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HomeMy WebLinkAboutConcerning Dealers in Scrap or Junk Materials, and Providing for the Licensing and RegulationORDINANCE No Passed by the Common Council of the City of South Bend, A. 3994 (AS AMENDED) nVv oam I#.# Presented by me to the Mayor of the City of South Bend, JULY 27TH I0 M Clerk Of Common Council Approved and signed by me JULY 27TH Ig�4 :u Clerk _ ORDINANCE NO. % 224,/(AS AMENDED) AN ORDINANCE CONCERNING DEALERS IN SCRAP OR JUNK MATERIALS, AND PRO- VIDING FOR THE LICENSING AND REGULATION THEREOF; PENALTIES FOR VIOLATIONS AND REPEALING ALL ORDINANCES IN CONFLICT. BE IT ORDAINED by the Common Council of the City of South Bend: ARTICLE I DEFINITIONS (a) The term "scrap or junk dealer" as used in this Ordinance, mean any person, or persons, firm or corporation which shall keep and maintain a yard, covered or uncovered, space or place, within the city limits of the Ci: of South Bend for the purpose of, and engaging in the business of buying or selling, exchanging or storing, of old or used materials, metal, bottles, old glassware, old tinware or paper, iron, lumber, old automobiles, rags or any other such type of material commonly called and referred to as "scrap" or "junl " (b) The term "existing scrap or junk dealer" as used in this Ordinance, shall mean a scrap dealer who has been engaged in the business of a scrap de and who has been duly licensed as a junk yard or junk dealer for a period of not less than six (6) months, consecutively, prior to the effective date of this ordinance. (e) The term "scrap or junk yard" as used in this Ordinance, shall 1. mean any such yard, area, space or place, either covered or uncovered, enclos, or unenclosed, maintained and actually used for the purpose of the or the buying or selling, storing or exchanging of any such scrap or junk materials. (d) The term "scrap or junk materials" as used in this Ordinance, shall mean any used metal, both ferrous and non - ferrous, lumber, old automobile, bottles, old glassware, old tinware, paper, rags, iron, lumber or any other suc materials commonly called and referred to as "scrap or junk materials." (e) The word "Board ", as used in this Ordinance, shall mean the Board of Public Works and Safety of the City of South Bend. 01 (1) ARTICLE II LICENSING Section 1. LICENSE REQUIRRF mTS. No personp firm or corporation shall engage in the scrap material business or hold forth as a dealer in scrap materials or keep or maintain a scrap yard within the corporate limits of the City of South Bend without first procuring from said Board an annual license fc the conduct of such business and the maintenance and operation of such a scrap yard. Section 2. LICENSE FEES. The fee for such annual license shall be Twenty -five Dollars ($25) payable to said Board at the time of the issuance of such license. Such annual license shall be effective from January 1 to 31 of the year for which the same is issued. Section 3. LICENSE APPLICATION. (a) Application by an existing and licensed scrap dealer for an original license hereunder for the location previously used and occupied by applicant for such purpose shall be made to said Board not later than sixty days after the effective date of this Ordinance in writing upon forms preser and furnished by the Board. Such a license shall be issued forthwith by the Board to any existing scrap dealer. (b) Application for renewal license subsequent to the original obtained hereunder shall be made within thirty days from the date of of the preceding annual license. Such a license shall be issued forthwith by the Board to any existing scrap dealers. (c) Application for a license hereunder by any person, firm or cor- poration for a scrap yard at a location not previously licensed hereunder, shal be accompanied by a petition consenting to the maintenance and operation of a scrap' at the location specified in the application for such license which petition shall be signed personally by a least two - thirds (2/3) of the property owners within four hundred (400) feet of the property lines of such proposed scrap yard. Such application shall also be accompanied by a drawing or diagram showing the property lines of said proposed scrap yard. (2) Section 4. APPROVAL OF APPLICATION. Upon receipt of such applica- tion for the issuance of a license for the maintenance and operation of a sera Yard at a location not previously licensed hereunder, the Clerk of said Board shall submit such application to the Fire Prevention Bureau which shall there- upon cause said premises where said proposed scrap yard is to be located to be visited and inspected for the purpose of determining whether said premises are fit and proper for the maintenance and operation of a scrap yard thereon. No such license shall be issued or submitted to said Board for its approval without the written approval endorsed upon said application by the Fire Pre- vention Bureau. Section 5. ISSUANCE OF LICENSE. Upon the approval of such appli- cations as provided by Section 4 immediately hereinabove, the Clerk of the Board shall submit to the Board for its approval