HomeMy WebLinkAbout1998-OR-42ORDINANCE NO. 98-OR-42
AN ORDINANCE REQUIRING VEHICLE LOADS
TO BE SECURED
WHEREAS vehicles driven or moved on public streets wkh cargo that is
dropping, shifting, leaking or otherwise escaping or spilling upon public rights-
of-way or private property pose a significant hazard to the ckizens of the City
of Jeffersonville (the "Cky'); and
WHEREAS the City incurs significant expense cleaning public rights-of-
way of cargo that has escaped or spilled from vehicles and citizens of the City
incur significant expense cleaning their private property of cargo that has
escaped or spilled from vehicles;
NOW THEREFORE IT IS HEREBY ORDAINED by the Common
Council of the Cky of Jeffersonville, Indiana as follows:
SECTION I. No vehicle may be driven or moved on any street, alley or
other public right-of-way unless the vehicle is so constructed and loaded or
covered as to prevent its contents from dropping, shifting, leaking or otherwise
escaping or spilling upon the streets, alleys or other public rights-of-way or
upon private property.
SECTION II. The owner or operator of any vehicle carrying or
transporting earth, dirt, sand, gravel, rocks, ashes, coal, paper, garbage, waste or
refuse must not operate or permit the vehicle to be operated upon or over any
street, alley or other public right-of-way unless the contents in the vehicle are
covered with a tarpaulin or other covering which prevents the contents from
escaping upon the streets; alleys or other public rights-of-way or upon private
property.
SECTION III. The owner or operator of any vehicle carrying or
transporting any matter or item whatsoever, whether referred to hereinabove
or not, must not allow the contents of the vehicle to be spilled, dropped or
cast therefrom upon the streets, alleys or other public rights-of-way or upon
private property.
SECTION IV. An owner or operator of a business dealing in or with
earth, dirt, sand, gravel, rocks, ashes, coal, paper, garbage, waste, refuse or any
other matter is responsible for any vehicle leaving his/her premises of
operation with cargo that drops, leaks, escapes or spills upon any street, alley or
other public right-of-way or upon private property, for a distance of 3,000 feet
from the exk point of the premises.
SECTION V. The owner and/or operator of a vehicle operating in
violation of this ordinance, and the owner and/or operator of a business from
which the vehicle departs with cargo, are jointly and severally liable to the City
for the entire cost of cleaning the streets, alleys or other public rights-of-way or
private property of cargo that escapes or spills from the vehicle. The owner(s)
and/or operator(s) must pay the cleanup cost within 10 days after the City
presents an invoice. Cleanup-cost invoices that responsible
owner(s)/operator(s) do not timely pay shall bear interest at the rate of eight
percent (8%) per annum.
SECTION VI. Any person or entity that violates any provision of this
ordinance may be fined up to Two Thousand Five Hundred Dollars ($2,500.00)
per violation.
IT IS HEREBY FURTHER ORDAINED that the Clerk and Treasurer
of the Cky of Jeffersonville must cause notice of the passage of this Ordinance
to be published in the Jeffersonville Evening News within 30 days of its
adoption.
This Ordinance shall be in full force and effect from and after ks passage
and approval.
Passedthis~ dayof ~~~~:~a ¢'~
Presiding Officer
ATTEST:
C. Richard Spec ~
Clerk and Treasurer
Presented by me as Clerk ans~ Treasurer to the Mayor of said City of
Jeffersonville this ~' day of .aO'~. ,199~__.
Ordinance
,199~0.
approved and signed by me this ~-~ day of
NOTICE TO ALL PERSONS CONCERNED
The Common Council of the City of JefferSonville has passed Ordinance No. 98-OR-42,
An Ordinance Requiring Vehicle Loads To Be Secured, which contains fees and fines.
This Ordinance is available for public review in the Clerk and Treasurer's Office,
City-County Building, Room 421, Fourth Floor, Monday through Friday from 8:30 A.M. to
Noon and 1:00 P.M. to 4:00 P.M.
,C. Richard Spencer Jr.
Clerk and Treasurer
Morm Mrsscribed by State Beard of Accounts
General Form No. 99P (Revised i987)
CITY OF=JEFFERSONV! LLE
(Governmental Unit)
CLARK
County, Indiana
To: T~E EVENING Nlws Dr.
PUBLISHER'S CLAIM
LIN~ COUNT
Display Matter (Must not exceed two actual lines, neither of which shall
total more than four solid lines of type in which the body of the
advertisement is set) -- number of equivalent lines ]7
Heard -- number of lines ........
Body -- number of lines
Tail -- number of lines · · · · · ·
Total number of lines in notice ........ 17
COMPUTATION OF CHARGES
17 lines, ] columns wide equals i7 equivalent lines
at .381 cents per line ..........
Additional charge for notices containing rule or tabular work (50 percent of above amount) ........
Charge for extra proofs of publication ($1.00 for each proof in excess of two) ..........
TOTAL AMOUNT OF CLAIM ...........
DATA FOR COMPUTING COST
Width of single column
Number of insertions
Size of type 6.5 point
ems
Pursuant to the provisions and penalties of Chapter 155, Acts 1953,
I hereby certify that the foregoing account is Just and correct, that the amount claimed is
legally due, after allowing all just credits, and that no part of the same has been paid.
L~z Baumgardner
Date: ~'~ lS~h. !99~ , 19 Title: legals bookkeeper
PUBLISHER'S AFFIDAVIT
ATTACH COPY
OF ADVERTISEMENT
HERE
State of Indiana )
) SS:
CLARK
County )
Personally appeared before me, a notary public in and for said county
who, being duly
and state, the undersigned
sworn, says that She is LEGALS BOOKKEEPER o~ the
general circulation printed and published in the English language in
~ ~v% ~X~) of ~F.~2?_F~~in state and coui~[y afore-
said, and [hat the prii~ted matte, attacne~ hereto is a true copy, which
was duly published in said pa[e~ for ~W~ timeS , the
dates of publication being as follows:
NOT/CE TO AL~'
~E~SONSCONC~N~m ugust 8th & 18th, 1998
c~4:°°~'~' .~ c~i,,,fo ,p~ ' ': ~/~
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