HomeMy WebLinkAbout2010-OR-07STATE OF INDIANA
BEFORE THE JEFFERSONVILLE COMMON COUNCIL
Ordinance 2010-OR-7
An Ordinance Amending Ordinance 2009- 31 An Ordinance Regarding
Refuse/Garbage Collection
WHEREAS, the Common Council of the City of Jeffersonville is the city legislative
body and is by Indiana law authorized to adopt ordinances and resolutions concerning the
general public welfare of the residents of the City of Jeffersonville.
WHEREAS, the common council of the City of Jeffersonville believes it is
important to create regulations and procedures for the collection of refuse and
garbage within the city:
NOW, THEREFORE, BE IT ORDAINED as follows:
Section 1. Definitions.
For the purpose of this chapter, the following definitions shall apply unless the context
clearly indicates or requires a different meaning.
BULK ITEMS. All appliances, furniture, mattresses and children's play
equipment that will not fit into the disposal unit and requires special pick-up.
CITY. The city of Jeffersonville.
CONTRACTORS. Any paid business or individual, or any business or individual
that as part of their craft or employment performs work on any property within the
city.
CURBSIDE. Adjacent to the street pavement, alley pavement and gutter, within
three feet thereof. The Street Commissioner, as required to provide quality service
shall define CURBSIDE.
DISPOSAL UNIT. A container for the purpose of disposing of refuse, that has
wheels, is 96-gallons or less, with a hinged lid and lift bar.
DUMPSTERS. Any container larger than 96-gallons used for the collection of
any and all types of refuse.
HOUSEHOLD CONSTRUCTION AND DEMOLITION DEBRIS. Waste
materials from do it yourselves, interior and exterior household construction,
remodeling and repair projects, including but not limited to, drywall, plywood and
paneling pieces, lumber and other building materials, windows and doors,
cabinets; carpeting; disassembles bathroom and kitchen fixtures.
MULTI-FAMILY DWELLINGS. Any and all structures or complexes with
more than two residential units, apartment complexes, condos, town homes,
and/or the like.
PATRON.
(1) A RESIDENTIAL PATRON is any person residing in the city corporate
limits. A RESIDENTIAL PATRON shall receive full services as defined in this
chapter.
(2) ANON-RESIDENTIAL PATRON is any firm or corporation producing any
type of waste material covered by the regulation of this chapter.
(3) In the case of a firm or corporation, PATRON is constructed to mean the
principal agent, office, or employee responsible for the firm or corporation.
(4) PATRON shall mean both residential and nonresidential.
REFUSE
(1) The terms GARBAGE, REFUSE, RUBBISH, SOLID WASTE, TRASH
and WASTE shall be synonymous, unless more specifically defined.
(2) All discarded and unwanted household and kitchen wastes, including, but not
limited to, food, food residues, and materials necessarily used for packaging,
storing, preparing and consuming the same, usually defined as garbage, and all
waste materials resulting from the usual routine or domestic housekeeping,
including, but not limited to, aluminum and steel cans, glass containers, plastic
containers, crockery and other containers; metal; paper of all types, including
newspapers, books, magazines, catalogs; boxes and cartons; cold ashes;
furnishings and fixtures; textiles and leather, toys and recreational equipment and
similar items.
(3) All non-putrescible solid and semi-solid items of waste, including bulky refuse
except for the following:
a) Liquids;
b) Liquid water carried wastes which are normally disposed of in sanitary sewer
systems; hazardous waste;
c) Human waste, except for disposable diapers; and
d) Large animal and farm animal waste;
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REFUSE COMPANY. Any person, firm or corporation that collects waste
material for disposal, and is authorized to do business in the state of Indiana.
YARD WASTE. Leaves, limbs, sticks, and other vegetive matter, plants, trees or
grass clipping.
Section 2. Yard Waste
Yard Waste shall be collected throughout the city in a timely fashion and on the schedule
as established by the Street Commissioner.
Section 3. General Garbage/Refuse Collection Policy
(A) Patrons must use a disposal unit provided for a fee by the city or other
vendors, for disposing of residential, retail, commercial, and/or office refuse as
defined herein. _
(B) Patrons are responsible for cleaning of the disposal unit(s).
