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(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
The Town Council shall at all times exercise supervision over the collection of garbage and refuse through the Street Superintendent or such other person as it may appoint. The Council is empowered to enter into contracts and agreements with a private garbage collector and make any necessary rules, having due regard for the public health, appearance and sanitary conditions of the town. Owners of commercial and industrial properties are permitted to employ any garbage and refuse collector of their choosing; however, all residential garbage and refuse removal shall be under the supervision of the Town Council and all residential property owners or tenants shall be assessed charges for their services. Each user will be deemed to be residential based upon the rate classification adopted by the water and electric utilities, and the charges shall be included on the water and/or electric utility bill sent to the user. This section shall not apply to tenants of multi-family dwellings as addressed in § 50.06 of this chapter unless the municipal trash service is utilized.
(Prior Code, § 70.06) (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; Ord. 6-2024, passed 5-28-2024) Penalty, see § 50.99
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