HomeMy WebLinkAboutRegulate the Business of Installing and Servincing Television Equipment3 _
ORDINANCE No. 4421 - - -61
Passed by the Common Council of the City of South Bend,
NOVEMBER 27,
Presented by me to the Mayor of the City of South Bend,
NOVEMBER 28, __ 61
Approved and signed by me NOVEMBER 28
Clerk
of Common Council
IDEAL QgW PREBB
Clerk
44-ZI_ W
AN ORDINANCE TO REGULATE THE BUSINESS OF INSTALLING AND
SERVICING TELEVISION EQUIPMENT IN THE CITY OF SOUTH BEND; TO
PROVIDE FOR THE ADMINISTRATION AND ENFORCEMENT OF THIS ORDINANCE;
AND TO PROVIDE A PENALTY FOR THE VIOLATION OF THE TERMS
��// e�THEREOF.
J
WHEREAS, For the protection of the health and safety of
the inhabitants of the City of South Bend, Indiana, it is deemed
necessary to license and regulate persons engaged in the business or
trade of servicing and installing television receiving equipment of
the home type, used for the reception of television bands; and
WHEREAS, In order to protect the public against incompetent,
unqualified, unreliable and irresponsible persons who operate
their business in such manner as to cause damage or injury to
the public, it becomes necessary to establish a Board of Examiners
to examine the qualifications of persons engaging in the said
trade; and
WHEREAS, The hazards encountered in servicing and installing
television receiving equipment are such that fatalities result
under certain conditions due to electrical shock and serious injury
sustained from cathode ray tubes; and
WHEREAS, It is found necessary for the protection of the
public, to enact legislation to protect the health and safety of
the public and to prevent certain abuses.
NOW THEREFORE, be it hereby ordained by the Common Council
of the Civil City of South Bend, Indiana:
SECTION I.O DIVISION OF TV INSPECTION
There is hereby created a division of the Building
Department of the City of South Bend, Indiana, which shall
hereafter be called the Division of TV inspection.=
1.1 Chief TV Inspector The executive official in
charge of the Division of TV Inspection shall be known as the
:'Chief TV Inspector."
1.2 Qualification The Chief TV Inspector shall be not
less than twenty -five (25) years of age; shall be of good character
and temperate habit; shall be a citizen of the municipality; shall
Y
AN ORDINANCE TO REGULATE THE BUSINESS OF INSTALLING AND
SERVICING TELEVISION EQUIPMENT IN THE CITY OF SOUTH BEND; TO
PROVIDE FOR THE ADMINISTRATION AND ENFORCEMENT OF THIS ORDINANCE;
AND TO PROVIDE A PENALTY FOR THE VIOLATION OF THE TERMS
��// e�THEREOF.
J
WHEREAS, For the protection of the health and safety of
the inhabitants of the City of South Bend, Indiana, it is deemed
necessary to license and regulate persons engaged in the business or
trade of servicing and installing television receiving equipment of
the home type, used for the reception of television bands; and
WHEREAS, In order to protect the public against incompetent,
unqualified, unreliable and irresponsible persons who operate
their business in such manner as to cause damage or injury to
the public, it becomes necessary to establish a Board of Examiners
to examine the qualifications of persons engaging in the said
trade; and
WHEREAS, The hazards encountered in servicing and installing
television receiving equipment are such that fatalities result
under certain conditions due to electrical shock and serious injury
sustained from cathode ray tubes; and
WHEREAS, It is found necessary for the protection of the
public, to enact legislation to protect the health and safety of
the public and to prevent certain abuses.
NOW THEREFORE, be it hereby ordained by the Common Council
of the Civil City of South Bend, Indiana:
SECTION I.O DIVISION OF TV INSPECTION
There is hereby created a division of the Building
Department of the City of South Bend, Indiana, which shall
hereafter be called the Division of TV inspection.=
1.1 Chief TV Inspector The executive official in
charge of the Division of TV Inspection shall be known as the
:'Chief TV Inspector."
1.2 Qualification The Chief TV Inspector shall be not
less than twenty -five (25) years of age; shall be of good character
and temperate habit; shall be a citizen of the municipality; shall
Page #2.
have had at least five (5) years experience in the business of
servicing home type television sets and antenna, and receiving
equipment; and shall be a qualified TV Technician, and shall be
generally informed on good television antenna and receiving
equipment, service and installation,
1,3 Appointment The Chief TV Inspector shall be
appointed by the Board of Public Works and Safety.
1.4 Duties It shall be the duty of the Chief TV
Inspector to administer all the provisions of this Ordinance and
to perform such other duties as the Building Commissioner may
direct.
1.5 Assistants The Board of Public Works and
Safety may appoint such assistants as may be necessary for the
administration of this ordinance.
