(A) Littering prohibited. No person shall throw, discard, deposit, place or leave or cause to be thrown, discharged, dumped, deposited, placed or left on any streets. parkways, roadways, thoroughfares, alleys, sidewalks, vacant lots, front yards or porches, in or on the grounds of the public parks, swimming pools, playgrounds, recreation areas, public buildings, streams, water or banks of such streams or rivers, any waste paper, ashes, glass, cans, dirt, rubbish, waste, garbage, refuse or any other trash. For any person violating the provisions of this section, the penalty for the first three offenses in any 12-month period shall be as provided in § 31.26. All subsequent offenses in any 12-month period are subject to enforcement through the judicial system as provided by state statute and/or local ordinance.
(B) Causing litter on property. It shall be a violation of this section for any person to place on, throw onto, cast onto, or permit any litter, debris, junk, refuse, or thing causing litter, junk or debris onto property of any person, firm, association, corporation, the State of Indiana, and it shall further be a violation of this ordinance for any parent, guardian or person charged with, or having custody of, any minor child under the age of 18 years to place on, throw onto, cast onto or permit any litter, debris, junk, refuse, or thing causing litter, junk or debris onto property of any person, firm, association, corporation, the State of Indiana and its political subdivisions, including but without being limited to the Town of Cicero, Indiana. For any person violating the provisions of this section. the penalty for the first three offenses in any 12-month period shall be as provided in § 31.26. All subsequent offenses in any 12-month period are subject to enforcement through the judicial system as provided by state statute and/or local ordinance.
(C) Littering prohibited in public parks.
(1) No person shall throw, place or allow to remain in any public park, public parkway or public boulevard of the town any box, paper, stale or broken food, food remains, melon rinds, or other waste or rubbish of any kind, or display for sale or for advertising purposes in any public park, public parkway or public boulevard of the town any good, article, thing, placard, sign or circular, except upon written permission from the Board of Park Commissioners. For any person violating the provisions of this section, the penalty for the first three offenses in any 12-month period shall be as provided in § 30.26. All subsequent offenses in any 12-month period are subject to enforcement through the judicial system as provided by state statute.
(2) Additional park regulations are set forth in § § 96.01, 96.02, 96.03, and 30.02 of the code.
(D) Definitions.
GARBAGE. All organic household waste, offal, animal and vegetable matter prepared or intended for use as food, condemned foodstuffs, materials and substance materials and things ordinarily disposed of in containers and incinerators by hotels, restaurants, stores, apartment houses, and private dwellings.
LOT OR PARCEL OF REAL ESTATE. Shall include, in addition to those grounds within their respective boundaries, all of the grounds lying to the center of the street or alley or alleys where the street or alley is not improved.
OTHER WASTE SUBSTANCES. Any and all junk, tires, rubbish or debris which is harmful to the general public health and welfare or may detract from the appearance of the neighborhood.
RANK VEGETATION. Any and all junk, rubbish or debris which is harmful to the general public health and welfare or may detract from the appearance of the neighborhood.
TRASH. Rubbish and refuse including, but not limited to, lumber, concrete, glass bottles and containers, broken glass, rubber products, metals, rags, weeds, tree toppings, grass, leaves, discarded furniture, tin cans, and appliances.
(E) Garbage and trash regulations.
(1) It shall be unlawful for the owner, occupant, or lessee of any lot or parcel lot or parcel of real estate within the corporate limits of the town to allow, suffer, or permit any garbage, trash, rank vegetation, or other waste substance to be deposited on, grown on, or remain on any said lot, parcel of lot or parcel of real estate.
(2) (a) It shall be the responsibility of the owner, occupant, or lessee of any building, structure or property in the town, where garbage or trash is generated or exists to provide or cause to be provided, and at all times to keep or cause to be kept portable containers, receptacles or dumpsters for holding garbage and trash.
(b) All residential garbage and trash to be deposited in such containers, receptacles or dumpsters shall be sacked in plastic type bags or boxes. Each such container shall have handles and lids of such size, type, and construction as to be secure and readily and conveniently emptied and handled by collectors. There shall be an appropriate number of containers to hold all garbage and trash plastic type bags or boxes. In the alternative garbage and trash not held in a container as provided herein shall be limited to being set out for pick-up no earlier than the night before the scheduled pick-up and shall be sacked in the plastic bags or boxes closed and tightly secured.
