Loading...
§ 97.09 LICENSING.
   (A)   No person shall perform any service as a scavenger, or engage in a business of being a scavenger within the town without a license issued pursuant to the provisions of this section.
   (B)   The application for a scavenger license shall be on a form adopted for such purposes by the town, be verified by the applicant personally, and provide as minimally, as follows:
      (1)   The name and address of the applicant;
      (2)   The complete description and identification of the vehicles to be used by the applicant;
      (3)   The place where such vehicles will be kept or stored when not in use;
      (4)   The disposition to be made of all garbage, waste, refuse, debris, junk, or abandoned or discarded material collected;
      (5)   Whether they count waste separation, and if so, how;
      (6)   Whether they sell any waste material so separated, listing what categories of waste they separate, and to whom they sell;
      (7)   List what landfill and landfills they utilize.
   (C)   The annual license fee to be paid to the town for the scavenger license shall be pursuant to the following fee schedule:
 
Scavenger Class
Annual Fee
I*
$0.00
II
$15.00
III
$25.00
IV
$35.00
V
$50.00
 
Each license shall expire one year from the date of issuance.
*Class I scavengers are exempt from the annual licensing fee requirement. Class I scavengers shall follow the reporting guidelines as established by the town Recycling Department.
   (D)   Any license holder under this section who shall make any change of address, equipment, location of storage facilities for equipment, or manner of place of disposition of collected material, shall report such change in writing to the town within five days after such change has occurred.
   (E)   Each applicant for a class of scavenger license shall post with the town Clerk-Treasurer, prior to the issuance of a license, a Casualty Surety Bond or Indemnity Statement on a form approved by the town in substantially the form provided hereinafter. The Casualty Surety Bond or Statement is intended to protect the town and its residents in the event that the licensee discontinues service. The Surety Bond or Indemnify Statement will be utilized for the removal of abandoned equipment, garbage, and any related debris, and all related purpose in the operation of the service. The Surety Bond or Indemnity Statement shall remain in effect during the entire period of the license, and can only be canceled by the Surety upon 15 days notice to the Town Clerk-Treasurer. The amounts are as follows:
      (1)   Class I: Indemnity Statement;
      (2)   Class II: Bond at $1,000.00;
      (3)   Class III: Bond at $1,500.00;
      (4)   Class IV: Bond at $2,000.00;
      (5)   Class V: Bond at $2,500.00.
(Ord. 746, passed 5-25-99)
§ 97.10 RECYCLING.
   (A)   There is created a town Recycling Department, hereafter “Recycling Department”, which shall consist of the following:
      (1)   The Environmental Affairs Committee;
      (2)   The Public Works Superintendent;
      (3)   The Town Manager;
      (4)   Any other designated individuals, as determined appropriate by the Environmental Affairs Committee and/or the Council.
   (B)   The purpose of the Recycling Department shall be to develop concepts, methods, and procedures for implementing recycling of solid waste in the town.
(Ord. 746, passed 5-25-99)
§ 97.11 POWERS AND DUTIES.
   (A)   The powers and duties of the Cedar Lake Recycling Department shall be as follows:
      (1)   To develop and inform the town of voluntary recycling avenues available to them by:
         (a)   Conducting a town-wide inventory of recycling facilities within the town’s corporate limits for the following recyclable items:
            (1)   Aluminum containers;
            (2)   Corrugated papers;
            (3)   Glass containers;
            (4)   Magazines;
            (5)   Steel containers;
            (6)   Newspapers;
            (7)   Office waste papers;
            (8)   Plastic containers;
            (9)   Foam, polystyrene packaging; and,
            (10)   Containers for carbonated or malt beverages that are apparently made of a combination of steel and aluminum.
   (B)   Provide and issue listings of all in-town and in-county recycling facilities and “buy back” centers, and the recyclable products and materials accepted by each.
   (C)   Establish an information exchange for town residents which will help inform them of resource separation, recycling, composting, solid waste minimization and solid waste reduction, hazardous waste minimization, household hazards and household waste reduction facilitates and operations.
   (D)   Initiate a Department recycling program to require separation of aluminum, steel cans and office paper products within the entire Town Hall and all town Government Offices.
   (E)   Initiate an effort of requiring town departments to purchase recycled paper products and materials such as recycled paper for office stationary, copier paper, computer paper, and the like.
   (F)   Prepare and provide a plan for recycling efforts throughout the town to all licensed scavenger services.
   (G)   Study, prepare and implement curb side recycling in the town consistent with the rules and regulations of the county Solid Waste Management Board, as amended form time to time.
(Ord. 746, passed 5-25-99)
§ 97.12 GARBAGE/SOLID WASTE COLLECTION FEES.
   (A)   Collection fee. For the use of and the garbage, refuse and recyclable sanitary collection and disposal service to be rendered, rates and charges shall be collected from the owners of each and every lot, parcel of real estate or dwelling unit that is, or will be, provided such service.
      (1)   An owner is identified as the holder of fee simple title interest in and to a lot or a parcel of real property upon which dwelling or dwelling units are situated.
