HomeMy WebLinkAboutProhibiting the Depositing of Abnoxious, Unwholesome, Unsanitary, Combustible or Odoriferous MaterialsORDINANCE No. ✓wry
Passed by the Common Council of the City of South Bend,
Presented by me to the Mayor of the City of South Bend,
Clerk
of Common Council
Approved and signed by
'Q01-7
Clerk
ORDINANCE N0, S377
AN ORDINANCE PROHIBITING THE DEPOSITING OF
OBNOKCOUS, UNWHOLESOME, UNSANITARY, COMBUSTIBLE
OR O�JOF� *RbUS MATERIALS, ORGANIC MATTER, MATERIALS
WHICH BREED VERMIN, TIN CANS, GLASS, ASKS OR
OTHER THINGS, ?!ATTARS OR OBJECTS WHICH ARE UN-
SIGHTLY, UNPLEASANT, UNAESTFLTIC OR UNSAFE,
WITHIN TIE SOUTH BEND CITY LIMITS, OR NEARER
THAN ONE — QUARTER MILE TO THE CORPORATE LIMITS
THEREOF; PROVIDING FOR THE DEPOSITS OF SUCH
MATERIALS WITHIN THE CITY LIMITS ON'LANDS, TO
THE 071NERS OR LESSEES OF WHICH A PERMIT HAS BE�I r,
GRANTED, WITH THE APPROVAL OF THE BOARD OF H;
DELEGATING AUTHORITY TO THE BOARD OF OF
CITY OF SOUTH BE TO ADMINISTER SAID ORDINA
AND PROMULGATE REASONABLE, -RULES AND., REGULATIONS
TO CARRY IT INTO, EFFECT; 'MAKING IT.,UNLAI1?FUL FOR
PERSONS AND EltiTIES TO DEPOSIT MATERIALS ABOVE
MENTIONED ON LANDS FOR WHICH NO PERMIT TO DEPOSIT
THEREON HAS BEEN OBTAINED, ,ADTD TiTAKII$G' IT UNLAWFUL
TO DEPOSIT ON LANDS FOR FTI<CH THERE +EXISTS A
PERMIT AND THE HOLDER OF.SAID PERTdIIT,HAS VIOLATED
THE RULES AND REGULATIONS OF THE BOARD; PRO-
VIDING FOR THE REVOCATION BY THE BOARD 8 i�-
OF PERMITS AND LICENSES; PRESCRIBING THE HEIGHT
AT b "TIICH O?,NERS AND HOLDERS OF PERiTITS MUST DESIST
FROM ALLOWING DEPOSITS OF MATERIALS ON HIS "LANDS;
MAKING IT Ttli DUTY OF Ov ";iN_RS TO DISPOSE OF OR
COVER UP MATERIALS DEPOSITED ON THEIR LAND WITHOUT
THEIR CONSENT OR T,[NOi',:LEDGE; MAKING IT THE DUTY
OF THE HOLDER OF A PERMIT TO SUPERVISE TIM DE-
POSITING OF SUCH MATERIALS IN ACCORDANCE 'lsTTH THE
RULES AND REGULATIONS OF TIE BOARD; FORBIDDING
THE TRANSPORTATION OF SUCH MATERIALS ABOVE MEN-
TIONED FOR A CONSIDERATION WITHOUT A LICENSE;
PROVIDING THj_ TERMS UPON WHICH A LICENSE SHALL BE �Jryyi
ISSUED TO A. TRANSPORTEP. BY THE BOARD OF HRH AND
TIM PRICE THEREOF; n4AKING IT MANDATORY FOR A
TRANSPORTER OF THE MATERIALS ABOVE MENTIONED TO
DISPLAY LICENSE PLATE FURNISHED TO HIM BY THE CITY
CONTROLLER, AND PROVIDING THE KAIMER IN WHICH THE
TRANSPORTER SHALL LOAD TF?µ' LICENSED VEHICLE;
PROHIBITING DEPOSITING OR TRAz'NSPORTING OF MATERIALS
ON SUNDAYS, LEGAL HOLIDAYS, OR AT ANY TIME OTHER
THAN ONE HOUR AFTER SUNRISE AND ONE HOUR BEFORE
SUNDOWN; PROHIBITING THE HAULING OF MATERIALS
FROM OUTSIDE THE CITY LIMITS TO NTITB.IN TIM CITY
LIMITS; PROHIBITING THE LITTERING OF THE STREETS
WITH THINGS, OBJECTS AND MATERIALS; REQUIRING
ODORIFEROUS MATERIAL TO BE SECURELY SEALED WITHIN
A CONTAINER, AND REQUIRIING COMBUSTIBLE MATERIAL
TO BE SEGREGATED AND KEPT IN A COVERED CONTAINER;
AND PROVIDING PENALTIES FOR *+E: VIOLATION 43
VfTLREAS, the practice of depositing the materials,
objects and things referred to in the title above, at ia plokce
an(I at €p; tlzAe, within end immediately without the corporate
city limits has become prevalent; and
111I3EREAS, the owners or lessors of the places where
said unregulated deposits are made assume and exercise no
responsibility in regard thereto; and
WBEREAS, the streets of the city receive a certain
amount of materials in the transporting thereof by reason of the
construction of the hauling vehicles, their inadequacy, or
overloading; and
V,FH REAS, persons are found _not to segregate, seal and
beep covered odoriferous and combustible materials; and
IMIREAS, the practices, as mentioned, are affecting
the health and safety of the city's inhabitants and property
values.
