HomeMy WebLinkAboutAmend Chapter 4, to revise provisions for scheduling of License Renewal of Rubbish/Garbage removal vehiclesORDINANCE No.
Passed by the Common Council of the City of South Bend, Indiana
December 10,
Attest:
Attest:
~~~:
01
20
Presented by me to the Mayor of the City of Soutlz Bend, Indiana
Der~Pr 1a, 20 ~~
City Clerk
President of Common Council
City Clerk
Approved and signed by me December 14, 2001
Mayor
ORDINANCE N0. l 2 ~ ~ ~ O
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, AMENDING CHAPTER 4 OF THE SOUTH BEND MUNICIPAL CODE
TO REVISE PROVISIONS FOR THE SCHEDULING OF
LICENSE RENEWALS AND FOR THE LICENSING OF
RUBBISH AND GARBAGE REMOVAL VEHICLES
STATEMENT OF PURPOSE AND INTENT
The purpose of this ordinance is to amend Chapter 4, Article 4, Section 4-48 of the
South Bend Municipal Code, to revise provisions for the licensing of rubbish and garbage
removal vehicles.
The purpose of this ordinance is also to amend Chapter 4, Article 3, Section 4-17 of
the South Bend Municipal Code, to enable the City to schedule the licensing of rubbish and
garbage removal vehicles and restaurants and restaurants with live entertainment so that
the administration of such licenses can be completed in an effective and efficient manner.
The Common Council of the City of South Bend determines that procedures for the
licensing of rubbish and garbage removal vehicles should be clarified and made more
convenient and less burdensome to persons seeking to engage in a rubbish and garbage
removal business.
The Common Council of the City of South Bend also determines that procedures
to administer such licenses and to enforce the licensing requirements should be modified
to enhance public health, safety and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA, AS FOLLOWS:
SECTION I. Chapter 4, Article 3, Section 4-17 of the South Bend Municipal Code
shall be, and hereby is, amended to read as follows:
(b) Licenses issued pursuant to section 4-45 and 4-46 shall be renewed on or before
March 1 or April 1 of each year following the year in which they are issued or renewed.
according to the name of the business holding the license. If the name of the business
holding the license begins with a letter falling between A and M within the alphabet, the
renewal date shall be on or before March 1 of each year. If the name of the business
holding the license begins with a letter falling between N and Z within the alphabet, the
renewal date shall be on or before April 1 of each year.
Licenses issued pursuant to section 4-48 shall be renewed on or before May 1 of
each ,year following the year in which they are issued or renewed.
Licenses issued pursuant to section 4-61 shall be renewed on or before June 1 of
each year following the year in which they are issued or renewed.
All other licenses issued pursuant to this Chapter shall be renewed on or before
January 31 of each year.
SECTION II. Chapter 4, Article 3, Section 4-48 of the South Bend Municipal Code
shall be, and hereby is, amended to read as follows:
Sec. 4-48. Rubbish and garbage removal.
(a) License required. No one shall art--ai° collect, trarisport, or dispose of, for
compensation1 any garbage, rubbish ortrash of any kind, type or nature without having first
obtained from the City Controller the proper license, and without having the license in the
licensed vehicle. Vehicles owned and operated by the City of South Bend are not subject
to the application or fee requirements of this ordinance, but are subject to the health and
safetyrequirementssnd shall be inspected to ensure compliance with those requirements.
(b) Nonrestricted license:
(1) A nonrestricted license shall be issued by the City Controller,, a-pet~-s
after inspection and approval by the
Division of Central Services, and the Department of Code Enforcement, and after payment
of the license fee, to any person, organization or corporation which shall collect, transport
a-~ or dispose of any garbage, trash or rubbish within the City, subject to the provisions
as set forth in this Code.
(2) A nonrestricted license shall be granted only for packer trucks as herein
defined: -
a. The box or container must be completely enclosed except when
loading or unloading.-
b. The top must be permanently attached.
c. The box or container must be leakproof and have a hopper to catch
drippings at time of loading.
d. The trttelc packer mechanism must be all mechanically operated.
e. The name, address and telephone number of the person or company
to be engaged in the business of hauling_garbaae, rubbish ortrash shall be clearly printed
in letters 2 or more inches in height on the driver side of the vehicle, or if the vehicle is
owned by the City, the City seal or similar identification must be prominently displayed.
(3) The license shall state the type of vehicle, the quantity of material held in the
vehicle, and the owner's name and address.
