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HomeMy WebLinkAboutAmending Chapter 4, Article 4, Section 4-51 - to revise requirements for the licensing of scrap metal dealers, junk dearler, recycling operations, and transfer stationsORDINANCE No. 8813-97 Passed by the Common Council of the City of South Bend, Indiana July 28. 19 97 Attest: Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana July 29, 19 President of Common Council 97 City Clerk Approved and signed by me July 29, 19 97 Mayor ORDINANCE N0 . U~/ AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 4, ARTICLE 4, SECTION 4-51 OF THE SOUTH BEND MUNICIPAL CODE TO REVISE REQUIREMENTS FOR THE LICENSING OF SCRAP METAL DEALERS, JUNK DEALERS, RECYCLING OPERATIONS, AND TRANSFER STATIONS - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - STATEMENT OF PURPOSE AND INTENT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - The purpose of this ordinance is to amend Chapter 4, Article 4, Section 4-51 of the South Bend Municipal Code to revise requirements for the licensing of scrap metal dealers, junk dealers, recycling operations, and transfer stations. SECTION I. Chapter 4, Article 4, Section 4-51, of the South Bend Municipal Code shall be, and hereby is, amended to read as follows: Sec. 4-51. Scrap metal dealers, junk dealers, recycling operations, and transfer stations. (a) Definitions. As used in this section: (1) Junk dealers means any person who keeps or maintains a yard, covered or uncovered, space or place, within the City for the purpose of, and engaging in the business of, buying or selling, exchanging or storing of old or used materials, bottles, glassware, paper, bagging, rags or rope, or any other type of materia commonly referred to as "junk." (2) Recycling operators means any person who keeps or maintains a yard, covered or uncovered, space or place, within the City for the purpose of, and engaging in the business of, buying or selling, exchanging or storing of old or used materials, junk, scrap metals, or scrap materials. (3) Scrap metal dealer means any person who keeps and maintains a yard, covered or uncovered, space or place, within the City for the purpose of, and engaging in the business of, buying or selling, exchanging or storing of old or used metals, tinware, brass, copper, iron, lumber, old automobiles, or any other such type of material commonly called and referred to as "scrap metals." (4) Scrap or junk materials means any used metal, both ferrous and nonferrous, lumber, old automobiles, bottles, old glassware, old tinware, paper, rags, iron, lumber or any other such materials commonly called and referred to as "scrap or junk materials." (5) Scrap or junkyard means any yard, area, space or place, either covered or uncovered, enclosed or unenclosed, maintained and actually used for the purpose of the accumulation or the buying or selling, storing or exchanging of any such scrap metals, junk or scrap materials. (6) Transfer station means a place or location where scrap metals, junk, trash or garbage or scrap materials are deposited and then transferred in larger quantities by a different carrier. (b) Rule-marking authority of Board of Public Works. The Board of Public Works may have the authority to adopt rules and regulations pursuant to the following procedure: (1) The Board shall give at least two (2) weeks' written notice of the meeting date at which any rules or regulations may be adopted. Said notice shall be sent to the City Clerk, Common Council Members, Fire Prevention Bureau, and the Neighborhood Code Enforcement Office. (2) The Board shall enclose a verbatim copy of all proposed rules and regulations with each notice sent pursuant to this subsection. (3) No rule or regulation shall be adopted which would in effect amend the procedures included in Section 4-51 of this Code; nor shall the Board adopt any rule or regulation which broadens the intent of that section. (4) Upon the adoption of any rule or regulation, the Clerk of the Board of Public Works shall send a copy of the same to the City Clerk, Common Council Members, Fire Prevention Bureau, and the Neighborhood Code Enforcement Office. (c) Resolutions required. No person shall engage in the scrap or junk material business or hold himself forth as a dealer in scrap materials or scrap metals, keep or maintain a scrap or junkyard, recycling operation or transfer station within the City without first procuring from the Board of Public Works and the Common Council, resolutions approving the issuance of a license for the conduct of such business and the maintenance and operation of such metal yard, junkyard, recycling operation or transfer station. 2 (d) Application; zoning restrictions: (1) An application for a license under this section shall be accompanied by a drawing or diagram showing the property lines of the proposed scrap or junkyard, recycling operation or transfer station. (2) , , No license shall be issued to any proposed scrap or junkyard, recycling operation or transfer station for a location within one thousand (1,000) feet of any lot being lawfully used, entirely or in part, as a single- family, two-family, or multi-family dwelling, or any of the following zoning use districts as defined by the zoning chapter of this Code: a. "A" Resideneetial District, b. "A-1" Resideneetial District, c. "A-2".Planned Residential Development District, d. "A-3" P~e~e°~-e~--~-i-s-~i-ems Mixed Use Multi-family Residential and Commercial District, e. "B" Resideneetial District, f. "B-1" Residen~etial District, g. "C-1" Commercial, Limited Use District, h. "C-2" Planned Shopping Center District, i. "O" Office District, i. "PHC" Professional/Health Care District, unless such footage requirement is waived by specific resolution of the Common Council. Such resolution must incorporate one of the following considerations for such a waiver: that the majority of the business operation would take place within an enclosed