(c) All commercial and industrial garbage and trash shall be deposited in a dumpster of such size, type, and construction to be secure and readily and conveniently emptied and handled by collectors. There shall be an appropriate number of dumpsters having properly fitted lids or coverage to hold all garbage and trash. In addition, all commercial, industrial and business uses located within the town must confine the designated area where the garbage, trash, rank vegetation, and all other waste substances are stored, placed, kept, and/or deposited within an approved, visually concealed fence of a height that will completely hide and contain all of the aforementioned substances, including the containers, such as dumpsters, in which the said substances are being stored. The fence or enclosure must be approved by the Building Commissioner prior to construction of the same.
(3) The provisions of this division shall apply to all single, multiple residential units, and commercial and industrial properties.
(F) Nuisances.
(1) Whenever and wherever garbage, trash, rank vegetation, or other waste substances shall exist, covering or partly covering the surface of any lot or parcel of real estate within the corporate city, the same shall be deemed a nuisance and a violation.
(2) Any person, including the owner or occupant of real estate, who fails and/or refuses to comply with the terms and provisions of this section shall be guilty of keeping and maintaining a nuisance and will be subject to other sanctions and penalty sections contained in the code which regulate common nuisances. In addition to the imposition of monetary fines and penalties by the town, the town may seek injunctive relief in a court of law and/or equity to enforce the terms and provisions of this section.
(G) Enforcement. It shall be the duty of the Cicero Police Department to enforce this section.
(H) Penalties. Any person violating any provision of this section shall upon conviction thereof be fined in an amount not to exceed $300. Each day such violation is committed or is permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.
(I) Notice to abate; warning citations. It shall be the duty of the Cicero Police Department to inspect from time to time the various lots or parcels of real estate lying within corporate limits of the town. and if it is found that garbage, trash, rank vegetation or other waste substances are permitted to be deposited on, grown on, or remain in such lots or parcels of real estate, it shall be its duty to ascertain the names of owners, occupants, or lessee of the property. Upon investigation and evaluation of the severity of the violation by the Cicero Police Department, the Cicero Police Department may do one of the following:
(1) Issue a warning citation to the owner, occupant, or lessee of the property that is in violation of local ordinance provisions. The warning will allow the owner, occupant, or lessee of the property violation seven days to bring the property into compliance with local ordinance provisions. If after the seven-day period the property is still not in compliance with local provisions, the Cicero Police Department may then issue a citation to the owner, occupant, or lessee of the property in violation.
(2) Immediately issue a citation to the owner, occupant, or lessee of the property that is in violation of local ordinance provisions.
(J) Burning garbage and trash prohibited.
(1) The burning of trash, garbage, refuse or waste materials or waste substances within the Town of Cicero, Indiana is declared to be a nuisance and is prohibited.
(2) It shall be the duty of the Cicero Police Department to enforce this division.
(3) For any person violating the provisions of this division, the penalty for the first offense in any 12-month period shall be as provided by the Ordinance Violation Clerk pursuant to § 31.26. All subsequent offenses in any 12-month period are subject to enforcement through the judicial system as provided by state statute and local ordinance.
(K) Prohibited acts regarding garbage.
(1) No person shall throw, cast or deposit any garbage in or about any building structure or premises or upon any public street, alley or public place within the town. No person shall deposit any substance or thing other than garbage into any garbage receptacle.
(2) Violation of this division shall be an infraction. For any person violating the provisions of this division, the penalty for the first offense in any 12-month period is subject to enforcement through the judicial system as provided by state statute and local ordinance.
(L) Illegal dumping.
(1) It shall be a violation of this division for any person to throw, cast, discharge, dump, place, leave, cause to be thrown, discharged, dumped, deposited, placed or left on any property owned or maintained by the town any waste, paper, ashes, glass, cans, dirt, tree toppings, leaves, weeds, grass, discarded furniture, appliances, organic household waste, animal remains, rubbish, waste, garbage, refuse, and trash.
(2) Anyone found to be in violation of this provision shall be subject to the penalties contained in division (G) above and be responsible for any charges associated with the clean-up of the illegally dumped items.
(Ord. 10-07-2003-1, passed 10-7-03; Am. Ord. 11-16-2004-1, passed 11-16-04)