1.6 Restrictions No official or employee of the TV
Inspection Division shall be engaged either directly, or indirectly,
in the business of sales or service of TV antenna, receiving equip-
ment; nor shall such official or employee engage in any work which
conflicts with his official duties or with the interests of the
Department.
SECTION 2.0 TV EXAMINING BOARD
There is hereby created a TV Examining Board of the
City of South Bend, hereinafter designated as the "Board" which
shall consist of five (5) members to be appointed as follows:
Page #3.
Two (2) members, who shall be licensed TV Technicians to be appointed
by the Mayor to serve for a term of two (2) years; three (3) members,
who shall be: one person engaged in the business of selling television
sets and or equipment; one be antenna installer; and one layman, to be
appointed by the President of the Common Council, with the approval
of the Common Council, to serve for a term of one (1) year; and
thereafter each appointment shall be for a term of two (2) years
or until a successor is appointed.
Not more than one (1) member may be appointed to the
Board from any one (1) place of business and all members shall be
resident citizens of the City of South Bend and shall be not less
than twenty -five (25) years of age.
Appointments to the Board shall be made within thirty (30)
days after the effective date of this ordinance.
2.1 Duties and Authority of the Board
The Board shall hold regular meetings once a month for the
examination of applicants for licenses, provided such applications
are pending, or at the call of the chairman, or three (3) members
of the Board, provided written notice be given to all members
twenty -four (24) hours prior to the time set for such meeting.
2.2 Records A record of the proceedings of all
meetings of the Board shall be kept and be made available, upon request,
to the general public.
2.3 Rules and Regulations The Board shall establish
rules and regulations for the conduct of the business of said Board
and for the conduct of examinations, and shall make available, in
printed form, such rules and regulations for distribution to
applicants for license.
2.4 Examinations - Form
Page #4.
The examination of applicants
for license shall be in such form as the Board may deem necessary to
determine fitness, knowledge, and ability of the applicant to perform
the work permitted under the class of license desired, in accordance
with the rules and regulations established by said Board under the
provisions of 2.3.
2.5 Approval and Revocation of License
No license shall be issued or renewed without the approval
of the Board, and the Board shall have the power to revoke or suspend
any license for just and adequate cause shown and determined at a
hearing before said Board. Ten (10) days written notice of such
hearing and cause shall be given applicant.
2.6 Officers
for a term of one (1) year.
2.7 Quorum
The Board shall elect their own officers
Three (3) members of the Board shall con-
stitute a quorum for any meetings transaction of business, but any
action taken at any meeting shall require a majority vote of the
Board.
SECTION 3.0 LICENSE REQUIRED
It shall hereby be unlawful for any person in any manner,
to install, repair, replace, inspect, test or modify any home type
television receiving equipment or television antenna in the City of
South Bend unless such persons shall have been licensed by the City
of South Bend as herein provided for; nor shall any person execute
or perform any work other than that specifically permitted under
the class of license held by such person.
3.1 TV Technicians
Page #5.
A TV technician within the
meaning of this ordinance, shall be any person who may install,
repair, maintain, replace, inspect, test, or modify any home type
television receiving equipment and who shall be licensed by the
City of South Bend, Indiana.
3.2 TV Service Apprentice A TV Service Apprentice
within the meaning of this ordinance, shall be any person who is
learning the fundamentals of servicing home type television receiving
equipment by doing practical work only in the presence of and under
the direct personal supervision of a licensed TV Technician. Every
TV Service Apprentice shall have his name registered on a list kept
permanently on file in the office of the Building Commissioner.
3.3 TV Antenna Installer A TV Antenna Installer
within the meaning of this ordinance, shall be any person who may
install, maintain, repair, replace, inspect or modify television
antenna; and who shall be licensed by the City of South Bend as
herein provided for,
3.4 TV Antenna Apprentice A TV Antenna Apprentice
within the meaning of this ordinance, shall be any person who is
learning the fundamentals of installing and servicing television
antenna by doing practical work only in the presence of and under
the direct personal supervision of a licensed TV Antenna Installer.
Every TV Antenna Apprentice shall have his name registered on a list
kept permanently on file in the office of the Building Commissioner.
3.5 Exceptions No license shall be required for an
owner to do his own work on his own equipment, provided permit is
obtained as required in Section 7.0; and the provisions of this
Page - #6.
ordinance shall not apply to the installation or servicing of
industrial equipment nor to persons holding licenses from the
Federal Communications Commission to perform the acts authorized
by the license held.
