Section
50.01 Definitions
50.02 Garbage, rubbish and solid waste generally
50.03 Burning or incinerating trash
50.04 Receptacles
50.05 Recycling bins
50.06 Multi-family dwellings
50.07 Rates and charges
50.08 Right to removal
50.09 Supervision
50.10 Lawn and garden waste
50.11 Yard waste processing facility
50.12 Town Cleanup Day
50.99 Penalty
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COMMERCIAL INCINERATOR. An incinerator designed or used for public, private or commercial use, meeting the standards of the Incinerator Institute of America with reference to the particular use for which said incinerator is employed, or meeting the standards set by the Indiana Department of Environmental Management (IDEM) from time to time hereafter.
GARBAGE. Any and all refuse accumulation of animal, fish, fowl, fruit or vegetable matter that results from the preparation, use or cooking of meats, fish, fowl, fruit or other substances.
LAWN AND GARDEN WASTE. Includes vegetative matter from landscape maintenance as set forth in I.C. 13-20-9.
PUBLIC NUISANCE. The presence and/or accumulation of the following shall be considered a PUBLIC NUISANCE, including, but not limited to:
(1) Litter;
(2) Fallen tree stumps, dead trees, cut brush or fallen or cut limbs;
(3) Boxes, appliances, household items and tires;
(4) Demolition remains;
(5) Accumulated garbage and trash;
(6) Automobile parts, disassembled automobiles, automobiles without engines, plumbing and piping materials and parts, scrap metal, unseaworthy or dilapidated boats, dilapidated, deteriorated or non-operable jet skis, snowmobiles, motorcycles, bicycles, trailers or mopeds;
(7) Any wastewater, filth, offal, garbage, rubbish, animal waste or human excrement which is deposited, allowed or caused to be upon public or private property;
(8) Any water or any other substance which is caused or permitted to flow onto or be deposited upon any public property or public way, except natural surface water drainage;
(9) Any dead animal or animal parts;
(10) Any personal property which is infected with contagious disease or is likely to cause an immediate health hazard;
(11) Any matter which attracts or may attract rodents, insects or domestic or wild animals in such a manner as to create a health hazard or unsanitary or dangerous condition;
(12) The storage of any explosive, combustible or other material which creates a public safety or health hazard;
(13) Trees, shrubbery, weeds, snow or other matter obstructing public ways or causing visual barriers which create vehicular traffic or pedestrian safety hazards;
(14) Trash or garbage containers left upon the sidewalk, the area between a street and sidewalk or the front or the side yard, except as is permitted by this chapter for trash and garbage collection purposes;
(15) Weeds or other rank vegetation growing upon real estate within the town, including, without limitation, those varieties listed at § 152.30 of this code that have been left to grow in an uncut and unsightly condition; and
(16) Any furniture not originally designed or manufactured solely for outdoor use, or any furniture which was originally designed or manufactured for outdoor use which is now dilapidated or deteriorated.
SOLID WASTE. Any garbage, rubbish, refuse, household waste, household hazardous waste or other discarded material, including solids liquids, semisolids or contained gaseous material.
TRASH AND RUBBISH. Material other than garbage resulting from ordinary household and commercial operations, including such items as tin cans, glass, bottles, ashes, papers, magazines and newsprint, boxes, rags and small cartons.
(Prior Code, § 70.01) (Ord. 4-89, passed 5-8-1989; Ord. 17-89, passed 1-22-1990; Ord. 4-92, passed 6-22-1992; Ord. 4-2021, passed 5-24-2021)
(A) The purpose of this section is to regulate and control the disposition of garbage, rubbish and solid waste in the town and to prohibit the dumping, storing and accumulation of the waste in a place other than a permitted facility, particularly along public roadsides and private property within the town.
(B) No person or entity shall:
(1) Discharge, deposit, throw or cause to allow any solid waste to be discharged, deposited or thrown or stored on any land within the town limits for final disposal that does not have the proper permits and which is also land not owned by the generator or owner of the solid waste;
(2) Transport his or her garbage or rubbish to collection sites other than the site which is designated for his or her property;
(3) Transport garbage or rubbish from out of the town limits into the town and dispose of the garbage or rubbish at a town collection site;
(4) Transport garbage or rubbish from apartment buildings, schools, churches or other similar places to residential collection sites within the town;
(5) Dump garbage, rubbish or other waste materials, or similar matter, into any street, alley, vacant lot, public place or land or into or near any portion of natural or artificial watercourse in the town; or
(6) Allow garbage or rubbish to remain upon any alley, street or public way or allow the rubbish or garbage to remain in a visible and unsightly condition.
(C) It is the purpose of this section, among other things, to prohibit a person who lives outside the town limits from bringing trash generated outside the town limits into the town for collection. The prohibitions of this section shall apply to all persons and entities regardless of whether they own real estate in the town limits.
(D) In all cases where there is found to be noncompliance with the provision of this section, the owner or occupant of the property found to be in noncompliance shall be notified by the Director of Operations either in person or by written notice sent by certified mail. This notice shall describe the nature of the noncompliance and suggest corrective action. The property owner or occupants so notified shall have five days from the receipt of the notice to take the corrective action at the expense of the property owner or occupant. The charge assessed against the property owner or occupant will be based upon the actual cost to the town, including, but not limited to, labor and equipment cost to the town and costs charged against the town to perform the corrective action, and shall constitute a lien on real estate. In no case shall the charge be less than $100. In addition to the assessment of charges pursuant thereto, the town may bring an action against the owner or occupant pursuant to § 50.99 of this chapter.
