The Independent-News, Volume 115, Number 32, Walkerton, St. Joseph County, 4 January 1990 — Page 7

LEGAL NOTICES

NOTICE OF PUBLIC HEARING Notice is hereby given to all interested persons that the Plan Commission, Town of Walkerton, Indiana, will hold a public hearing in the Board Room of the Walkerton Town Hall. 510 Roosevelt Road, Walkerton, Indiana, on the 15th day of January, 1989, at 6:30 p.m., or as soon thereafter as the matter can be heard. This hearing is for the purpose of considering a petition that was filed by: Russell Jimerson/Brent Martin seeking rezoning from R-l to R-3. Also a variances for rear yard set-back and density space on certain real estate in St. Joseph County. Indiana. The Real Estate is commonly described as: 1000 block of Tyler St. and is legally described as follows: PARCEL I Lot numbered One Hundred Six-ty-four (164) as shown on the recorded Original Plat of the Town of Walkerton, recorded in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 1. page 55. PARCEL II Lot Numbered One Hundred Six-ty-five (165) as shown on the recorded Original Plat of the Tow n of Walkerton, recorded in the Office of the Recorder of St. Joseph County. Indiana, in Plat Book 1. page 55. PARCEL 111 A part of the Northeast Quarter (%) of the Southwest Quarter (%) of Section Twenty-four (24). Township Thirty-five (35) North, Range One (I) West more particularly described as follows: Commencing at the intersection of the Southeasterly line of said Lot Numbered 165 in the Original Plat <4 the Town of Walkerton, with the Northeasterly line of Avenue ”H” in said Town; (hence running Southeasterly on the Northeasterly line of said Avenue “H" 50 feet; thence Northeasterly, parallel with the Southeasterly line of said Lot Numbered 165. 165 feet; thence Northwesterly, parallel with said Avenue "H” 50 feel to the most Easterly corner of Lot Numbered 165; thence Southwesterly along the Southeasterly line of said Lot Numbered 165. 165 feet to the place of beginning. Subject to legal highways. Dated this 21st dav of December. 1989. PLAN COMMISSION OF WALKERTON. INDIA NA Richard Aw aid. Secretary to the Board 2t>4 ORDINANCE NO. 1989-9 ORDINANCE AMENDING FIRE CONTROL ORDINANCE NO 198803. WHEREAS, the Town of Walkermn has previously adopted a fire control ordinance; and WHEREAS, it has come to the attention of the Town Council that the fire control ordinance is inconsistent with certain State and County provisions; and WHEREAS, the Town Council wishes to provide for protection of the health and safety of its citizens. NOW. THEREFORE. BE IT ORDAINED by the Tow n Council of the Town of Walkerton that Fire Control Ordinance No. 1988-03 be. and the same hereby is. amended as follow s: Section One. That the provisions of the Ordinance No. 1988-03 that are to be deleted shall be stricken as shown on Exhibit A attached hereto. That the provisions added shall be underlined as shown on Exhibit A attached hereto. Section Two. That in all other respects Ordinance No. 1988-03 shall remain in full force and effect. Section Three. That this Ordinance shall be effective from and after its date of passage and publication as required bv law. PASSED AND ADOPTED this IBih day of December. 1989 Gregory A Williams

Walter L. Heil Maggie Gaddis Cheryl A. Rizek Leonard Jaske ATTEST: Judith R. Hiler. Clerk-Treasurer EXHIBIT “A” FIRE CONTROL ORDINANCE 1988-03 WHEREAS, the Town of Walkerton is interested in a fire control ordinance to conform to the existing provisions of open buring with the state law and regulations in the area; to invest authority in local the local fire department for issuance of burning permits for hazardous fires which are not deemed as substantial air pollution and pollution hazards; to maintain the authority of the health officer over fires which propose an air pollution hazard; to prohibit open burning. except in certain cases with Fire Department approval; and to provide for penalties against persons who engage in activities which pose a substantial fire hazard to the citizens of the Town of Walkerton. Indiana. NOW. THEREFORE. BE IT ORDAINED by the Town Board of the Town of Walkerton. Indiana: Section One. — Definitions. When used in this Ordinance: (a) "Muncipality” is the Town of Walkerton, Indiana. (b) “Corporate Counsel" is the Town Attorney. (c) “Chief of the Bureau of Fire Prevention" or his designated representative is the Fire Chief of the Town Fire Department. (d) “Wood Products" are materials derived from or consisting of wood or vegetation including, but not limited to. paper, cardboard, rags, boards, branches, brush, grass, and leaves. (e) “Incinerator" means any engineered apparatus that burns waste substances with controls on combustion factors including, but not limited to. temperature, rentention time, and air. (f) "Open burning” means the combustion of any matter in the open or in an open dump, and (he products of combustion are entitled directly into open air without passing through a slack or chimney or combustion occurs in a devise other than an approved incinerator or boiler. Section Two. No outd<K>r or open burning shall be conducted or permitted unless it fits within an exemption under this statute or the party conducting said burning obtains a permh fron* the Fire Chief. Section Three. The following types of fires are permitted: (a) Fires celebrating twelfth night ceremonies. th) Fires celebrating school pep rallies. (c) Fires celebrating scouting activities. (d) Camp fires and fires for food preparation in adequate containers or in safe areas. (e) Farm burning wood products derived from farming operations. All exemptions shall be subject to the following: (a) Only w<x»d products shall be burned unless otherwise stated above. (b) If fires create an air pollution problem or a nuisance, they shall be extinguished. (c) All farm operations shall occur during daylight hours during which the fires may be replenished. but only in such manner that nearly all the burning material is consumed by 8:00 p.m. (d) No burning shall be conducted during the unfavorable meierology conditions such as temperature inversions, high winds, air stagnation, etc. (e) No burning shall be permitted when such burning is prohibited by other valid ordinances of the Town.

