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HomeMy WebLinkAboutAmending Chapter 9, Article 4 Commonly known as Leaf burning and air pollution controlORDINANCE No. 8023-89 Passed by the Common Council of the City of South Bend, Indiana October Attest: Attest: IRENE K. GAMMON City Clerk of Common Council Presented by me to the Mayor of the City of South Bend, Indiana October 10, 89 Ig 9, Iq 89 IRENE K. GAMMON Approved and signed by me ~~ r~~ ~ a Ig ~ Clerk Substitute Bill No. 12 2-88 Ordinance No . p 0 ~ ~ ~3 ~ ~ C, AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 9, ARTICLE 4, COMMONLY KNOWN AS LEAF BURNING AND AIR POLLUTION CONTROL STATEMENT OF PURPOSE AND INTENT On July 25, 1988, the South Bend Common Council passed Ordinance No. 7895-88. This ordinance reduced the period of time for leaf burning to October 29th through November 26th, and called for a total ban on the burning of leaves, rubbish, and trash by January 1, 1991. Although leaf burning has been curtailed since the passage of Ordinance No. 7895-88, the need for a total ban by the end of this year is apparent. On April 25, 1989, the Council passed ordinance No. 7980-89 which deleted the "warning nature" procedure from Section 9-24. The following bill incorporates changes so that "Operation Relief" can be in effect this coming leaf season. The Bill focuses upon the public health and safety concerns of our entire community. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. Chapter 9, Article 4 of the Municipal Code of the City of South Bend, Indiana, is amended to read as follows: CHAPTER 9 FIRE PREVENTION. Article 4. Leaf Burning and~Air Pollution Control Sec. 9-19. Intent and Purposes of Article. The Common Council believes that reasonable regulations should be enacted to minimize air pollution caused by burning within our city. Sec. 9-20. Types of Burning Prohibited. (a) No person shall start, kindle, cause, allow, or maintain any form of leaf burning or rubbish or trash burning on private or public property, except as specifically authorized by this Code. (b) No person shall burn or cause to be burned, any leaves, grass, tree limbs, branches, paper, rubbish or trash, upon any street, alley, or sidewalk within the City. See---9-~~-----3,eftf---~Bi~°n-i-~3c~-- Fe~~nrr€t-~c~---err--Alternate ealenela~-Baps- {a}-- bee-€-btt~n~ng-~rE~i3 ~-perm~tteel-~i.~~ri-n-~~te--Sitp €~em-6ehe19er-~ 9-th~et~gh-Pie ember-~ 6th- {19}--Bea€-bttrning-shell-enlp-be-elene-as-~elle~as {~}--6n-even-ntxmbereel-ealenelar-elaps-€er-all preperties-leeateel-East-ef-Miehigan-Street- {z }--en-eelel-numbered-ealenelar-daps-€er-a}} prepert~es-leeateel-West-a€-A4iehigan-Street- See---9-~~-----Rules--end--Regttlatiens--6e~erning--Eea€ Bttsning- {A}---~- ~ers~arr-a€-~o~ l~s--than-s3~~ee~--(-i-6~j--yea-mss--e€ age-shall-attenel-ail-lea€-€ires- {b}--Rea€-burning-map-be-starteel-enlp-between-the-hears ef-3.-EY.-0~-~: ~t.--tl~~etrgl°Z--S-:-f}0-~~r.---~•~~r~-F~ielaps; and--~etr-3x99-~~r.- ~Y~rrc~gl~-~~3~9--gar.--eri-~t}t~s--and Strnelaps-with-all-stteh-€~res-being-e~t~ngtr~sheel-bp-6136-p-m- {e}--~P3~-8~~p-moray- issue--perieelie-1t~,e~a-f-ba-~-i-r~g--Hansa eltt~ing--~l~re--~to-rrt~s---o-€-r---a3~--#~e~~e~-~v~ie~--mot--i s eleterm~neel--~~ra~ --lea€--l~~tg -----aaeathes; ---~i~re~-,---ems atmespher~e--eerrc~~~~ai°ra--wo~~1~---~?~-~~~-ele~e~--te--the pttblie--a3~--}~~e}~e~~p----E~zeh--t1-be~a-€-~rrrrri~-Barr~LL--s~ra~33 -be ~sst~eel-bp-the-2itp-in-~*r~t~en-€erm-and-maele-a~*ailable-ta-all news-meel~a- {el}-- I~--al~a~~-he-~a--~-io-l~-ti~~--a€-~h3s--~t-i-e3-e- t-o--btt~a leases-when-a-~~a~-$tx~rri-rrg-~rrr« ~ i-n-~€€ee-t.