      (2)   The owner of each such lot or parcel of real estate upon which is situated a dwelling or dwelling unit shall pay a fee of $20 per month for each dwelling or dwelling unit to which sanitary garbage, refuse, and recyclable collection and disposal service is provided. Owners are liable for payment as required herein. The individual garbage collection fee shall be billed with the wastewater utility billing of the town on a monthly basis. This billing shall be issued by the town on or about the first day of each month. All rates and charges billed by the Wastewater Utility Billing Department, including for garbage collection fees imposed hereby, shall be paid by no later than the 20th day of each month. In the event such billing is not paid on or before the 20th day of each month, then a 10% penalty shall be imposed. For the purposes of computing time, and particularly for assessment of the 10% penalty, the 20th day of each month is the last day in which payment of billing without imposition of the 10% penalty may be made. After the 20th day of each month, the 10% penalty on each such billing shall be assessed and collected. In the event that the 20th day of the month is a Saturday, Sunday or legal holiday as defined in this code, or a day in which the business office of the Cedar Lake Sewer Utility is closed, the next day shall be the last day in which payment of the monthly billing may be made, and the day after such time is the time when imposition of the 10% penalty shall be imposed. In the further event of necessity of pursuit of delinquent or late fees in a civil action, reasonable attorney’s fee may be imposed and required pursuant to the provisions of IC 36-9-30-21, as amended from time to time.
   (B)   Compliance. Each owner of a lot, parcel of real property or building having a dwelling or dwelling unit shall be required to comply with the regulations and requirements for the sanitary garbage, refuse, recyclables collection and disposal service contracted for and provided by the town.
   (C)   Frequency of collection. Sanitary garbage refuse and disposal service will be on a weekly basis. Recycling collection and disposal will be a bi-weekly or alternating week basis.
   (D)   Containers. Waste or trash containers are to be supplied by each dwelling or dwelling unit. Each owner may, at his or her option, rent a waste or trash toter from the garbage collection service provider upon request, and upon separate payment by said owner to the contracting party. The costs shall not exceed $3 per month for a 96-gallon waste or trash toter or $2.25 per month for a 65-gallon waste or trash toter. Standard recyclable waste containers shall be provided by the contracting party, and shall be 18 gallons.
   (E)   Large items. Each owner shall be permitted or dispose of one large item per week per dwelling or dwelling unit, including furniture, couches, mattresses, televisions, carpeting, lumber, bundled construction debris (bundled in 4 foot long and 12 inch diameter bundles of no more than 1 cubic yard), or the like.
   (F)   Collection procedures. All garbage or refuse to be collected shall be placed in containers made of plastic or metal, equipped with suitable handles and tight fitting covers, and plastic garbage bags or similar receptacles. These containers shall be watertight and of a type approved by the town. The same shall be kept clean neat and sanitary at all times. Such containers shall be of a type suitable for securing and holding garbage or rubbish and shall be convenient for collection and that such weight is to be handled readily, when filled by one average person.
      (1)   All garbage or refuse containers shall be placed for collection at ground level on the owner’s property on or adjacent to the curb and within the right-of-way to a public street or ally to be accessible not more than six feet from the side of the public street or ally from which collection is to be made.
      (2)   All recyclable containers shall be placed for collection on ground level on the owner’s property, on or adjacent to the curbing and within the right-of-way to a public street or alley upon which collection is to be made.
   (G)   Fee payment exceptions. The following exceptions only, and no other, may apply to the requirement for payment by the owners of lots, parcels of real property, or buildings upon which are located dwellings or dwelling units served by the sanitary garbage, refuse and recyclable collection service provided by the town, namely: Owners in private or Planned Unit Development (P.U.D.) Developments, where all similar type services are provided for all the owners of dwellings and/or parcels of real property by the private owner or entity comprised of all the private owners.
(Ord. 823, passed 5-9-02; Am. Ord. 954, passed 6-6-06; Am. Ord. 1008, passed 6-19-07; Am. Ord. 1047, passed 2-3-09; Am. Ord. 1057, passed 7-21-09; Am. Ord. 1386, passed 6-15-21)
Cross-reference:
   Garbage/Solid Waste Disposal Fund, see § 32.67
§ 97.13 RECYCLING PLAN REQUIREMENTS.
   (A)   Each person or entity applying for a building permit for a business or multifamily structure pursuant to § 150.07 shall provide, as part of their building permit application, a recycling plan, on a town provided form, describing how their solid waste will be managed, including reduction, reuse and recycling steps taken to reduce their waste stream, which solid waste plan shall be subject to approval as provided by § 150.09.
   (B)   Each person or entity applying for a demolition permit pursuant to § 150.60 shall provide a recycling plan for demolition, on a town provided form, describing how the demolition material will be managed, including reduction, reuse and recycling steps taken to reduce its waste stream, which solid waste plan shall be subject to approval as provided for by § 150.60.
(Ord. 920, passed 5-17-05)
Cross-references:
   Building permit required, see § 150.07
   Demolition permits, see § 150.60
§ 97.99 PENALTY.
   (A)   Whoever violates any of the provisions of this chapter for which no penalty is otherwise provided, shall be fined as set forth below.
      (1)   First violation shall be a minimum fine not less than $50.
      (2)   Second violation shall be a minimum fine not less than $100.
      (3)   Third and subsequent violation shall be a minimum fine not less than $150.
   (B)   Each day such violation is committed or permitted to continue shall constitute a separate offense.
(‘82 Code, § 12-900; Am. Ord. 437, passed 3-11-87; Am. Ord. 986, passed 3-6-07)
Cross-reference:
   Citation procedure, see § 10.99(D)