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HomeMy WebLinkAboutChapter 16 Disposal Sites Sanitary LandfillsORDINANCE N0.6630 -79 Passed by the Common Council of the City of South Bend, Indiana August 27 79 IRENE K. GAMMON City Clerk of Common Council Presented by me to the Mayor of the City of South Bend, Indiana Au ust 28 19 —79 IRENE K. GAMMON Approved and signed by me , rg Clerk ORDINANCE NO. AN ORDINANCE AMENDING VARIOUS SECTIONS WITHIN CHAPTER 16, ARTICLE 5, COMMONLY KNOWN AS REFUSE REGULATIONS, AND VARIOUS SECTIONS WITHIN ARTICLE 6, COMMONLY KNOWN AS DISPOSAL SITES AND SANITARY LANDFILLS, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT The Common Council of the City of South Bend, Indiana, recognizes the potential public health and sanitation problems, the problems of urban blight and infestation of insects and rodent$, and other health and safety problems resulting from uncontrolled dumping of dirt, garbage, garden refuse, refuse and trash onto public and private areas and into streams within the City. The Council therefore, desires to enact reasonable regulations which will further define and control the dumping of such materials within the City of South Bend. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. Chapter 16, Article 5, Section 16 -37 of the Municipal Code of the City of South Bend, Indiana, is amended as follows: SEC. 16 -37 Definitions, Dumping restricted; landfill areas;fee. Definitions. (a) For purposes of this Article: of this (1) DIRT shall be defined as stated in Section 16 -1 (1) Code; (2) GARBAGE shall be defined as stated in Section 16 -1 (2) of this Code; (3) GARDEN REFUSE shall mean leaves, weeds, grass cuttings, vines, shrubbery, brush, and limb trimmings; (4) REFUSE shall be defined as stated in Section 16 -1 (7) of this Code; (5) TRASH shall be defined as stated in Section 16 -1 (8) of this Code. (b) No person shall dump any garbage, garden refuse, refuse, e-r hou-sehfl -jrl- rnibibtsh or trash of any type, kind or nature except in such areas as are designated by the Board of Public Works and Safety as land -fill areas, and or upon such terms and regulations as may be provided for in this Chapter or which may be enacted the Board of Public Works.and- Safety. (c) A licensed hauler or any other person may dump or dispose of any garbage, garden refuse, refuse, or trash of any kind, type or nature in those areas designated by the Board of Public Works end - Safety as land -fill areas. Such person dumping in such land -fill areas may be charged a fee to be determined by the Board of Public Works and- Safety or other governmental agency. SECTION II. Chapter 16, Article 5, Section 16 -38-of the Municipal Code of the City of South Bend, Indiana is amended as follows: SEC. 16 -38 Pepesltlag Dumping refuse on private and public areas or into streams. (a) Except as provided in this Chapter, no person shall dump dirt, garbage, garden refuse, refuse, or trash of any-type, kind or nature on an any any .private or public areas or into any streams running through or adjacent to the City. (b) This prohibition shall not apply u produce y an in s r -a process an person on proper y ovine or opera e a is pro i i on s a no app y or mulch upon property, dumping resul dumping resulting from landscaping to any umpe Dy Tim to th6 ling fry materials both or s ore y such And provided ur er du ping o op Sol )m excavations, and Ne- pe�ser�- shall- thew- e�- depeslt- -ems- eases- te- be- �h�ewe- e�- d.epeslted eF- permit -the - thi2ewl. g- eP- depeslting- el l� - a��- ga�age -- meat -- vegetable �atte�-- dl�t__elgkt- sell -- dead- &�la�als -- leases -- grass -- ashes,-- �a�a�e - -- glass - -g} ass- bettles-- �eeeeswa�e-- e�eeke��-- b�lekbats- a�el- plaete� -ftbe last �e -F�} -amt} else- e�eept- wkex- deee- e�de�- belld }�g_pe�x�lts}- e� -a�� �e }sar�ee- e�- � }lt�t�- x�atte�- epees -ae�- street-- alley- e�- get�e�- e�- peblle g�ett�ds -ems- }ate- ar��- st�eax�s -���a }erg- tl��et�gk- e�- ad�aee�t -te- the- Clt3�- SECTION III. Chapter 16, Article 6, Section 16 -40 of the Municipal Code of the City of South Bend, Indiana, is amended as follows: SEC. 16 -40 Uncontrolled dumping deemed nuisance. (a) The uncontrolled dumping ei-plaelfig of dirt, garbage, garden refuse refuse or trash of an ty e kind or nature on an private or public area or into any streams running through or ad,acent to the Clty a -f-re -fuse -em- tie- gi2eund is declared a nuisance hazardous to the health and well -being of the residents of the City. (b) Upon a complaint being filed with the Environmental Control Office of the City an Environmental Officer shall inspect any land or stream where alleged uncontrolled dumping has taken place. (c) If the complaint is verified by the Environmental Officer and deemed to be a nuisance or a violation of this Code, the City shall proceed with prosecution of the alleged violation. SECTION IV. Chapter 16, Article 6, Section 16-51 of the Municipal Code of the City of South Bend, Indiana, is amended as follows: SEC. 16 -51. Refuse disposal by other approved methods. (a) Refuse may be disposed of by other methods specifically approved by the Health Officer and Board of Public Works. (b) Where only inert refuse is disposed of by a firm or individual on his own property, the Health Officer may issue a permit with approval of the Board of Public Works for disposal, epees- a- easeable butt- set- neeessaplly- f- ull- _eea�plla ee -wltb= the -epe at }seal- staeda ds set- letk -lt�- Beetles- l6 -4�. Such disposal shall be performed in such a manner as not to create a nuisance or hazard to the public health. SECTION V. 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. Membe of the Common Council Passed, as amended, August 27, 1979 CITY OF SOUTH BEND COMMON COUNCIL JOSEPH T. SERGE First District WALTER M. SZYMKOWIAK Second District TERRY S. MILLER Third District ROGER O. PARENT Fourth District ROBERT G. TAYLOR Fifth District WALTER T. KOPCZYNSKI Sixth District MARY CHRISTINE ADAMS At Large RICHARD C. DOMBROWSKI At Large FRANK HORVATH At Large CITY OF SOUTH BEND South Bend, Indiana 46601 August 8, 1979 AREA 219 284 -9321 441 COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601 South Bend Common Council 4th Floor County -City Building South Bend, IN 46601 Dear Council Members: The following bill is introduced in the interest of resolving current dumping problems occuring in the City. The Code as presently written leaves too much Of its language open for varying interpretations. Thus the new language specifically addresses dumping on private and public areas and into streams, and sets forth reasonable regulations in this area. I believe this bill is in our community's health and safety interest, and seek your favorable support. Sincerely, Mary Christine Adams Councilman -at -Large Tommuirr Irvnrt XV t4t (fam "n lfounra of t4r (Ittg of j*VW410rnd: Your Committee OF THE WHOLE to whom was referred A BILL AMENDING VARIOUS SECTIONS WITHIN CHAPTER 16, ARTICLE 5, COMMONLY KNOWN AS REFUSE REGULATIONS, AND VARIOUS SECTIONS WITHIN ARTICLE 6, COMMONLY KNOWN AS DISPOSAL SITES AND SANITARY LANDFILLS, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA. Respectfully report that they have examined the matter and that in their opinion THIS BILL SHOULD BE RECOMMENDED TO THE COUNCIL FAVORABLE, AS AMENDED: Section II. (b) is changed to read: This prohibition shall not apply to any materials both produced by an industrial process and dumped or stored by such person on property owned or operated by him; and provided further that this prohibition shall not apply to the dumping of top soil or mulch upon property, dumping resulting from excavations, and dumping resulting from landscaping. FRANK HORVATH Chairman FREE PRESS PUBLISHING CO.