---~~-gl°ra~~-be a - ~*-irtr3a~-ion- -o-€ -tl~ ~ a - ~A~t~e~ e- -~cr ~~a - l e a x e s - ~-~re~ ~-~a~ - t k e elates-anel-times-speel€ieel-~n-Seetien-9-~~- { e } - - ode- -f-txe3.~; - o3.-ire- ~ ~-i mr~ a-r- --s~bg€arrc~ -eYra~~ -b e used-te-start;-ignite-er-maintain-a-lea€-€ire- {€}--All-lea€-€~res-must-be-preperlp-eentaineel-anel eentrelleel-bp-the-~neli*aielttal{s }-e~rerseeing-st~eh-f ire- Sec. 9-22 Operation "Relief". (a) Beciinning in the Fall 1989 leaf pick-up season, the City shall institute a leaf pick-up program which will encompass using leaf vacuums as the Qrimary collection tool. fib) In conjunction with the leaf vacuums, all trash haulers shall continue to pick-up bagged leaves, as a condition of their license issued by the City. Sc) The City shall develop a program so that biodegradable bags can be purchased by citizens from the City• (d) Public education programs shall be developed by the City in conjunction with the Leaf Burning Task Force. Sec. 9-23. Leaf Burning Task Force. (a) The Leaf Burning Task Force of not more than fifteen (15) persons with eight (8) individuals being appointed by the Common Council and seven (7) individuals being appointed by the Mavor, each for two (2) vear terms, shall be-~eeonire~eel meet on or before April 1, 1989, 1990, to review the results of the X988 1989 Fall leaf burning season. (b) The Leaf Burning Task Force shall provide a written report to the Common Council and the Mayor on or before June 1, X969 1990, with regard to further recommendations which should be studied by the City. i~ e~eler--~o--~~~enrp~ -te eehie~*e--~-1t~o--Bt~rnu--e3~r~~t -~ c3e1°ttlft~'~*-~,--~99~- The report shall also detail a summary of all current and proposed public education programs. (c) The Leaf Burning Task Force shall study equipment needs and costs thereof, personnel needs, and all related issues in their written report. Sec. 9-24. Citations. (a) Any person found in violation of this Article shall be subject to the following procedures. The Department of Code Enforcement, Fire Department, or Police Department personnel shall: (1) Issue a citation to the violator imposing a One Hundred dollar ($100.00) fine for each subsequent violation. (b) Each subsequent starting, kindling, causing, or allowing of a new fire after a citation has been issued, shall be considered a separate offense for which a citation has been issued, shall be considered a separate offense for which a citation may be issued. (c) The citation issued under this Article shall contain the date, time, name and address of the violator, the code section violated, the nature of the violation, location of the violation, the name of the officer or inspector issuing the citation and instructions as to the disposition of the citation. (d) In such instances where a leaf burning fire results in damage and is determined to be caused by negligence or the wilful disregard or violation of any of the provisions of this Article, a fine equal to the cost expended by the City to send fire suppression personnel and equipment to the location shall be assessed with said fine not exceeding two thousand five hundred dollars ($2,500.00). (e) In the case of indigency of the defendant, the provisions of Section 1-24 of this Code shall apply. See--9-Z 5---Sunset-Pre*a~s~er~ . ~h~s-~-d-i-~tai~tc~e--si°i~~.~.