(C) All refuse must be placed in the disposal unit.
(D) Disposal units must be placed within five feet of the curbside collection point
before 6 a.m. on the scheduled refuse collection day and returned to storage by 9
p.m. on that day.
(E) Disposal units may not remain at the curbside for any period longer than 24
hours.
(F) Disposal units must be at least three (3) feet from any obstruction (such as
telephone poles, mail boxes. Cars, and the like...)
(G) Disposal unit lids must be closed.
(H) If the street commissioner determines the need of a second container, one will
be provided at a regular charge.
(I) For pick-up of large bulk items and household and demolition debris that will
not fit into the disposal unit, the Street Department must be notified 24 hours prior
to the regular refuse collection to schedule an additional pick-up.
Section 4. Refuse Originating Outside of the City
No person(s) shall dump refuse, yard waste, or other unwholesome items within the city
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unless authorized by the Board of Public Works and Safety.
Section 5. Units Collected
Collection shall be two (2) disposal unit per household. Additional units are available
upon request and at the regular cost established by the Board of Public Works and Safety.
Section 6 De~ositin~ on Public Streets or Sidewalks.
It shall be unlawful for any person(s) or firm to throw, put, or place any trash, yard waste
garbage, and other unwholesome and/or waste material into and upon any of the streets,
alleys, gutters, storm sewers, ditches, or sidewalks in the city.
Section 7 Accumulation on Private Premises, Disposal Units. .
(A) All persons having, making or accumulating trash, yard waste, garbage, and
other unwholesome and waste materials, shall keep the same disposal unit(s) in
compliance with those provisions set forth in Section 5 and shall place the
disposal unit(s) at the designated location for weekly collection.
(B) It shall be unlawful to set any container larger than a 96 gallon disposal unit
curbside, excepting dumpsters shall be allowed for apartment complexes,
commercial, retail and office complexes when the city disposal unit(s) is/are not
acceptable in size and/or cost as otherwise approved by the Street Commissioner.
(C) Dumpsters are permitted for construction debris and large volume consistent
with the provisions herein except dumpsters may not be placed on the streets,
sidewalks, or right-of--ways without permission from the Board of Public Works
and Safety.
Section 8. Construction Debris.
(A) Small amounts of household construction and demolition debris may be
placed in suitable containers that are in good condition, have secure handles for
lifting, and water tight sufficient to keep out rain water, or in bundles not
exceeding two feet in diameter, four feet in length.
(B) Construction debris may not be at the curbside collection point or any point on
the street for more than a 24 hour period.
Section 9. Bulk Items
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Bulk items are to be picked-up on the designated collection day and at the
designated location as the Street Department work schedule permits. Bulk items
must be requested either by telephone, email or in person to the street Department
at least 24 hours prior to the collection day.
Section 10. Abandoned or Unattended Appliances.
(A) Abandoning or leaving freezers, refrigerators, iceboxes, ice chests, and or
other appliances is subject to the regulations as set forth herein. These provisions
shall apply to any freezers, refrigerators, iceboxes, ice chests, dryer, washer, or
any other appliances having a capacity of one and one-half cubic feet or more.
(B) No person, firm, corporation or organization shall abandon any refrigerator,
freezer, ice box, ice chest, or other appliance any place within the city.
(C) No person shall leave any refrigerator, freezer, icebox, ice chest, or other
appliance any place out doors.
(D) The purpose of these provisions is to prevent children from dying for the lack
of air as a result of being locked in such a refrigerator, freezer, icebox, ice chest or
other major appliance.
(E) Any person, firm, corporation or organization that shall desire to have a
refrigerator, freezer, icebox, ice chest or other appliance removed must:
(1) Request a pick-up from the Street Department at least 24 hours prior to
collection day.
(2) Remove the door(s); and
(3) Place the refrigerator, freezer, icebox, ice chest or other major
appliance within three feet of curbside.
(F) Appliances will only be picked-up on a day scheduled by the Street
Commissioner as the work schedule permits.
(G) Appliances may not be left at the curbside collection point, or any point on the
street for more than a 24 hour period.
