(A) Title. This section, and all ordinances supplemental or amendatory hereto, shall be known as the Dumping Ordinance, and may be cited as such.
(B) Purpose. The purpose of this section is to define dumping, to control the same throughout the county, to establish penalties therefor, and to provide for the cleanup thereof.
(C) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) DUMPING. The discarding of garbage, used household goods, used appliances, automobile parts, trash, bags of trash or garbage, and other items commonly disposed of in sanitary landfills.
(2) LITTERING. The occasional discarding of a single small item of trash such as an aluminum can, cigarette butt, cigarette package, or similar items, and shall not include anything or any combination of items larger than one small trash can full.
(D) Prohibitions.
(1) Dumping. It shall be unlawful for any person, organization, corporation, or entity to dump at any location in the county, unless such location shall be an approved landfill site.
(2) Littering. It shall be unlawful for any person, organization, corporation, or entity to litter anywhere in Dearborn County, Indiana.
(E) Cleanup.
(1) In the event any dumping has occurred at any location throughout the county, notice shall be given by anyone having knowledge to the Sheriff, who shall then investigate the site, along with the assistance of such other county officials as he or she may require, to determine whether any items in the dumping site can be identified by the names of any such individuals.
(2) In the event the identity of any such individuals can be determined, such individuals shall be issued an order by authority of the Board of Commissioners to remove and clean up such dumped items within a time period of no less than 30 days. In the event such individuals fail to comply with this order, then the county may perform such cleanup utilizing such resources as are required, and the costs of cleanup shall be chargeable against the individual, corporation, persons, or entities identified with said dumping site.
(3) Should the individuals identified be owners of real property within the county, the cost of such cleanup may be certified to the County Auditor and Treasurer and said cost shall be placed against the taxes of such property owner as an additional assessment for dumping cleanup and shall be payable by such property owners in semi-annual installments in the same manner and subject to the same penalties as real property taxes.
(4) If the identity of individuals associated with the dumping can be determined, the county shall further have the right to seek injunctive or other relief through the appropriate court system to obtain an order prohibiting future dumping or requiring the identified dumper to clean up the dump area.
(5) In the event that the dump area contains information identifying more than one individual, person, corporation or entity, it shall be the joint and individual responsibility of each such person, corporation, individual or entity for the cleanup of the whole dumpsite and all actions authorized under this section shall be taken against any and all violators.
(BC Ord. 10-1991, passed 12-16-91) Penalty, see § 50.99