(A) It shall be unlawful for automobile fueling stations to open earlier than 5:00 a.m., unless otherwise determined by the Board of Public Works and Safety as set forth in division (F) below.
(B) Automobile fueling stations shall close no later than 12:00 a.m., unless otherwise determined by the Board of Public Works and Safety as set forth in division (F) below.
(C) No automobile fueling station shall permit any person other than an operator and its employees to remain in or on an automobile fueling station premises longer than 30 minutes after the closing hour or 30 minutes prior to the opening hour.
(D) For purposes of this section, automobile fueling station is as defined in § 1.50 of the City of Hammond Zoning Ordinance as a building or other permanent structure or a tract of land used exclusively for the storage, dispensing, and sale of gasoline or other motor fuels and for any uses accessory thereto.
(E) An automobile fueling station granted a variance of use by the Common Council, upon recommendation by the Board of Zoning Appeals, must adhere to the hours of operation conditioned in the variance of use or as set forth in any other agreement with the city.
(F) An automobile fueling station may petition the Board of Public Works and Safety requesting an exception to the hours of operation set forth in this section. Upon request, the Board of Public Works and Safety shall hold a hearing, at which time the automobile fueling station may present evidence to the Board in the form of testimony and exhibits. The fueling station shall be responsible for notifying any property owner within 300 feet of the fueling station of the hearing and of the opportunity for the property owner to be heard in favor or against the request of the fueling station. The Board of Public Works and Safety shall notify the automobile fueling station in writing of its ruling by regular, electronic, and certified mail within ten days of the hearing. The determination of the Board of Public Works and Safety under this section is final. If an exception is granted, it shall be valid for one year from the date of the determination. A fueling station must re-apply to the Board of Public Works and Safety annually before the expiration date for a renewal of the exception. The factors that the Board of Public Works and Safety will consider shall include but not be limited to the following:
(1) Incidence of criminal acts and police calls over the last five years with emphasis on the last 24 months;
(2) Whether the fueling station is part of the FUSUS program, allowing cameras to be monitored by the Hammond Police Department;
(3) Whether or not there is an adequate security presence overnight at the fueling station;
(4) Whether or not the fueling station is in a residential area versus a commercial or industrial area;
(5) Whether or not the fueling station would be considered to be easily accessible by interstate travelers;
(6) Whether or not the fueling station has had other city ordinance violations and whether or not it currently is in violation of any city ordinance, placing emphasis on those that could impact safety;
(7) Whether or not the fueling station has adequate lighting for night-time operations;
(8) Whether or not the fueling station is properly licensed with the city and whether or not it has now or in the past had their business license suspended, revoked, or has operated with an expired business license; and
(9) Any other relevant factor.
(G) Penalty. See § 10.99. Any automobile fueling station in operation during the restricted times, as set forth in divisions (A) and (B), is subject to citation. Each day constitutes a separate offense.
(Ord. 9605, passed 8-14-2023)