NOW, TIMMEFORE, BE IT ORDAINED by the Common Council
of the City of South Bend, Indiana, as follows:
Section 1:
No person, firm, partnership or corporation shall
deposit, cause to be deposited, or allow to be deposited, on land
which he, she )or it,owns or leases, obnoxious) unVrholesome,.
unsanitary, combustible or odoriferous material, or materials,
organic matter, materials which breed vermin, tin cans, glass,
ashes or any other matter, object or thing which is either un-
sightly, unpleasant, unaesthetic or unsafe, at any place within
the city limits of South Bend, Indiana, or at any place which is
less than one- auarter mile from the corporate limits thereof,
except as in this ordinance otherwise provided.
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Section 2• t 4 '
The Board of -GS shall have authority to make all
such reasonable rules and regulations as may be deemed necessary
or desirable to carry out the provisions of this ordinance, and
which are not inconsistent herewith.
Section 3•
The material, things and objects referred to in Sec
1 may be deposited within the limits of the City of South Bend,
Indiana, and nearer than one - quarter mile from the corporate
limits; provided that the owner of the land within said area., .
on which the deposit is sought, has obtained the approval and
n�%%eAJ. r �
i
e 4
consent of the Board of permit therefor from the City
Controller. Such permit shall be issued by the City Controller
upon being furnished with satisfactory pr of f the consent and
approval of the Board o Heap Said permit shall be considered
issued subject to the provisions of this ordinance and the rules
a4Ai.L
and regulations of t4o- Board o-f _ Under said permit the
owner or lessee will be bound to supervise and cover the deposits
of materials in accordance with the rules and regulations of the
Board of = wealth.
Section 4•
Upon the Board of Healt ascertaining t ha t the deposi
of any of the materials, objects or things referred to in Section
1 have been made upon property= for which no permit was obtained
by the owner or lessee hereof, as rovided in Section 3, it sh 1
be the duty of the Board to forthwith pos a. sign, or signs uraY�
said land. a.sserting,in substance, that deposits have been made
n
thereon in violation of the City's ordinances, and that further
deposits will subject the persons making them to a fine. It shall
be unlawful thereafter for any person, firm, partnership or
corporation to deposit, or cause to be deposited, any of the
—3—
materials, things and objects, mentioned in Section 1, upon lands,
the owners of which have not obtair_ed a permit. This section
shall not apply to excavation dirt.
Section 5• �M�N �y n /t.
Unon the Board of healt ascertaining that the ohaner
or lessee of land to whom a permit was issued, as provided in
Section 3, has or is violating this ordinance or any of the rules
or regulations promulgated by t � 14 the Board shall
s
have the power to revoke said ;femit upon the giving of notice to
the holder of said permit and fording an opportunity for hearing
r
Section 6•
Upon the Board of Health ascertaining that deposits of
materials, referred to in Section 1, are being permitted and made ,
on lands for which theretofore a aermi_t was granted to the owner
or lessee thereof, as provided in Section 3, which said deposits
are being made in violation of the rules and regulations of the
Board ®®of health, shalIN cause to be post�e-dd aysin n, or
ni
signs, /`upon said land substantially stating that deposits have 4,�I
been made thereon in violation of tate rules and regulations,o -f �
B.,-,Ta— aT-- - h, and that anyone thereafter depositing materials
thereon shall be subject to a fine, or fines. Thereafter, it sh
be unlawful for any person, firm, partnership or corporation to
deposit any of the materials, things or objects referred to in
Section 1 on said land. This Section shall not apply to excava
dirt.
Section 7•
Under the permit issued under Section 3, the holder
thereof may not allow the depositing of the materials, things and
objects referred to in Section 1 after a point has been reached at
which the height of the land. equals the height of the established
IM
grade of the adjoining streets and ways; excepting, however,
excavation dirt.
Section 8-
It shall be the duty of any owner of land or lessee
thereof to dispose of or cover up any of the materials, things
and objects, referred to in Section 1, deposited on land owned
or possessed by them after
the
receipt of notice from the Board
C� c:v �aesen6 I
of Healt of the presen e o any such materials, objects or
things on their land, whether the deposits were made with or
without the icnowledge or consent of the said owner or lessee.
