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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~ ~