Section Four. Variances. Burning not exempted by the previous sub-section may be permitted with prior written approval of the Chief of the Fire Department furnishing fire protection in the locale of such fire or his duly authorized representative; provided. however that the following types of burning may also require approval of the St. Joseph CountyHealth Officer of his designated agent: (a) Emergency burning of petroleum products; (b) Burning of refuse consisting of material resulting from a natural disaster; (c) Burning of highly explosive or other dangerous materials; (d) Any other burning which the Health Officer, or the designated agent may from time to time so indicate. Section Five. Additional Provisions. (a) Any person who allows the accumulation of combustible material which constitutes or contributes to a fire causing air pollution shall not be excused from responsibility therefor on the basis that said fire was accidental or an act of God. (b) The Fire Chief or his designated agent may impose any reasonable restrictions on open burning which are reasonably required to prevent the creation of a nuisance or hazard to the public health. (c) No person shall conduct or allow to be conducted a salvage operation involving open burning, or allow his property to be used for such open burning. Section Six. Restriction for Control of Ail Fires. (a) No person shall set, start, or attempt to set or start, a fire or conflageration of any kind during any period of time within which the Walkerton Town Board of Trustees have determined and made a general notification of such determina tion. that (he Town Trustees deem it necessary for the public safety and welfare to prohibit all fires within the Town or other areas defined by said Trustees during such period of time staled or until further notice from the Board of Town Trustees or the Town. (b) No person shall cause or permit any fire to burn upon any public street, alley, roadway or thoroughfare within the Town. (c) No person shall set or start, or attempt to set or start, any fire in violation of this chapter, or without fully complying with the provisions of this chapter. Section Seven. Enforcement and Penalties. (a) The Town Police Department shall enforce the provisions of this chapter with the assistance of the local Fire Department authorities: (i) Whenever a member of the Town Police Department or other person charged with (hr enforcement of this chapter finds that any section or sections are being violated by any person, he shall notify such person, in writing on a citation form to be provided by (he Town, of such violation. Such citation shall: (a) be made in duplicate (b) be serially numbered (c) show the specific violation charged (d) show the violators name and address (e) state any other information which the officer may then and there discover. tii) One copy of such citation shall be presented to the violator. In case such violator is not present, such citation may be left, in the case <4 individuals, at the viola tor’s dwelling house or usual place of abode, or. in

JANUARY 4, 1990 - THE INDEPENDENT NEWS

(he case of other persons, at the office or place of business <4 such other persons, or. in the case of all persons, in a mariner reasonably cal eulated to inform such person that he is in violation of this chapter. (iii) The citation shall require the notified person to appear within seven (7) days at the Town Court. The officer or person serving such citation shall file the duplicate copy in the office of the Police Department. The person notified of a viola tion of the regulations as provided in this chapter shall, within said time, answer the charges of the violation or pay the prescribed fee. The amount of the fee shall be those set forth in sub-section (b) of this Section. (b) Any person found in violation of any section of this chapter shall be fined not less than $50.00 for the first offense; not less than 5100.00 for the second offense; not less than $250.00 for the third or subsequent offense with a citation being issued for each violation. (c) Each day that a violation is in effect shall constitute a separate offense for which a citation may be issued. PASSED AND ADOPTED this 25th day of January. 1988. Gregory A. Williams Esther R. Gerber Maggie Gaddis Cheryl A. Rizek Leonard Jaske ATTEST: Judith A. Hiler. Clerk-Treasurer 2tj4 LEGAL NOTICE OF PUBLIC HEARING The Alcoholic Beverage Board of St. Joseph County. Indiana, at 10:00 a.m., on January 10. 1990. at the City-County Building 3rd Floor Conference Room 2. in the City of South Bend in said county , will investigate the propriety of holding an alcoholic beverage permit by the following persons and locations listed herein, to wit: RC 7 105769 St. Joe Young Men’s Society, Inc., 408 S. Grant St..

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South Bend. IN 466190000, D B A St. Joseph Young Men’s Society. Liquor. Beer and Wine, Cub Permit, Renewal. RR "105038 Holly Grills of Indiana. Inc.. 1 7 17 Lincolnway E., South Bend. IN 466130000. Frank R. Krok. Pres.. 255 Colrain SW, Grand Rapids. MI 495090000. Richard Webster. Secy., 255 Colrain. SW, Grand Rapids. Ml 495090000. D B A. Holly's Landing. Liquor. Beer and Wine Retailer’s Permit. Renewal and Sunday Sales Renewal. Said investigation will be open to the public. INDIANA ALCOHOLIC BEVERAGE COMMISSION By Paula LoPossa. Executive Secretary James L. Wells, Chairman There are professional tea tasters just as there are professional wine tasters ALCOHOLICS ANONYMOUS AL-ANON : 1 8 pm Thursday! <, u CHURCH OF CHRIST b < 65225 St. Rd. 23, Nartk Liberty i’ The Prudential Joseph C. Dunfee REALTORS' 910 E. Iratond Rd, South Bend PEARL CRIPE SALES ASSOCIATE 299-0110 or 500-7510 For All Your Real Estate Veecs Ar uMwxrcWrt-, & T". Evf* me SAVE SAVE CLIP A SAVE THIS AD SNOW PLOWING AND REMOVAL Commercial - Residential STRATTON EXCAVATING Diys Call 586-3938 Os 586-7728 Nights - 586-2122 ar*|

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