Section 11. Dumpsters
Any person who desires to place a dumpster on public property must obtain a
permit from the Board of Public Works and Safety. The permit will be issued
based on the following criteria:
(A) Prior to the locating of any dumpster on or in a public street or alley in
the city, all refuse companies must obtain a permit from the Board of
Public Works and Safety. Permits shall be issued for a maximum period of
ten (10) days and renewable for additional ten days at the discretion of the
Street Commissioner.
(B) The refuse company shall provide barricades and/or traffic control
devices meeting the minimum criteria in the Manual of Uniform Traffic
Control Devises for Streets and Highways in the State of Indiana. Refuse
companies shall be responsible for installing and maintaining the required
barricades and/or traffic devises.
(C) The refuse company shall sign a liability statement assuming all risks
associated with the placement of the dumpster in any public street or alley
and shall provide the Board of Public Works and Safety Proof of liability
insurance which shall name the City of Jeffersonville as a coinsured with
liability limits determined by the Board of Public Works and Safety.
(D) Failure to follow any of these policies shall be reason for denial and
the revocation of a permit and a pattern or practice of violating these
regulations shall be grounds for denial of future permits to the refuse
company.
(E) A refuse company may appeal any decision of the Street
Commissioner concerning these regulations to the Board of Public Works
and Safety.
Section 12. Contracts.
The city will not clean up or pick up any form of yard waste, construction and
demolition debris, or refuse left by a contractor or their agent.
Section 13 Refuse/Garbage Collection Fees.
(A) The city shall collect refuse/garbage from each single family residential unit
for no fee for up to two 96 gallon disposal units per collection day. The Board of
Public Works shall establish a fee for the 3`d and each disposal unit thereafter.
(B) (1) The city may collect refuse from each duplex, four-plex, and eight-plex
multi-family residential unit located within the city, for no fee for no more and no
less than 1 disposal unit per residential unit within said complex.
(2) For each multi-plex property receiving trash pick-up, per subsection (B),
the Property Owner of said property shall responsible for purchasing the requisite
number of disposal units.
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( C) The following are required to utilize private trash pick-up:
(1)Multi-family residential units larger than aneight-plex.
(2) Amulti-family residential unit that is part of an apartment complex.
(3) Industrial Properties
However, if the property Owner of any such property listed in subsection (C)
wishes City refuse/garbage pick-up, then said Property Owner shall notify the City
Sanitation Department as such, and shall be required to rent a dumpster from the
City, for a fee determined by the Board of Public Works and Safety.
(D) Limited weekly refuse/garbage collection may be offered to commercial
properties. The commercial properties must request such service and must
generate no more than two 96 gallon collection containers per collection day. The
Street Commissioner may implement reasonable rules and regulations concerning
the collection of refuse/garbage from commercial properties.
(E) Refuse/garbage collection may be provided to properties located on private
roads. Prior thereto, the Board of Public Works and Safety, shall secure legal
waivers of liability from the owners of such private roads holding the city
harmless from any liability for road or property damage caused by the
refuse/garbage collection services. The Board of Public Works and Safety may
develop and implement reasonable rules and regulations concerning such
collections.
(F) The City may make available for rent dumpsters in the following sizes:
Cubic Yards
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10
20
30
40
The fee for renting the above mentioned dumpsters shall be determined by the
Board of Public Works and Safety.
Section 14. Collection Days/Holidays.
There shall be no collection on Saturday or Sunday. In the event a holiday is on
the scheduled collection day, then collection will take place on the next business
day.
Section 15. Penalty
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Violations of any provisions herein may be cited by Code Enforcement of the
Jeffersonville building Commissioner's Office and/or the Jeffersonville Police
Department
Violations of any provisions herein are subject to a fine (set by the Board of Public Works
and Safety) for each occurrence and are enforced by the Jeffersonville City Court.
This Ordinance shall be in full force and effect upon its adoption
SO ORDAINED on this day of , 2010.
This Ordinance shall be in full force and effect from and after its passage and approval.
Passed this ~~"~`'day of , 2010.
ATTEST:
Peggy lder
Clerk and Treasurer
~ Presented by e as Clerk and Treasurer to the Mayor of said City of Jeffersonville this
1~ day of , 2010. ~ ~~
Peggy i er
Clerk and Treasurer
This ordinance approved and signed by me this
2010.
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