--19e--3-rr-ef~eet--~t~rl--3~--~- 1991; --~at--wk~ei~-~i~ne--b~i~~3~g--o-€~-3e~a~e~--rtrl~)~~~1°r-rtrr--t~asl~ s1~a11-be-banned-W~tl~in-tl~e-Hite-a€-Set~th-Benelr 3 SECTION II. This Ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Membef of ~"o Council Member o th omm~fi C uncil Memb the Com on C nci ~~~~ ~~ Member of the Common Council er of ~~ ~ommon~ouncil 1st RE/~DNG ~ ~- a ~ " a PUBLlC liEgR1NG/~ NOT APPRlOVEb ~© ~~~ REFERRED PASSED ~~, ~_ ~ C1~ ~ Q~1~1,~/l,a~- SEP ~ i 1989 GENE GA~M~ rrt•r r, 4 Member of the Common Council Bill No. Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 9, ARTICLE 4, COMMONLY KNOWN AS LEAF BURNING AND AIR POLLUTION CONTROL STATEMENT OF PURPOSE AND INTENT On July 25, 1988, the South Bend Common Council passed Ordinance No. 7895-88. This ordinance reduced the period of time for leaf burning to October 29th through November 26th, and called for a total ban on the burning of leaves,. rubbish, and trash by January 1, 1991. Although leaf burning has• been curtailed since the passage of Ordinance No. 789.5-88, the need for a total ban by the end of this year is apparent. The following bill is based upon the public health and safety concerns of our entire community. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. Chapter 9, Article 4 of the Municipal Code of the City of South Bend, Indiana, is amended to read as follows: CHAPTER 9 FIRE PREVENTION. Article 4. Leaf Burning and Air Pollution Control Sec. 9-19. Intent and Purposes of Article. The Common Council believes that reasonable regulations should be enacted to minimize air pollution caused by burning within our city. Sec. 9-20. Types of Burning Prohibited. (a) No person shall start, kindle, cause, allow, or maintain any•form of leaf burning or rubbish or trash burning on private or public property, except as specifically authorized by this Code. (b) No person shall burn or cause to be burned, any leaves, grass, tree limbs, branches, paper, rubbish or trash, upon any street, alley, or sidewalk within the City. See.---9-~~----- --$t~°n-i-~~- Pe-~trtt~---air--Alternate Baler~ela~-Baps- f a}-- I~€--19tt~ni~g-~ra3.3 -be--permitted--~ti~~ri.~r~~-Eitp €gem-6etebe~-z~9-tl~~et~gl~-Ideb*embe~-~6tkr fb}--Bea€-btt~ning-91~a1€-en€p-be-elene-as-€elle~as f1}--6n-even-nttmbe~ed-ea~endar-daps-€e~-a€€ p~epe~t~es-~eeateel-East-a€-Miek~gan-St~eet,- f ~}--9~-edd-flttmbe~eel-ea€enela~-elaps-€e~-a}} p~epe~ties-€eeated-West-a€-Pgiekigan-St~eet- See---9-~~-----Rules--and--Regt~latiens--6e~erning--bea€ Bt~~ning- {A}---~r-pe~eei°t-e~-~to~ 1~9--t~rar~-s~~tee~--(3-6-j-~eti~-~-e€ age-shall-attend-all-lea€-fires- {19}--€ea€-btr~ning-map-be-stated-enlp-between-tpie-ptetr~s e€--3-0-:-E}O--~-: ~r.--tkret~gl~-~-E}D••--p-: att.---l~~~t~--P~ielaps ; and-~t-~,te~e3r-3LSS--a:~r.- t~tl~-~i3~--p-:~ct--e~--S~a~t~•-anel Sttndaps-with-all-step:-€i~es-being-e~tingxisp:ed-bp-6-3A-p-m- {e}--~Ppie--C'itp-~ta~ issue--periedie-1'-letrf--~-~ti~g--Hansa dtt~ing--€pre--~to-~t~--o-~--©ct~r---ate--lio~*L-~ai°ie~--it--is dete~xtined--~lra~ --€ea€--lrti~-ice --aim---weatpie~; ---~i~x}-,---ems at~nespp:eerie--ear~~€~a~e--~c~t~-l~-~~--z;~rz~-ele~~e~-to--tke pt~blie--c~~--}~~epe~tp----S~zeh--~Lbee-€-~ti~-Bai°rs~LL--s~x~l-~ -be issued-bp-tpte-eitp-in-~rritten-€arm-and-made-a~*ailable-te-all news-media- {d}-- It--epta~~-be-~--~io-l-a~ti-o~-a€-~i~~s-~t~-e3.~- tc}-btt~n leases-wpien-e-~'lea~--B~rr~ri~--~~'- ice- r3--e-€€e~t.---~~-spra~~-be a - ~*3o3~a~3.~fxr -o-f- -tpr ig - ~~~3e~. e- ~ o- ~~~ - l e a~ e s - -o-tlre~ ~-~i~ - tp: e dates-and-times-sgeeified-in-Seetien-9-~1- { e } - - ido- -ftrei-s; - -ga~o-l-i-ne- -o~- -9-imrl-~r- --et~s~~anc~es~ -spr a € ~ - b e used-te-start--ignite-ems-maintain-a-leaf-€i~e- {f}--All-leaf-ties-mast-be-p~epe~lp-eentained-and eentrelled-bp-tpie-indi~*idttal{s}-e~e~seeing-sttep:-fi~e- See.