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HomeMy WebLinkAboutAmending Chapter 13 Air Pollution ControlORDINANCE No. 5750 -74 Passed by the Common Council of the City of South Bend, OCTOBER 21, rq 74 IRENE K. GAMMON Clerk Attest: President of Common Council Presented by me to the Mayor of the City of South Bend, Approved and signed by OCTOBER 22, z9 74 IRENE K. GAMMON Clerk ORDINANCE NO. 5750 -74 AN ORDINANCE AMENDING CHAPTER 13, ARTICLE 6, "AIR POLLUTION CONTROL ", OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, TO PROHIBIT SMOKING AND THE CARRYING OF LIGHTED OBJECTS UPON MUNICIPALLY -OWNED BUSES. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend: SECTION 1. Chapter 13 of the Municipal Code of South Bend, Indiana, 1971, is hereby amended by the addition thereto of the following new sections: Article 6. AIR POLLUTION CONTROL. Sec. 13 -78. Smoking and the carrying of lighted objects upon municipally -owned buses prohibited. (a) "Municipally -owned bus" means any bus which is owned or operated by the South Bend Public Transportation Corporation or the City of South Bend. (b) It shall be unlawful for any person to smoke or carry a lighted pipe, cigar, cigarette, tobacco or match upon a municipally -owned bus in the City of South Bend. Provided, however, that if any such bus is equipped with a separate compartment or specific area approved in writing by the Battalion Chief of the Fire Prevention Bureau that said area is not dangerous or hazardous, then persons smoking in such a designated area shall not be held in violation hereof. (c) The Battalion Chief of the Fire Prevention Bureau shall have the authority to order "NO SMOKING BY ORDER OF THE FIRE OFFICIAL" signs to be placed in the front of all municipally -owned buses. (d) Every person, or his agent, having control of said buses upon which smoking or the carrying of lighted objects as prohibited by this ordinance, shall conspicuously display the designated no smoking sign. (e) No person shall smoke in any properly placarded municipally -owned bus, nor shall any person remove any placard required to be displayed, under the authority of this ordinance. (f) Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon convic- tion thereof shall be fined in an amount not exceeding $100.00 (One Hundred Dollars). SECTION 2. This ordinance shall be in full force and effect from and after its passage by the Common Council, its approval by the Mayor, and publication as required by law. Passed October 21, 1974, as amended (dnmmittu 11ppart can the Mammon (QOUMAI of rite (dttg of #Mdh Ienb: Your Committee of the Whole to whom was referred AN ORDINANCE PROHIBITING SMOKING AND THE CARRYING OF LIGHTED OBJECTS UPON BUSES. Respectfully report that they have examined the matter and that in their opinion the Ordinance should be recommended favorably to the Council, as amended below: Amend ordinance so as to amend Chapter 13 of the Municipal Code by the addition of a new Article 6, Air Pollution Control. Delete the Whereas clause and Section II. Insert the following as paragraph (a) and renumber remaining paragraphs accordingly: "Municipally -owned bus" means any bus which is owned or operated by the South Bend Public Transportation Corporation or the City of South Bend. Odell Newburn Chairman RPCL IR ELY .......... CO.