, COMMONLY
KNOWN AS SCRAP METAL DEALERS, JUNK DEALERS,
RECYCLING OPERATIONS, AND TRANSFER STATIONS
STATEMENT OF PURPOSE AND INTENT
The Common Council recognizes that reasonable rules and
regulations should govern such activities as scrap metal and junk
yard operations, recycling operations, and transfer stations.
The Council further believes that it should be apprised of
all regulations in this area adopted by the Board of Public Works
before they go into effect so that proper input can be made.
The Following amendment would require such notification.
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 -51(b) of the
Municipal Code of the City of South Bend, Indiana,is hereby amended
to read as follows:
(b) Rule- making authority of Board of Public Works
The Board of Public Works - shall- may have the authority
to adopt rules and regulations Ee- eay -exT- Ike- }nen- e € -Ikis
seetien pursuant to the following, procedure:
(1) The Board shall give at least two (2) weeks
written notice of the meeting date at which any
rules or regulations may be adopted— Said notice
shall be sent to the City Clerk, Common Council Members
Fire Prevention Bureau, and the Neighborhood Code
Enforcement Office.
(2) The Board shall enclose a verbatim copy of all
proposed rules and regulations with each notice sent
pursuant to this sub - section.
3) No rule or regulation shall be adopted which would
n effect amend the rocedures included in Section 4 -51
f this Code; nor sha the Boar adopt any rule or
egulation which broadens the intent of that section.
4) Upon the adoption of any rule or regulation, the
lerk to the Board of Public Works shall send a copy
f the same to the City Clerk, Common Council Members,
ire Prevention Bureau, and the Neighborhood Code
n of rcement Office.
SECTION II. This ordinance shall be in full force and effect
from and after its passage by the Common Council, approved by the
Mayor, and legal publication.
1st READING t - `a - i
PUBLIC NEARING
2nd READING
NOT APPROVED
REFERRED
PASSED
Zn
Member of the Common Council
FILED IN CLERK'S OFFICE
FEB J 1982
Irene Gammon
CITY CLERK, SOUTH BEND, IND.
Tantmiitee e#►ur1
Xv ille (Qomntan (Qounra of t4r (ft of 00014 3NrA-
Your Committee of the Whole
to whom was referred
RTT.T. N()
12 -82 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, AMENDING CHAPTER 4, ARTICLE 5, SECTION 4 -51, COMMONLY
KNOWN AS SCRAP METAL DEALERS, JUNK DEALERS, RECYCLING OPERATIONS,
AND TRANSFER STATIONS.
Respectfully report that they have examined the matter and that in their opinion THIS BILL SHOULD BE
RECOMMENDED TO THE COUNCIL FAVORABLE, AS AMENDED:
Paragraph (b) (1) first sentence
change will be discussed to " may be adopted."
JOHN VOORDE
Chairman
LEWIS A, McGANN
President
BEVERLY D. CRONE
Vice President
JOHN VOORDE
Chairman,
Committee of the Whole
JOSEPH T. SERGE
First District
WALTER M. SZYMKOWIAK
Second District
CITY of SOUTH BEND
COMMON COUNCIL
441 COUNTY -CITY BUILDING
The South Bend Common Council
Council Chambers
4th Floor
County -City Building
South Bend, Indiana 46601
SOUTH BEND, INDIANA 46601
February 3, 1982
Area 219 284.9321
BEVERLIE J. BECK
Third District
Dear Council Members:
LE W IS A. McGANN
Fourth District
The attached Bill would amend the rule making
ROBERT G. TAYLOR
Filth DG TA
authority of the Board of Public Works under our
scrap and junk yard ordinance found in Section 4 -51
RAYMOND ZIELINSKI
Sixth District
of the Municipal Code of the City of South Bend.
BEVERLY D. CRONE
At Large
Presently the Board has unlimited power to adopt
RICHARD C. DOMBROWSKI
rules and regulations without giving notice or copies
At Large
of such rules.
JOHN
Large
At Large
This Bill would require two week written notice
KATHLEEN CEKANSKI PARRAND
Council Attorney
to be given to the City Clerk, Council Members, the
Fire Prevention Bureau, and the Neighborhood Code
Enforcement office. It would also require an exact copy
of each proposed rule or regulation to be given with the
notice. By requiring such notification I believe that the
parties charged with responsibility in overseeing such
matters would be able to give input prior to a rule or
regulation being adopted.
This Bill would also prohibit the Board from inacting
a rule or regulation which broadens the intent of our
ordinance.
I do not have to stress the importance of reasonable
regulations governing scrap and junk yards operating within
the City. I believe that both the operators as well as
Page 2.
The Common Council Members
the public's interest should be carefully weighed when legislating
in this area. I further believe that this Bill would protect the
integrity of the ordinance presently on the books, It would allow
for more responsible rules and regulations to be proposed,and if
warranted, properly adopted after public input.
I seek your favorable support of this Bill. Thank you.
Richard C. Dombrowski
RCD:jj