HomeMy WebLinkAbout1995-R-15 RESOLUTION 95 - R- ~
' A RESOLUTION TO ENFORCE CURRENT ODOR AND NUISANCE LAWS
WHEREAS, It has been brought to the attention of the Jeffersonville City Council that the
proposed "Offensive Odors" ordinance may duplicate existing Indiana statute, common law and
existing Jeffersonville and Sewer codes.
WHEREAS, Indiana Code 34-1-52-1 and Indiana Supreme Court cases define those elements
which constitute a "public nuisance". In light of the fact that the Supreme Court and the
legislature have provided States and local governments with procedures to regulate businesses
which are "injurious to health, or indecent, or offensive to the senses" it would be repititious to
enact a local ordinance addressing these same issues.
WHEWERAS, the existing Jeffersonville zoning code provides that no business use shall "exhibit
obnoxious characteristics to the extent that they constitute a public nuisance...". The code further
defines the terms "odor" and "air pollution" in a complete and definite manner. In contrast, the
proposed ordinance did not address these issues in as specific terms.
WHEREAS, it is the collective opinion of the Jeffersonville City Council that these existing legal
tools can be utilized in a manner to resolve the present odor problems in the city. The Council is
concerned that the enactment of the proposed ordinance, with it's ambiguities, might serve as a
deterrent to the City's efforts to attract new businesses from locating in the c~wever
we want to ensure that these are "desirable" businesses. We feel that the l~r~, cases and aud
statutes provide this protection.
WHEREAS, this resolution shall serve as notice to all existing businesses in the City that the
Council intends to to vigorously pursue violations of the above stated statutes, ordinances and
codes. Moreover, the Council desires to let this serve as public notice that the enforcement of
these laws shall begin immediately.
THEREFORE, be it resolved that the Council and the Mayor hereby jointly notify the City
Attorney, the City Engineer and all enforcement bodies in the City of Jeffersonville to eliminate
these problems.
Pe~gyO~l~-er~, Council President
Par'keV, Jr.~-May'o~ ~