structure, that the business would be located beyond one-half of the footage requirement or that a majority of the owners affected by the new business which are within the one thousand-foot requirement give approval. (3) The foregoing subsection (2) shall not apply to any scrap or junkyard licensed as of the effective date of this ordinance. If the license for the scrap or ~unkyard lapses for any period of time, is revoked or is not renewed for any reason, then the provisions of the foregoing subsection (2) shall apply to the scrap or ~unkyard. (e) Approvals required: (1) Upon receipt of an application for the issuance of a license for the maintenance and operation of a scrap or junkyard, 3 recycling operation, or transfer station, at a location not previously licensed, the Clerk of the Board of Public Works shall submit the application to the Fire Prevention Bureau and the Department of Code Enforcement '_'fn~?. The Bureau and Department of Code Enforcement ^~-f~~ shall cause the premises where such proposed scrap or junkyard, recycling operation or transfer station is to be located to be visited and inspected for the purpose of determining whether such premises are fit and proper for the maintenance and operation of such a business. (2) No license application shall be submitted to the Board for its approval without the written approval endorsed upon the application by the Fire Prevention Bureau and hd Department of Code Enforcement ^~~~. (f) License procedure: (1) Upon the favorable review of an applicant by the Fire Prevention Bureau and the Department of Code Enforcement ^~o~~, the Clerk of the Board of Public Works shall submit to the Board for its approval a resolution recommending the issuance or renewal of the license. Such resolution shall be submitted to the Common Council for its consideration and passage of an appropriate resolution. In determining passage of a resolution, the Common Council shall consider the effect or ~propriateness of a scrap or -iunkyard upon the surrounding area, as well as any comments or recommendations provided by the Fire Prevention Bureau, the Department of Code Enforcement, or the Board of Public Works. (2) Upon final approval of the application by the Board of Public Works and Common Council, the Controller shall issue or renew the license for maintenance and operation of a scrap or junkyard, recycling operation or transfer station. If such application is disapproved by the Fire Prevention Bureau, the ~he~a~ Department of Code Enforcement ^F~~T, the Board of Public Works, or the Common Council, the license shall not be issued. (3) Any applicant may appeal a denial of a license pursuant to the procedures set forth in section 4-16 of this chapter. (g) License fee. The fee for an annual license to operate a scrap or junkyard, recycling operation or transfer station shall be ~+ta four hundred t-wen~e dollars (~~Q) ($400.00) , payable to the Controller at the time of the issuance of such license. 4 (h) Business hours. No person licensed under this section shall receive or purchase any property whatever from any person between the hours of 8:00 p.m. and 7:00 a.m. or on Sundays or legal holidays. (i) Purchases from and sales by minors: (1) No person licensed under this article shall receive or purchase any property whatever from a minor at any time, except rags and wastepaper. (2) No minor shall sell or offer for sale to any person having a license as a junk dealer any of the articles mentioned in this article as coming under the term "junk," except the sale of rags and paper as provided in subsection (i)(1). (j) Records of purchases required. Every dealer or operator licensed under this section shall keep at his place of business a record of all purchases in accordance with accepted accounting practices. (k) Submission of records for inspection. Every dealer or operator shall, during the ordinary hours of business, submit and exhibit the records kept as provided in subsection (j) to any police officer of this City. (1) Operation and maintenance rules and regulations: (1) All scrap and junkyards, recycling operations and transfer stations, shall be maintained and operated in compliance with all applicable fire, health and public safety laws of the State and the provisions of this Code and other ordinances of the City. (2) The operators of such yards shall conform with the following rules and regulations: a. Minimum lot area for new yards: All new scrap and junkyards, recycling operations and transfer stations shall have a minimum lot area of ene (-~) five S5~ acres and shall be zoned "E" Heavy Industrial pursuant to the zoning provisions of this Code. b. Fencing: There shall be two (2) types of fencing required to enclose all scrap and junkyards, recycling operations, or transfer stations: 1. Type A fencing shall consist of fireproof material and shall be a minimum of six (6) feet in height, and 5 constructed so that it can retain all scrap and junk materials within such yards. This fencing shall be of uniform material and color and shall be kept in good repair at all times. Type A fencing shall be used except when Type B fencing is specifically required. 