~ ~ A nonrestricted license provides that the vehicle may collect, transport a~
or dispose of any garbage, trash or litter subject to the provisions of this Code.
(c) Restricted license:
(1) A restricted license shall be issued by the City Controller)
after inspection and approval by the Division of
Central Services, and the Department of Code Enforcement, and after payment of the
license fee, to any person, organization or corporation which shall collect, transport a~ or
dispose of any trash within the City, subject to the provisions as set forth in this chapter.
(2)
. The City Controller shall not grant a license for a particular vehicle
until it has been ascertained that the vehicle which is to be used for carrying those
materials and objects referred to in the restricted license is constructed so as to prevent
the sifting. leaking, dropping and falling of the materials as they are being transported.
(3) ,
A restricted license shall be granted for anv vehicle with specified uses as stated on the
license.
(4) ,
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.
(5)
eF 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 vehicle
transporting such objects shall at all times, except when being loaded or unloaded, be kept
comoletely and securely covered so that no Dart of the contents at anv time shall be able
to scatter.
(6) ,
The name, address and telephone number of the person or company
to be engaged in the business of hauling garbage, rubbish or trash shall be clearly printed
in letters 2 or more inches in height on the driver side of the vehicle or if the vehicle is
owned by the City. the City seal or similar identification must be prominently displayed.
(d) Disposal ofindustrial wastes and verification ofproperdisposal by licensed haulers.
Industrial waste, which may be accumulated in manufacturing, fabricating or
construction by an industrial concern, may be dumped in landfill areas by any licensed
hauler or by any person acquiring a license for such purposes from the City Controller as
provided in this Code. Such industrial waste shall be dumped only in those landfill areas
designated as landfill areas by the Department of Public Works and upon such terms and
regulations as set.forth by the Department of Public Works.
All applicants for a license underthis section shall provide with the application
a list of the residential customers serviced or to be serviced on a regular basis by the
applicant. The applicant shall also provide information as to the location where the
applicant proposes to dispose of waste. All applicants and licensees shall provide tipping
fee receipts from a licensed landfill upon demand of the Controller, the Division of Central
Services, or the Department of Code Enforcement.
(e) License and Inspection fees:
(1) Nonrestricted or restricted license: Upon compliance of an applicant with this
section, and after payment of sixty dollars ($60.00) per vehicle per--pear, a es#fietee}
license shall be issued by the Controller.
(2) ,
Inspection fee: At the time of each vehicle inspection pursuant to this
section, the applicant shall pay to the City of South Benda $10.00 fee to cover the cost
incurred in conducting the inspection. If the vehicle does not pass inspection, and must
be inspected in order to be issued a license, the inspection fee must be paid again.
(3) Plate: For each vehicle granted a license, the Controller shall furnish a
number plate, decal. or other identification 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. The Controller
may. as necessary. desi4nate the location for the plate. decal or other identification to be
displayed when the Controller issues the license.
~f,) Inspections:
~1,~ Before any vehicle may be approved for a restricted or nonrestricted license,
the vehicle must be inspected by the Division of Central Services and found by that
Division to comply with the requirements of this Section. The Division of Central Services
shall use an inspection form prescribed by the Controller's Office to determine that all
requirements in this Section are met in order for the vehicle to be licensed.
Before any person. may receive a restricted or nonrestricted license, the
Department of Code Enforcement must determine where the vehicles will be stored and
unloaded, and determine that the proposed licensee's operation will not violate any zoning,
environmental, or other ordinances of the City of South Bend.
{fj~ License denial, suspension or revocation. The Controller
shall have the authority to suspend or revoke such license, or may refuse to issue any such
license under this section for any of the causes stated and in accordance with the
procedures established in section 4-16.
{~j~ Specific violations; penalties and remedies:
(1)
No vehicle that is subject to the licensing provisions of this section which is partially or
totally filled with garbage ortrash-, may be parked and left unattended at anyproperty used
as a single-family, two-family, or multifamily dwelling, or on any street abutting such
property..
(2) If any vehicle which is subject to the provisions of this section is found in
operation upon any public street, highway or alley of the City without displaying its
restricted or nonrestricted fieerrse number plate, decal, orother identification in a prominent
place so as to be visible at all times, it shall be prima facie evidence that the vehicle is
being operated in violation of the licensing provisions. If the owner of the vehicle fails to
produce a restricted or nonrestricted license duly issued by the City at the request of any
member of the Police Department or a Department of Code Enforcement
Officer discovering the vehicle, the vehicle shall be impounded. Before the owner may
recover possession of iris the impounded vehicle, ire the owner shall provide proof e#
ev~ersl~ that he or she is the title holder of the vehicle and
shall afsa pay a fine in the amount of three hundred
dollars ($300.00, ,and all costs incurred in the impoundment1 a~ storage, and cleaning
of the vehicle.