SECTION 4.0 APPLICATION - QUALIFICATION
Every person desiring to secure a license under the
provisions of this ordinance, shall make application therefor
on forms provided by the Board. Said application shall contain
such information as the Board shall deem necessary to determine
the applicantts qualification for examination as herein defined,
4.1 TV Technician - Qualification Before examin-
ation is given to an applicant for a TV Technician's license,
the personapplying therefor must furnish evidence satisfactory to
the Board that he is of good character and temperate habit and
who:
(a) has been engaged for not less than two (2) years
as an apprentice in servicing TV equipment under
the supervision of a person having the qualifications
herein prescribed for TV Technician.
(b) or who exhibits a diploma or certificate showing
satisfactory completion or a course in TV repair
and maintenance conducted in a school under the
jurisdiction of the Department of Education or
approved by the Federal Government for vocational
training of honorably discharged veterans of the
armed forces of the United States of America,
Page #7.
(c)
or who
has taken
a
correspondence
course from a
(6) months
school
approved
by
the Board and
has worked for
at least one (1) year as a TV Service Apprentice.
4.2 TV Antenna Installer - Qualification Before
examination is given to an applicant for a TV Antenna Installer's
license, the person applying therefor must furnish evidence
satisfactory to the Board that he is of good character and
temperate habit and who;
(a)
has
been engaged
for
not less
than six
(6) months
Antenna
as
an apprentice
in
servicing,
testing,
and
installing TV Antenna apparatus under the super-
vision of a person having the qualifications
herein prescribed for TV Antenna Installer,
(b)
or who exhibits a diploma or
certificate
showing
satisfactory completion of a
course in TV
Antenna
installation and maintenance conducted in a school
under the jurisdiction of the Department of Education
or approved by the Federal Government for vocational
training of honorably discharged veterans of the
armed forces of the United States of America?
(c) or who has taken a correspondence course from a
school approved by the Board and has worked for at
least six (6) months as a TV Antenna Apprentice.
4.3 Examination Fee Each applicant shall pay an
examination fee of Five ($5.00) dollars at the time application
is filed. Such fees shall be deposited in the City's general
fund and may not be refunded for any reason.
4.4 Temporary License
Page #8.
Temporary license may be
issued by the Board to an applicant to do work until the next
regular or special examination to be held.
4.5 Exceptions Any person who can show to the
Board that he has been doing work within the corporate limits of
South Bend, Indiana in the class of license desired for not less
than one (1) year prior to the date of the passage of this ordinance
shall be deemed qualified and shall be issued a license without the
examination herein required, provided application therefor is made
within six (6) months after the date of the passage of this
ordinance; and further provided that all fees herein required
are paid by the applicant at the time of issuance of said license.
4.6 Owner Exemption Nothing herein contained shall
prohibit an owner from doing his own work on his own equipment
for his own use.
4.7 Failure Should an applicant fail to pass an
examination, he may be re- examined within six (6) months after
such failure without paying additional examination fees.
SECTION 5.0 ISSUANCE OF LICENSE
The City Controller shall issue a license to every
successful applicant who has paid the prescribed fees and who has
presented said Controller with a certificate of approval issued by
the Board.
Moon by Councilman Glass to amend Section 5.2, FEES,
by'striking T. V. Technician $25.00 and inserting
T. V. Technician $10.00; and by striking T.V.Antenna
Installer $15,00 and inserting T.V.Antenna Installer
$10.00. Councilman Allen seconded the motion. Motion
,carrigd.
I 1
Page #9.
5.1 Renewal All licenses shall be issued for a
period of one (1) year and shall expire on December 31st. License
shall be renewed annually by paying the prescribed fee before
February 1st. Any person failing to renew within the specified
time, shall be required to make new application and to take the
examination herein required.
5.2 Fees Annual fees for licenses issued and renewed
pursuant to the provisions of this ordinance shall be as follows:
TVTechnician ....................$25.00
TV Antenna Installer ............. 15.00
In an event an applicant is eligible for license in more than
one class, the largest fee shall cover all other fees.
5.3 Revoked License — Renewal No person whose
license has been revoked shall be again licensed for a period
of at least one (1) year after the date of revocation nor until
the Board shall have approved the re- issuance of said license.
5.4 Non- Transfer
name of the individual qualified.
All licenses shall be issued in the
SECTION 6.0 DISPLAY OF LICENSE - RECORDS
All licenses issued pursuant to the provisions of this
ordinance shall be displayed and all records kept as herein set
forth.
6.1 TV Technicians and Antenna Installers A TV
Technician and TV LAntenna Installer shall have his license on his
person at all times while engaged in the servicing of receiving
equipment or antenna equipment; shall, upon request, tender same
for inspection by any person for whom said service is being
0
i
0
Page ##10.
rendered; and shall wear in plain view a badge issued by the
Controller, showing his license number.
6.2 General All bills, cards, advertising, or stationery
issued or distributed by any person licensed or otherwise accredited
by this Ordinance, shall contain his name and address, and number
of his license.