and issuance to such applican a license for the maintenance and operation of a scrap yard at the new locatio If such application is disapproved by said Fire Prevention Bureau, the license shall not be issued and any license fee theretofore paid by such application shall be refunded in full. ARTICLE III RUMS AND REGULATIONS FOR THE MAINTENANCE AND OPERATION Section 1. RULES AND REGULATIONS. All scrap and junk yards shall maintained and operated in compliance with all applicable fire, health and public safety laws of the State of Indiana, and the Ordinances of the City of South Bend and the operators thereof shall (a) Remove therefrom all combustible materials and all inflammable rubbish, leaves, grass, dead trees, brush and other materials not being stored thereon as a part of the business conducted thereon; (b) Keep storerooms and garages free from rubbish, waste materials and old rags and paper not being stored thereon as a part of the business con- ducted thereon; (c) Keep all oil, gasoline, oily waste and other greasy material in metal waste cans; (d) Install and keep available fire extinguishers in close proximity to areas within such scrap yards wherein trash, metal or other waste materials may be burned; and keep and maintain therein an unobstructed fire truck lane of at least ten (10) feet in width into said yard from the main entrance thereo . (3) (e) Cause such scrap or junk yards to be checked and serviced at reasonable intervals in the effective extermination of rodents in accordance with Health Department Standards. (f) No scrap or junk shall be stored in any scrap or junk yard, u the same shall be in a building or enclosed yard, and if said junk or scrap shall be stored in a junk or and such yard sh�be enclosed by a fence at least six (6) feet in heighuttannd� con t�ted to retain all scrap and junk materials within such scrap yard, and also that said junk or scrap stored in said enclosed yard if combustible or inflammable shall not be stored closer than three (3) feet to said fence enclosing said yard. Provided, however, thai such fencing shall not be required along railroad sidings. (g) Establish and maintain separate areas at reasonably safe dis- tances from buildings and stored scrap materials to be used for the burning of old automobiles and other scrap mateiials.in such reasonable manner as to c. the least possible detriment and annoyance to occupants of adjoining properties (h) Papers, rags and other loose scrap and junk material shall be handled, stored and maintained in such a way as to prevent the same from becom• ing loose in said junk or scrap yard. Section 2, INSPECTION. It shall be the duty of the Fire Prevention Bureau to inspect each and every junk or scrap yard, or junk dealer or scrap dealer, licensed to operate as a scrap yard dealer or junk yard dealer, once every six months, for the purpose of determining whether or not the owner or operator thereof is observing and abiding by the rules and regulations above referred to. Section 3. VIOLATION. Any person, persons, firm or corporation found guilty of violating the rules and regulations above referred to, or any other provisions of this ordinance, shall be subject to having his license su pended by the Board, and upon the determination by the Fire Prevention Bureau that said junk yard or junk dealer, or scrap yard or scrap dealer, has violate any of the rules and regulations as above set forth, such Fire Prevention Burl shall notify such owner or operator of such junk or scrap yard, or shall noti] such junk dealer of such violation, in writing, and *ft said licensee shall have the right to appeal the determination by the Fire Prevention Bureau to tt Fire Board of Appeals, within ten (10) days from the receipt of said written notice. 1 tai & 2nd R%A£ ;'.�IFi7fE ELI& N%Aft- i K And if said Fire Board of Appeals shall determine that the rules and regulati or any of the terms of this Ordinance have been violated, they shall certify such findings to the Board of Public Works and Safety, who shall thereupon ho a hearing to determine whether or not such license shall be suspended for the violation of any of the rules or regulations above referred to, or any of the terms of this ordinance, until such time as the violations have been or removed. ARTICLE IV RECORD OF PURCHASES TO BE KEPT Every dealer in junk and operator of a junk yard shall keep at his place of business a record of all purchases in accordance with accepted accounting practices. ARTICLE V PENALTY Any violation of this ordinance or failure to comply with any of the provisions of this ordinance within sixty (60) days after the effective date hereof, shall be punishable by a fine not to exceed Three Hundred Dollars ($300), or imprisonment of not to exceed thirty (30) days, or both, and each day such violation shall continue shall be construed as a separate and dish offense. ARTICLE VI All ordinances, and parts or ordinances in conflict herewith, are hereby repealed. This ordinance shall be in full force and effect from and after its adoption, approval by the Mayor and legal publication. fex-,- Member 1)k Common Council f