Section 9:
No person, firm,,partnership or corporation for a
consideration shall transport, carry or haul any of the materials,
things or objects mentioned in Section 1 without first having
obtained a license from the City Controller with the approval
and consent of the Board of z`
Section 10 •
The Board of ealt hall not authorize the City
Controller to grant a license for a particular vehicle, or
vehicles, until it has caused to be ascertained that the vehicle,
or vehicles, which is or are to be used for carrying those
materials and objects, referred to in Section 1, is or are so con-
structed as to prevent the sifting, dropping and falling of the
materials as they are being transported.
Section 11•
The City Controller shall charge the sum of Fifty
(50¢) Cents for each license granted for the transportation of
materials mentioned in Section 1. -
s].ia3�1-- b€-- rAtP9��,.
all..,apPe
For eac �veh$cle licensed with the consent and approval of the
p �se1k.a.?
Board o ea tfh City Controller shall furnish a number plate
-5-
which the owner ox lesso of said vehicle must display on said
vehicle in .. �It a ce so as to be visible at all times
that said vehicle is transporting any of the materials, things or
objects referred to in Section 1.
Section 12:
i
_
NQ materials,
I1 while being transported,
objects or things
shall be above the level of the side-
boards and tailgate of the vehicle unless such materials, objects
or things are within closed .containers.
Section 13:
P
The Board oof k�'� may terminate a license when it is
determined that the holder thereof has violated any of the pro-
visions of this o dinance or any of the rules or regulations of
the Board h after the giving of notice to the holder of
said license and an opportunity for hearing.
Section 14:
No depositing or transporting of the materials, things
and objects referred to in Section 1 whatsoever shall take place
on Sundays, legal holidays, or at any other time other than
between one hour after sunrise and one hour before sundown.
Section 15•
No person, firm, partnership or corporation shall
transport, or cause to be transported, any of the materials,
objects or things referred to in Section 1 from without the city
limits to any place whatsoever within the city limits for deposit,
excepting, however, excavation dirt.
Section 16•
It shall be the duty of all persons, firms, p
and corporations to refrain from scattering on and littering the
city streets and public ways of any materials, things or objects
whatsoever.
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s
Section 18.
ADDITION TO DUMTING ORDINANCE
Anyone who shall violate any of the provisions of this
ordinance shall be fined and punished by the assessment and col-
lection of a fine not to be less than Ten Dollars nor more than
One Hundred Dollars. The penalty imposed is hereby declared to be
cumulative, and for each day during which a violation shall
continue, or occur, the offender shall be punished by a like fine
of not less than Ten Dollars nor more than One Hundred Dollars.
Section Wit.
The depositing of any of the materials referred to in
Section 1 upon property in violation pf this ordinance, or the rut
(� o (. ��
and regulations of the Board o�e�, is hereby declared a publi
nuisance. 11:!henever, therefore, it is brought to the attention of
the Board o7WImPM664 that the provisions of this ordinance, or of
the rules and regulations, are being violated by the owner, lessee
or depositor upon property, or that a public nuisance, as herein
declared, is being maintained thereon, after the giving of notice
and hearing, and reasonable opportunity for the owner, lessee or
depositor to rectify said violation, or abate said nuisance, if an
is found, the said Board of Aaai-Qi, in the eve t said violation is
not rectified, or said nuisance abated, is hereby empowered to
go upon said property upon which the violation and nuisance is
being maintained, and abate said nuisance and rectify said violation.
The expenses incurred in rectifying said violation or abating said
nuisance shall be assessed and charged against those persons
causing, permitting or maintaining the said nuisance, and collected
by the institution of suit in the name of the City of South Bend.
I
Id A 2nd READR
COMMITTEE CF 1
PUBLIC HEARIN
9n1 KW" •
Section 17•
All odoriferous, unwholesome or obnoxious materials,
things and objects, while located on the property of any person,
firm, partnership or corporation, shall be kept tightly and
securely sealed within a container; also, all materials, things
or objects which are combustible shall be segregated and kept in
a covered container.
Section 18:
o}� � vho rbhal c�°o olate.9any'o? : provisions of
this or is nce Sall be) pu'nishgri 'by ai.fine; "of not less than Ten
($10.0 ), /Dollar6 nor more tharf One Ziundrd'a ($100.00) Dollars.
Sectic[ 1-e--
Each section, sub - section, sentence, clause and phrase
of this ordinance:10-.Aeclared to be independent, and the finding
or holding of anyi_section,I"ezb- section, sentence, phrase or clause
to be unconstitutional, Von sr ineffective for any cause shall
not affect any o-f{h 'ar s @ti"; sub- section, sentence or part
thereof. , '<
?1 fie:
Section
This ordinance shall be in effect from and after its
passage by the Common Council, its approval by the Mayor and its
legal publication.
A Member f the Common Counci.
/ of the�City of South Bend.
b0 ® 14!
Passed by the Common Council this day of
1941.
Approved by the Mayor this day of
I