(Ord. 4-2021, passed 5-24-2021) Penalty, see § 50.99
(A) Burning in violation a public nuisance. It shall be a public nuisance to burn any garbage or trash or any other materials at or on the exterior of buildings in the town, except as hereinafter provided.
(B) Burning in approved incinerators.
(1) (a) Containers for the accumulation of trash, rubbish or garbage shall be of a solid metal or plastic type with a secure-fitting lid.
(b) From and after the effective date of this chapter, no rubbish or trash shall be burned in containers or otherwise in the town on or at the exterior of buildings or premises.
(c) Accumulations of garbage, trash or rubbish in containers larger than 96 gallons in size and 60 pounds in weight shall constitute a violation of this chapter.
(2) The Town Council be, and hereby is, authorized and empowered to remove and dispose of any and all barrels, drums, containers or receptacles accumulating garbage, trash or rubbish, which said barrels, drums, containers or receptacles fail to meet the qualifications and specifications as to size heretofore set forth, providing said barrels, drums, containers or receptacles are situated at the exterior of buildings within the corporate limits of the town, if they contain rubbish, trash or garbage generated by residentially occupied buildings.
(3) The Chief of Police and all of the officers of the Police Department shall be the enforcement agency for the enforcement of this section and for the abatement and prevention of violations of this section.
(4) Upon the application of any person for the approval of plans and specifications for a commercial incinerator for the burning of garbage, trash or rubbish, the Town Council shall, before approval of such plans and specifications, be satisfied that the proposed incinerator’s use and location will not endanger the public health, will not pollute the air, will not create a public nuisance and meets the standards of the Indiana Department of Environmental Management (IDEM). Upon such findings by the Town Council, the Council shall submit written approval to the Town Clerk-Treasurer, and the Town Clerk-Treasurer shall thereupon issue a permit for the construction and use of such incinerator. Any and all permits issued hereunder shall be valid for a one-year term from the date of issuance and shall be subject to the annual review and to an annual approval or disapproval by the Town Council.
(Prior Code, § 70.02) (Ord. 4-89, passed 5-8-1989; Ord. 17-89, passed 1-22-1990; Ord. 4-92, passed 6-22-1992; Ord. 4-2021, passed 5-24-2021) Penalty, see § 50.99
All garbage, trash or rubbish stored on or at the exterior of buildings or premises for more than 12 hours prior to collection must be stored in animal-proof, watertight containers of metal, plastic or similar rigid materials not exceeding 96 gallons in capacity and 60 pounds in weight. All receptacles shall be placed conveniently for collection within ten feet of the designated collection route.
(Prior Code, § 70.03) (Ord. 4-89, passed 5-8-1989; Ord. 17-89, passed 1-22-1990; Ord. 4-92, passed 6-22-1992; Ord. 4-2021, passed 5-24-2021) Penalty, see § 50.99
Bins located by the town or its contractors for the collection of recyclable materials shall, together with their contents, be deemed to be the property of the town. Anyone other than a town employee or an employee of a firm contracting with the town to provide service attempting to gain entry to the bins, removing material therefrom or in any way damaging the bins shall have committed an infraction punishable by a fine. The Town Clerk-Treasurer shall be empowered and authorized to receive the fines so imposed.
(Prior Code, § 70.08) (Ord. 17-89, passed 1-22-1990; Ord. 4-92, passed 6-22-1992; Ord. 4-2021, passed 5-24-2021) Penalty, see § 50.99
The owner of all residential buildings containing four or more residential units shall provide metal containers or dumpsters of at least two cubic yards’ capacity meeting the specifications of the municipality’s contract trash collection service for the benefit of tenants of the building at the owner’s expense. The municipal collection service shall not be obligated to pick up trash or refuse from any such location not in compliance with this provision.
(Prior Code, § 70.07) (Ord. 17-89, passed 1-22-1990; Ord. 4-92, passed 6-22-1992; Ord. 4-2021, passed 5-24-2021) Penalty, see § 50.99
The Town Council is hereby authorized to establish by resolution a schedule of rates and charges to be assessed for residential garbage removal services. The charges shall be placed on every residential sewer customer’s utility statement and will be payable in advance and billed at least as often as quarterly.
(Prior Code, § 70.05) (Ord. 4-89, passed 5-8-1989; Ord. 17-89, passed 1-22-1990; Ord. 4-92, passed 6-22-1992; Ord. 11-2015, passed 11-23-2015; Ord. 4-2021, passed 5-24-2021) Penalty, see § 50.99
Any resident, property owner or tenant within the town shall be entitled to garbage and refuse removal services, subject to rules and regulations which shall be established by the Town Council; provided, however, that owners or tenants of commercial and industrial properties shall arrange for their own collection services at their own expense. The town shall not be required to give service to any user who has not paid for the service.
(Prior Code, § 70.04) (Ord. 4-89, passed 5-8-1989; Ord. 17-89, passed 1-22-1990; Ord. 4-92, passed 6-22-1992; Ord. 4-2021, passed 5-24-2021) Penalty, see § 50.99
Loading...