(3) If any vehicle which is subject to the licensing provisions of this section is
found operating without a covering which is kept completely and securely fastened, except
when loading and unloading, it shall be prima facie evidence that the vehicle is being
operated in violation of the cover provisions of this section.
(4) The owner of any Arrp vehicle found in violation of any provisions of this
article shall be subject to a fine of three hundred dollars ($300.00), and to the provisions
of g~seefiein~ section 16-57 of this Code.
~5,) All fines imposed pursuant to this section shall be processed throuc ha the
Ordinance Violations Bureau.
LI,~ Length oflicenses: effective dates ofrequirements. All vehicles with licenses issued
under this section at the time of passage of this ordinance shall retain valid licenses until
May 1 of 2002, and shall have until that date to comply with subsections (b~(2Z(e) or (c~(6~
All persons and vehicles not validly licensed under this section on or before the passage
of this ordinance must meet all requirements for the issuance of a license under this
section before receiving a license.
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 publication as required by
law.
Member of the Common C u~nci
1 st READING ~ O 6 ~~' ` _`
PUBLIC HEARING ~Z-\D'o~ 0.~ S U, ~ o
3rd READING 'lZ-lO-O\ aS Su.~S~a~
NOT APPROVED
REFERRED ( I
PASSED ~2-10-~\ aCS S(1b~i~'w~~--U
Filed in Cleriz's Office
o~c ~ ~ X001
LORtdTTA J. DUDA
CITY CL&il~ ~,0. FJ:h'D~ td~.
COMMITTEE REPORT
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
100-01 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, AMENDING CHAPTER 4 OF THE SOUTH
BEND MUNICIPAL CODE TO REVISE PROVISIONS FOR THE
SCHEDULING OF LICENSE RENEWALS AND FOR THE
LICENSING OF RUBBISH AND GARBAGE REMOVAL VEHICLES
Respectfully report that they have examined the matter and that in their opinion, this bill
is being recommended to the full Council with a favorable recommendation as
substituted with no cover letter to explain. Several sections were changed.
Andrew Udjak
Chairman
COUNTY-CITY BUILDING
SOUTH BEND, INDIANA 46601-1830
PHONE 219/ 235-9216
FAx 219/235-9928
TDD 219/ 235-5567
CITY QF SOUTH BEND STEPHEN J. LUECKE, MAYOR
DEPARTMENT OF ADMINISTRATION AND FINANCE
October 1, 2001
Ms. Charlotte Pfeifer, President
South Bend Common Council
County-City Building
227 W. Jefferson Boulevard
South Bend, IN 46601
RE: Proposed Amendments to Sections 4-17 and 4-48 of the South Bend Municipal Code
Dear Ms. Pfeifer:
Attached for filing with the South Bend Common Council, please find.a proposed bill to
amend the current Rubbish and Garbage Removal Ordinance, found at Section 4-48 of the
South Bend Municipal Code. The bill is needed to modernize and clarify the requirements
and procedures for administering licenses for rubbish and garbage removal.
The proposed bill is also intended to shift the licensing renewal dates for rubbish and
garbage removal services and for restaurants. This shift in renewal dates will enable the
Controller's Office to schedule inspections and administer licenses more efficiently.
I would greatly appreciate it if the Common Council would favorably considerthis proposed
ordinance. If you should have any questions regarding this matter, please do not hesitate
to contact Assistant City Attorney Ann-Carol Nash or me.
Sincerely,
~,~~-
Liz Rowe
Director of City Finance
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Enclosure
cc: Mayor Luecke, Kathleen Davis, Ann-Carol Nash, Charles Clark, Don Fozo,
Catherine Brucker, Jack Reed, Bert Prawat
CnTxEIUNEA.HUSSnRU-SHEnD LIZROWE THOMASSKARBEK SusnNWaLIncE RosERTAu.EIv
DIRECTOR DIRECTOR DIRECTOR MANAGER DIRECTOR
HUMAN RESOURCES CITY FINANCE BUDGETING ~ FINANCIAL REPORTING BENEFITS INFORMATION TECHNOLOGY