(A) Extent of collection.
(1) All garbage and rubbish placed in the types of container outlined in § 95.06 shall be collected without regard to the number of containers at a given pickup place, so long as the material is generated by domestic use, subject to the limitations of division (B) below.
(2) All other provisions of this chapter notwithstanding, the city is authorized to enter into cooperative agreements and other contractual relationships with other governmental and quasi- governmental agencies for the provisions of garbage and rubbish collection upon terms acceptable to the entities and to provide such services according to such terms. Cooperative agreements in effect as of the time of adoption of this chapter shall remain in full force and effect.
(B) Limitation of collection.
(1) Other provisions of this subchapter notwithstanding, rubbish of exceptional size or weight will not be collected as a part of regular refuse pickup, even if the same is set out in containers that meet the requirements of § 95.06. The excluded materials would include, but not be limited to, construction or demolition debris, more than one large item of furniture or large appliance per week, tree limbs or brush except as hereinafter provided, cement blocks, bricks, or timbers.
(2) Division (A) above shall be interpreted in a reasonable manner by the Street Department. The term "LARGE" as used herein shall be construed to mean as having a volume of more than one cubic yard.
(3) Tree branches, brush, plant stalks, and shrubs of not more than four inches in diameter which are cut up into no more than four-foot lengths and bound into bundles, with each bundle no more than 50 pounds, shall be picked up as part of the regular pickup schedule.
(4) Hazardous materials, or materials requiring special handling under applicable state or federal laws, rules, or regulations, shall not be collected. By way of example and not limitation, such materials would include vehicle tires, propane tanks, helium tanks, butane tanks, gasoline tanks, or cans containing liquid paint, herbicides, poisons, appliances with Freon, or other materials found to be hazardous under state or federal laws, rules, or regulations.
(C) State or federal regulation.
(1) In the event that state or federal law, or a rule or regulation promulgated by a state or federal agency authorized to administer state or federal law, imposes restrictions or prohibitions on materials that may be collected for disposal in landfills or disposed of otherwise, which restrictions or prohibitions are applicable to city trash collection, the City Board of Public Works and Safety is authorized, by resolution, to further limit city collection practices to ring those practices into conformity with state or federal requirements. Prior to the passage of such a resolution, the Board shall hold a public hearing on any such additional limitation on collection and shall, at the hearing, and in any subsequent resolution, cite the federal or state law, rule, or regulation which requires or mandates the additional restriction or prohibition. Notice of the public hearing shall be given pursuant to IC 5-3-1-1 et seq. Public notice shall be given of any such additional restrictions or prohibitions imposed by publishing the same pursuant to IC 5-1-3-4, with the last notice being published at least three days prior to the effective date of such additional limitations.
(Ord. 5153, passed 2-8-82; Am. Ord. 5964, passed 5-22-95; Am. Ord. 5975, passed 9-25-95; Am. Ord. 6421, passed 4-24-06) Penalty, see § 95.99