6.3 Records Every person licensed pursuant to the
provisions of this ordinance, or his employer, shall keep a record
of all work and service performed. Such record shall be kept on
file for a period of not less than eighteen (18) months after such
work is performed and shall be made available to the Board upon
request. Such record shall show the date of the transaction, the
nature of the work, the name and address of the person for whom the
work was performed, and the make and serial number of any equipment
serviced.
SECTION 7.0 PERMITS - CONSTRUCTION
Before any work is commenced under the provisions of this
ordinance, permit shall be obtained from the Building Commissioner
when, or if, required by Ordinance #4381 -61 commonly known as the
Building Code of the City of South Bend; and all work shall be
performed in accordance with provisions as set forth in said code.
SECTION 8.0 VALIDITY
If any section, sub - section, sentence, clause, phrase
or portion of the ordinance is for any reason held invalid or
unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent
provision and such holding shall not effect the validity of the
remaining portions thereof.
Page #11.
SECTION 9.0 CONFLICTING ORDINANCES
All ordinances or parts of ordinances in conflict
herewith are hereby repealed only to the extent necessary to
give this ordinance full force and effect.
SECTION 10.0 VIOLATION PENALTY
Any person violating any of the provisions of this law
shall be deemed guilty of a misdemeanor and upon conviction thereof
shall be fined not to exceed $500.00. Each day such violation is
committed, or permitted to continue, shall constitute a separate
offense and shall be punishable as such hereunder.
SECTION 11:.0 EFFECT
This ordinance shall be in full force and effect from and
after its passage by the Common Council, its approval by the Mayor
and the fulfillment of all statutory requirements relating thereto.
0. ot& a_
M n
ber of the Common Coucih
Passed by the Common Council of the City of South Bend,
Indiana on this a7-day of /l.tyc, Q,.,,., , 19 G ,
and on said day signed by the President of the Common Council
and attested by the City Clerk.
P esid'nt
/ QQ
Attest
City Clerk
Presented by me, the undersigned, City Clerk of the City
of South Bend, Indiana, to the Mayor of said City, this a ' day
of sr,e.�Qi¢y� , 19--L4— at / "d ch --(I—M, for
his consideration and action thereon.
Page #12.
Having examined the foregoing ordinance, I do now, as
Mayor, of the City of South Bend, Indiana, approve said ordinance
and return same to the
City
Clerk,
this
day
oflh—zve-,._.P...�
1 19 /1z Y
at
I () : (j
5�
-
Mayor
KE WHILE
Tone uittu Eeport
Xv the (Qnuunau Touuril of the (guy of 00uth stub:
Your Committee of the Whole,
to whom was referred
AN ORDINANCE TO REGULATE THE BUSINESS OF INSTALLING AND SERVICING TELEVISION EQUIPMENT
IN THE CITY OF SOUTH BEND; TO PROVIDE FOR THE ADMINISTRATION AND ENFORCEMENT OF THIS
ORDINANCE; AND TO PROVIDE A PENALTY FOR THE VIOLATION OF THE TERMS THEREOF,
Respectfully report that they have examined the matter and that in their opinion
IT SHOULD BE
November 27, 1961
WontmltUr Irpart.
October 23,1961.
U!o t4c ISOM U Moundl of toe Tug of #VW4 Beuk:
Your Committee
an Ordinances
to whom was referred
The T +V.Ordinance
Did meet on October 6,1961 and October 2001961 and
Respectfully report that they have examined the matter and that in their opinion
Said ordinance as referred should be amended, revised and re- introduced
as a new ordinance and in connection therewith tenders for let and
2nd reading the attached amended and revised ordinance for the regu-
lation and examination and licensing of TV technicians and TV
. antenna installers of home type TV sets and antennas.
I
,Chester Allehairman
(II>immittrr arpart
110 tot (4omman Monmil of tlir (ITUR of 601d4 Brnd:
Your Committee on Ordinances,
to whom was referred
AN ORDINANCE TO REGULATE THE BUSINESS OF INSTALLING AND SERVICING
TELEVISION EQUIPMENT IN THE CITY OF SOUTH BEND; TO PROVIDE FOR ITHE
ADMINISTRATION AND ENFORCEMENT OF THIS ORDINANCE; AND TO PROVIDE A PENALTY
FOR THE VIOLATION OF THE TERMS THEREOF.
Respectfully report thatJ% The Ordinance Committee has
been furnished two different copies of a revised version of a proposed
Ordinance to regulate the installation and servicing of television sets,
the last version was delivered just this evening and the Committee has not
had time to meet and consider these revisions. Therefore, the Ordinance
Committee will convene for the consideration of these revisions and report
their recommendations at the next regulat meeting of the Council.
September 25, 1961