HomeMy WebLinkAboutOrdinance Providing for the Inspection of Motor VehiclesIC .
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ORDINANCE ITO. 3 \ 4_
AN ORDINANCE PROVIDING FOR THE
INSPECTION OF MOTOR VEHICLES
WIMAS, the great number of persons injured and killed
in motor vehicle accidents is, in no small measure, due to the
operation of vehicles which are not equipped with proper brakes
and connections, lights, signalling devices, windshield wipers,
reflectors, stop lights, draw bars and couplings, tires, rear
vision mirrors or reflectors, steering mechanism, wheel align-
ment and other safety factors which do not meet the standards of
safety fixed by lawful authority; and
WHEREAS, the power to make inspections and tests of
motor vehicles, granted to regularly constituted police forces of
this state, has not, in this city, been efficiently exercised
because of lack of facilities and equipment;
BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF
SOUTH BENDS
Section 1. The term *motor vehicle", as used in this
ordinance, shall be construed to include automobiies,biisses,
trucks, tractors, trailers, semi - trailers and all other vehicles
propelled other than by muscular power, excepting traction
engines, tractors used exclusively in drawing or propelling farm
machinery, road rollers, road or street sprinklers, motor vehicles
running only upon rails or tracks, fire engines and wagons,
municipal owned ambulances and police patrol wagons.
The word *Board• shall mean the Board of Public Works
and Safety in charge of the regularly constituted policq force
of the City of South Bend.
The words *brakes ** *lights*, *signalling devices*,
*windshield wipers *, *reflectors*, *stop lights% *draw bars and
couplings *, *tires", Itrear vision mirrors* or *reflectors *,
*steering mechanism* and *wheel alignment" and other words and
phrases used in the statute and in this ordinance are declared to
be defined in the same manner as like words and phrases are defined
in or under the motor vehicle laws of the State of Indiana.
Section 2. The Board of public Works and Safety of
the City of South Bend is hereby authorized and directed to
establish at a convenient place or places within the city of
South Bend one or more stations where tests of automobiles may
be wades to provide such mechanical devices and equipment at such
station or stations as shall be sufficient to make, with
precision, lawful tests of motor vehicles; to conduct the tests
of Motor vehicles as by the motor vehicle laws of the State of
Indiana authorized= to provide for such personnel to make said
tests and to operate said stations as said Board may determine
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to be necessary and efficient to perform the duties authorized
by this ordinance or by law; and to prepare and furnish
certificates or tags to be attached to motor vehicles inspected
which shall successfully pass the tests of safety required by
law.
Section 3. Said Board shall, upon the completion of
its arrangements for the testing of motor vehicles, give
notice to the vehicle owners affected hereby of such readiness
for testing, which notice shall designate the location of the
established testing station or stations, the date on which
inspections shall begin, the hours and days during which such
stations will be open to conduct tests. Said notice shall be
published at least one time in each of two newspapers of general
circulation printed and published in the City of South Bend, not
less than five days before the date upon which said stations
shall be open to conduct tests, Said notice may contain any
other information the Board may deem advisable to publish.
Section 4. It shall be unlawful for any person to use
any such testing station or the equipment thereof for the purpose
of making repairs to motor vehicles.
Section 5. It shall be unlawful for any officer or
employee of the City of South Bend engaged, directly or indirectly,
in the making of the inspections and testes, to recommend or
suggest, while in the performance of his testing and inspection
duties, the name of any person, firm or corporation engaged in
the business of repairing motor vehicles.
Section 6. It shall be unlawful for any person,
firm or corporation to advertise for or solicit motor vehicle
repair work on the premises of any inspection station or on the
highway immediately adjacent thereto.
Section ?. Every licensed motor vehicle operated
upon the public highways within the corporate limits of the City
of South Bend, owned by a resident of South Bend or by any
person, firm or corporation maintaining in South Bend a place of
business, other than the United States of Americas shall be
presented, at least two times each year, at an established station
for inspection by said Board; provided, howrever, if the notice
published, as required in Section 3 hereof, shall establish
a time well within the calendar year when the first tests shall
commence, the first period of inspection may be for a greater or
lesser period of time than six (6) months, and may end with the
last day of the calendar year in which said notice has been
published, to the end that the semi- annual inspection periods
may commence with the first day of the next year.
To avoid inconvenience and confusion, the Board may
distribute the total inspections of motor vehicless, for any
inspection period, over the whole or any part of said period, ands
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to aid in the orderly presentation of motor vehicles for
inspection, may mail notices to the owners of motor vehicles to
present same for inspection at designated inspection stations
and within the time allotted in such notice, or may give notice
in any other form determined by the Board to the said owners of
motor vehicles.
The owner of each motor vehicle falling within the
class herein specified shall present same for inspection by said
Board at the time and place designated in any notice given by the
Boards provided, however, that the failure to receive or observe
notice shall not excuse any owner from presenting his respective
motor vehicle for inspection within each six monthst period.
The owner of any motor vehicle may present same for
test to any authorized station for inspection at any time and
without notice, and if the same shall be tested and a certificate
of inspection shall be attached thereto, said owner shall not be
required to present said motof vehicle for another test during
said period, unless he receives specific notice that the same
shall again be presented for reinspeotion. The presentation of a
vehicle for inspection within any designated inspection period
shall not excuse the presentation thereof for inspection during
the next inspection period.
Section 80 if, on inspection, any motor vehicle is
found by test to meet the standards of safety fixed by lawful
authority, said Board shall thereupon issue a certificate
evidencing such successful passage of inspection and the date
of such inspection, which certificate shall thereafter be visibly
displayed at such place upon or in such motor vehicle as the
same shall be attached by the inspector.
