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Home My WebLink AboutAmending Chapter 16 Addition of Section 16-33 Specific ViolationsA- V a Ilk . .1 Passed by the Common Council of the City of South Bend, Indiana_ September 25 —78 Clerk IRENE K. GAMMON of Common Council Presented by me to the Mayor of the City of South Bend, Indiana -- September 26 Ig 78 Approved and signed by IRENE K. GAMMON Clerk ORDINANCE NO. 4q40.-?T An Ordinance Amending Chapter 16, Article 4 of the Municipal Code of the City of South Bend by the Addition of Section 16.. -33 Specfa;c vol,atio STATEMENT OF PURPOSE AND INTENT The Common Council of the City of South Bend recognizes the need to license trash collectors and haulers who work within our city. The Council further believes that better enforcement of the present law which requires: (1) the vehicles to be conpletely and securely covered, and (2) prohibits any material from dropping or falling from the vehicles; would resolve many of the current problems. In addition to better enforcement, the Council believes that the inclusion of a stricter penalty clause for violators would serve the best interests of the City. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. Chapter 16, Article 4 of the Municipal Code of the City of South Bend, Indiana, is hereby amended so that Sections 16 -27, 16 -28, and 16 -29 shall read in their entirety as follows: Sec. 16 -27. License required; fee, proration; number plate, display. (a) No one shall haul or collect any garbage or trash of any kind, type or nature without having first obtained from the Department of Administration and Finance a license for the same. (b) The Department of Administration and Finance shall charge a fee of twenty -five dollars ($25.00) annually for each nonrestricted and each restricted license granted for hauling of trash or garbage. Except that any licenses granted after April 1st of any year shall be fifteen dollars ($15.00). The license shall terminate on December 31st of each year. (c) For each vehicle granted a license, the Department of Administration and Finance shall furnish a number plate, which the owner or lessee of such vehicle shall display on such vehicle in a prominent place so as to be visible at all times. Sec. 16 -28 Nonrestricted license. (a) A nonrestricted license shall be issued by the Department of Administration and Finance, subject to the approval of the Department of Public Works and after payment of the license fee, to any person, organization or corporation which shall collect, transport and dispose of any garbage or trash within the City, subject to the provisions as set forth in this chapter. (b) A nonrestricted license shall be granted only for packer trucks ac Moroi r .7..x„-....7 . (d) Any person, organization or corporation may petition the Board of Public Works for final determination as to the adequacy of a vehicle for a nonrestricted license. (e) A nonrestricted license provides that the Vehicle may collect, transport and dispose of any garbage, trash or litter subject to the provisions of this chapter. Sec. 16 -29. Restricted license. (a) A restricted license shall be issued by the Department of Administration and Finance, subject to the approval of the Department of Public Works and after payment of the license fee, to any person, organization or corporation which shall collect, transport, and dispose of any trash within the City, subject to the provisions as set forth in this chapter. (b) A restricted license shall be granted for any vehicle with specified uses as stated on the license. (c) The license shall state the type of vehicle, the quantity to be transported in the vehicle, the type of trash to be transported, the type of covering to be used, the time limit for the use of the vehicle to transport the stated trash, and the name and address of the owner. (d) Any person, organization or corporation may petition the Board of Public Works for final determination as to the adequacy of the vehicle for a restricted license. (e) The Department of Public Works shall not authorize the Department of Administration and Finance to grant a license for a particular vehicle until it has been ascertained that the vehicle which is to be used for carrying these materials and objects referred to in the restricted license is constructed so as to prevent the sifting, dropping and falling of the materials as they are being transported. (f) The materials, objects or things named in the license shall not, while being transported, be above the level of the sideboards, and the tailgate of the vehicle unless such materials, objects or things are within closed containers. The vehicles transporting such objects shall at all times, except when being loaded or unloaded, be kept completely and securely covered so that no part of the contents at any time shall be able to scatter or be exposed to view. SECTION II. Chapter 16, Article 4 of the Municipal Code of the City of South Bend, Indiana, is hereby amended by the addition of Section 16 -33 specific violations, which shall read in its entirety as follows: SEC. 16 -33 Specific Violations. (a) It shall be a specific violAtion of this, article to park- in a residential area any vehicle that is subject to the licensing provisions of this article which is partially or totally filled with garbage or trash. (b) If any vehicle which is subject to the provisions of this article is found operating upon any public street, highway, or alley of the City without displaying its' restricted or nonrestricted license (c) If any vehicle which is subject to the licensing provisions ; - --4-4 -1 - 4 - 47:x,. -:1 -- ---. -* - - - --* - I- - --- - - - --- -- . -- -- - -,- - -'- . I complet�lv and securely fastened except when loading and unloading, it shad' be pritrfa facia., evidence that—the ve�hic'le is, be'in'g -operated —in vibUd-FI—oh" 6f` the —cotter i)rnvj-qi-r)-n-q lnf +.h.; �q a; TO=- .(d) --Any. vehicle" found in,-.*violation of any p sha*1,1* be, subject to 84ctldii 16%-31- and, Section 1-6-- visions of this\article \',!SEICTTION This Ordinance shall be in full force and effect f r-om" J45T-'9ZT- e,,r,, passage. by the Common Council of the City of South Bend Tndianar,' appr' by the ;Mayor and legal publication, Member of the Common Council Passed, as amended, September 25, 1978 Tnmmitln antart con tot Tomm u (loumil of t4x, Tug of 0=4419tnd: Your Committee OF THE WHOLE to whom was referred A BILL AMENDING CHAPTER 16 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND TO ELIMINATE RESTRICTED REFUSE COLLECTORS LICENSES. 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 substituting a new bill, and eliminating the word "overnight" in Section 16 -33 (a) . FRANK HORVATH Chairman FREE PRESS 04EW PUBLISHING CO. OFFICE OF THE MAYOR CITY of SOUTH BEND PETER J. NEMETH, Mayor COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601 AREA 219 284 - 9261 June 7, 1978 Dear Members of the Common Council: I am again proposing this bill to amend the Municipal Code of the City of South Bend for the purpose of eliminating "restricted" refuse collect- ors' licenses. As you may recall, I had proposed such a bill last year which, unfortunately, did not receive your favorable action. This is a matter which I believe to be of great concern to the residents of the City's neigh- borhoods. Under the present licensing system, a "restricted" permit may be issued to haul trash in vehicles which are not completely enclosed. As a result, trash hauled in such vehicles often is blown onto the streets and yards while being trans- ported. It is also my understanding that such unenclosed vehicles are often parked in residential areas by their owners, and the location of such vehicles while loaded with trash has an adverse im- pact on our residential neighborhoods. In addition, the trash which is hauled in such open vehicles some- times is simply dumped on vacant lots throughout the City, thus also creating a "blighting" effect in our neighborhoods and contributing to an unhealthy situ- ation. For these reasons, your approval of this measure would be greatly appreciated. Ve tr y ours, eter J. Nemeth PJN /ekf