2. Type B fencing shall consist of opaque or solid fireproof material, and shall be a minimum of eight (8) feet in height. It shall be erected along or near the outside edges of ~ the scrap ~rtd or junkyards, recycling operations or transfer stations, , and shall com letel surround the scra or 'unk materials to be stored on the premises. Such fencing shall be of uniform material and color, and shall be kept in good repair at all times. Provided, that any Type B fencing which shall be erected, as required by this section, shall be a minimum of eight (8) feet in height. All new businesses or existing businesses which expand or replace Type B fencing in its entirety after October 1, 1990, shall have opaque fencing which, for purposes of this Section, shall mean a barrier of solid material such as wood, metal, or similar material whereby one cannot see through such opaque fence, thereby screening the operation from public view. A chain link fence of said height with metal, wood, or other opaque material through it which entirely blocks the view of the operation is an example of the minimum required opaque fence, as used in this section. c. Buffer strip: All new businesses or existing businesses which expand after July 1, 1980, shall have a buffer planting strip of at least fifteen (15) feet in depth and shall be provided and maintained between the property lines and Type B fencing which abuts public streets, highways and alleys. Such buffer planting strip shall include a compact hedge, row of shrubbery or row of evergreen trees and the property lines shall be planted in grass, other suitable ground cover andlor shrubbery, maintained in good condition, and kept free of litter. Said area may also include pedestrian walkways, driveways, flagpoles and off-street parking subject to the off-street parking regulations of this Code. Any existing scrap or junkyards may provide and maintain a buffer strip as described in this section. d. Storage location restrictions: No scrap or junk materials shall be placed or stored outside of the fencing required by this section. Such junk or scrap stored in such yard, if combustible or inflammable, shall not be stored closer than three (3) feet to such fence enclosing such yard. 6 e. Maintenance of premises: The operators of such businesses shall: 1. 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. 2. Keep storerooms and garages free from rubbish, waste materials and old rags and paper not being stored thereon as a part of the business conducted thereon. 3. Keep all oil, gasoline, oily waste and other greasy material in metal waste cans. 4. Install and keep available fire extinguishers in close proximity to areas within such scrap or junkyards, recycling operations and transfer stations 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 such yard from the maintenance thereof. 5. Cause such scrap or junkyard, recycling operations and transfer stations to be checked and serviced at reasonable intervals for the effective extermination of rodents in accordance with Health Department standards. 6. 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 being loose in such junk or scrap yard, recycling operations and transfer stations. (m) Semi-annual inspection by Fire Prevention Bureau. The Fire Prevention Bureau shall inspect each junk or scrap yard, recycling operations and transfer stations once every six (6) months for the purpose of determining whether or not the owner or operator is incompliance with this Code. (n) Applications to be filed. All persons required to be licensed under this section must file an application or renewal application pursuant to section 4-6 of this Code. Any specific requirements of the rules and regulations herein which cannot be met by the applicant due to unusual hardship, such as adverse weather conditions, may be granted a thirty-day grace period to complete such requirement(s). Such additional time shall be upon proper resolution being petitioned for before the Board of Public Works setting forth in detail the reasons needed for the additional time. The Board shall notify the City Clerk's Office of any such resolution being filed and the proposed date on which 7 the Board shall take action. In no event shall more than two (2) thirty (30) day extensions be granted by the Board to any applicant in one (1) licensing year. (o) Ordinance violation citations. If the applicant fails to meet the rule or regulation in which he or she is not in compliance within the extended period of time, the City shall proceed forthwith without issuing a warning notice to issuing a one hundred dollar ($100.00) ordinance violation citation(s) for each violation. Each subsequent day of violation where the applicant remains open for business shall be considered a separate offense for which a citation may be issued. SECTION II. This ordinance shall be in full force and effect from and after its passage the Common Council, approval by the Mayor, and legal publication as required by law. 1 st READING ~~ I L - PUBLIC HEARING ~ 6 ~~ ~rcl READNG 7-~~-'~7 1.1;7T APPROVED i;I~rRR~D ~~'~ ~ Member of Common Council "` ~. - ~ i997 s CITY CLEwR :, ^O. ®E~eD, !."~, PASSED 7~_~(j~~~ COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OFSOUTHBEND: Your Committee to whom was referred BILL NO. 68-97 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 4, ARTICLE 4, SECTION 4-51 OF THE SOUTH BEND MUNICIPAL CODE TO REVISE REQUIREMENTS FOR THE LICENSING OF SCRAP METAL DEALERS, JUNK DEALERS, RECYCLING OPERATIONS, AND TRANSFER STATIONS Respectfully report that they have examined the matter and that in their opinion, this bill has been recommend to the Council favorably. 1300 COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601-1830 PHONE 219/235-9486 Fax 219/235-9171 TDD 219/235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR DEPARTMENT OF CODE ENFORCEMENT KATHLEEN ,J. DEMPSEY DIRECTOR Mr. Roland Kelly, President South Bend Common Council 4th Floor, County-City Building South Bend, IN 46601 July I, 199? Re: An Ordinance of the Common Council of the City of South Bend, Indiana, Amending Chapter 4, Article 4, Section 4-51 of the South Bend Municipal Code, to Revise Requirements for the Licensing of Scrap Metal Dealers, Junk Dealers, Recycling Operations, and Transfer Stations Dear Mr. Kelly: I am attaching for filing a proposed Ordinance providing for the revision of requirements for licensing of Scrap Metal Dealers, Junk Dealers, Recycling Operations, and Transfer Stations. Your favorable consideration is respectfully requested. S' e 1 , ~I~ a hleen J. D psey Director of Code Enfo ce t ACS/pjh Attachment Fil@t$ Idl ~~D~~6°.~ ~ 1 DC JUL - ~~ f~~7 ~.nr~~rT.~.r. ~u~~ CITY CLERI;, ;10, f END,1;4.