So long as said motor vehicle shall be in service, it
shall be unlawful to alter, remove, forge, imitate, deface,
destroy, cover up or mutilate any such certficate, until said
vehicle has again successfully passed inspection.
In the event any authorized and issued certificate
shall be lost, damaged or destroyed, the owner of said vehicle
shall promptly return said vehicle to the station that issued
said certificate, for a new test, and, if said motor vehicle
shall again meet the requirements of this ordinance, the Board
shall, without cost, issue a new certificate to said owner.
If any motor vehicle shall fail to meet the standard
of inspection established by law or ordinance, no certificate
shall be issued therefor by the Board, but said Board shall issue
to the person presenting said motor vehicle a statement of the
particulars in which same has been found to be defective and
shall speciy the date on which said motor vehicle shall be returned
for reinspection.
Section 9. The action of the Board in refusing to
issue a certificate evidencing that said motor.vehicle has
successfully passed the test as by law or this ordinance prescribed
may be reviewed by any court of record in St. Toseph County, on
appeal, to be taken in the same manner as appeals from Boards of
County Commissioners; but during such appeal the owner of such
vehicle shall not operate the same upon the public highways of the
City of South Bend, excepting to move the same to a place for
repair and return to the station to be reinspected.
Section 10. After notice shall be given to the owner of
any motor vehicle to present the same for inspection, it shall be
unlawful for any person to continue to operate said vehicle upon
the highways of the City of South Bend after the expiration of the
time fixed in said notice, unless the same shall be submitted for
inspection and.carries a certificate evidencing that it has passed
inspection; provided, however, that this prohibition shall not
prevent the movement of said motor vehicle, if it has been submitted
for but failed to pass inspection, from the inspection station to
a place of repair and return for reinspection. The Board may
demand, however, the presentation of any motor vehicle for
reinspection, notwithstanding the fact it carries a certificate.
Section ll. Notwithstanding the fact that any motor
vehicle shall properly carry a certificate of inspection as herein
authorized, if the owner and /or driver thereof has reason to believe
that said motor vehicle has became unsafe for operation upon public
highways, it shall be his duty to cause the same to be promptly
presented to an inspection station for reinspection; provided,
however, that this section of the ordinance.shali not apply to
lights, signalling devices, mirrors, or tires, if the same shall be
immediately properly replaced or repaired when found to be defective.
Section 12. If, subsequent to the making of inspection
of any motor vehicle as herein required, the same shall be sold
and the possession transferred from one person to another, such
motor vehicle shall, within five days of such transfer, be presented
to an inspection station for reinspection; provided, however, that
this section shall not apply to sales of newly manufactured motor
vehicles by authorize& dealers or agencies, nor to used cars sold
by individual owners to authorized dealers and agencies, but when
resold or used by said agency or dealer, they shall be reinspected
and subject to this ordinance.
Section 13. The inspection of motor ♦lahicles required
by this ordinance shall include brakes, lights, signalling
devices, windshield wipers, rear vision mirrors, reflectors,
steering mechanism, wheel alignment and tires, and such other
safety factors as may enable said Board to determine that each
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motor vehicle inspected is safe for operation on the public
highways in the City of South Bend.
Section 14e The Board is authorized, in the interest
of safety, to inspect motor vehicles operated upon the public
highways in the City of South Bend and which are not owned by
residents of the City of South Bend or by any person, firm or
corporation maintaining a place of business in the City of
South Bend, as in this ordinance required, and to issue or refuse
to issue certificates of successful passage of inspection, as in
this ordinance provided; but, in such event, the person
presenting said vehble for inspection shall pay the same fees for
said inspection* when a certificate of approval has been issued,
as in this ordinance provided.
Section 15. Upon the issuance of any certificate
of satisfactory passage of inspection, the Board shall charge and
collect from the person presenting the vehicle for inspection the
sum of fifty cents provided, however, that not more than one
dollar in fees shall be charged by said Board for certificates
issued with respect to any particular motor vehicle within the
period of any twelve months, and provided, further, that no fee
shall be charged or collected from the State of Indiana, the
United States of America or from any municipal corporation of the
State of Indiana.
All monies collected by the Board under the provisions of this
ordinance shall be deposited daily with the Controller,
who shall credit.the same to an account of the general fund, to
be known as "The Yotor Vehicle Inspection Fund% and shall be
used to defray cost of buildings and equipment and the operating
and maintenance expenses of said Board in the performance of said
tests.
Section I6e Any person who shall violate any of the
provisions of this ordinance or shall fail or refuse toobey
any police order given hereunder or in accordance with the motor
vehicle law of the State of Indiana shall, upon conviction, be
fined in any sum not exceeding Fifty Dollars ($50.00) and, upon
failure to pay such fine and costs, may be imprisoned until they
are paid, not exceeding sixty days. Each day's violation of this
ordinance shall consttltute: a separate offense; provided, however,
that no owner will be deemed guilty of willfully violating the
terms of this ordinance who shall possess a certificate lawfully
Issued within the last inspection period and who has not yet
received notice to present his motor vehicle for reinspection in
the next succeeding period, unless more than six months shall
have expired since the date of the last inspection.
Section 17e The Board of Public Tafka and Safety of
the City of South Bend is hereby authorized to issue and
promulgate such rules and regulations as may be found necessary
to administer this ordinance, and in keeping with the motor
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vehicle laws of the State of Indiana.
Section 18. All ordinances or parts of ordinances
in conflict herewith are hereby repealed.
If any of the Sections or provisions of this
ordinance shall be held invalid, such invalidity shall not be
construed to invalidate, affect or change the other sections
or provisions hereof.
Section 19. This ordinance shall be in full force
and effect from and after its passage, publication and approval,
according to law.
Adopted by the Common Council of the City of South Bend,
Indiana, this day of , 1935..
Approved this day of , 1935.
Clerk
Mayor
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