--9-A3. Sec. 9-22. Leaf Burning Task Force. (a) The Leaf Burning Task Force of not more than fifteen (151 persons shall be-~eeo~n~e~eel meet on or before April 1, 1989, to review the results of this 1988 Fall leaf burning season. (b) The Leaf Burning Task Force shall provide a written report to the Common Council and the Mayor on or before June 1, 1989, with regard to further recommendations which should be studied by the City. in-e~ele~-~o-~t~e~xt~r~ ~-e aep:ie~*e-a-uPde-Btt~nu-en~ti~enment-bp-aant~a~p-l,--1991- (c) The Leaf Burning Task Force shall study equipment needs and costs thereof, personnel needs, and all related issues in their written report. See.--9-~~. Sec. 9-23. Warninct Notices and Citations. (a) Any person found in violation of this Article shall be subject to the following procedures. The Department of Code Enforcement, Fire Department, or Police Department personnel shall: (1) Issue a warning notice to a first-time violator stating that he or she is in violation, that he or she must correct the violation and that failure to do so may result in a citation being issued for the violation. All leaf burning shall cease. and desis upon a warning notice being issued. and-iea€-~~ ~ra33--~ro-t -bee~-i-n--~i~-~i~ atrtp:e~i~ed-bp-tp:e-Eitp-€e~-tp:at-leeatien . (2) Issue a citation to the violator imposing a One Hundred dollar ($100.00) fine for each subsequent violation after a warning notice has been issued. (b) Each subsequent starting, kindling, causing, or allowing of a new fire after a warning notice or citation has been issued, shall be considered a separate offense for which a citation has been issued, shall be considered a separate offense for which a citation may be issued. (c) The warning notice issued under this Article shall contain the date, time, name and address of the violator, the Code section violated, nature of violation, location of the violation(s), the name of the officer or inspector issuing the warning notice and the telephone number of the office to contact for information. (d) The citation issued under this Article shall contain the date, time, name and address of the violator, the code section violated, the nature of the violation, location of the violation, the name of the officer or inspector issuing the citation and instructions as to the disposition of the citation. (e) In such instances where a leaf burning fire results in damage and is determined to be caused by negligence or the wilful disregard or violation of any of the provisions of this Article, a fine equal to the cost expended by the City to send fire suppression personnel and equipment to the location shall be assessed with said fine not exceeding two thousand five hundred dollars ($2,500.00). (f) In the case of indigency of the defendant, the provisions of Section 1-24 of this Code shall apply. See--9-~5---Sunset-pre~*~sien. Y~l°iis--c~.°d-i-rra~}c~e--si~a~3- lie--3.-rr-a€€eet--~ttr~-~-a~rtre-ry--€; X991; --et -w~iiei~--mime--b~~~n3~g--o-€~--3.~e~a~ss;--rtt191~~e1~--Frri-Mask shall-be-banned-~*~tki~-tke-2~tp-a€-Setttk-Bend- SECTION II. This Ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. emb~ of th Common Council e 1st READING ~ ~ - ~ ~ ~ ~ g NOV 2 2 1988 Member of the Common Council Member of the Common Council Member of the Common Council Member of the Common Council Member of the Common Council Member of the Common Council Member of the Common Counc PU4LiC Fi~ARING 2nd READING NOT APPROVED REFERRED PASSED ~'~TY CLEt~4~, S~, R~=""'