The URL can be used to link to this page

Home My WebLink About2001-OR-13 Ordinance No. 01-OR-~ AN ORDINANCE AMENDING {}{} 93.01 THROUGH 93.32 OF THE JEFFERSONVII J.l=. MUNICIPAL CODE CONCERNING CITY GARBAGE COLLECTION WHEREAS, the City of Jeffersonville has not reviewed and amended its ordinances concerning garbage collection for forty years; and WHEREAS, modem equipment has made many of the provisions of the existing garbage collection ordinance outdated; and WHEREAS, the Common Council of the City of Jeffersonville believes that Jeffersonville citizens' health and welfare is best served by updating the existing garbage collection ordinance; NOW, THEREFORE, IT IS HEREBY ORDAINED that Sections 93.01 through 93.32 of the Jeffersonville Municipal Code are hereby repealed and replaced by the following: GENERAL PROVISIONS 93.01 ACCUMULATION OF REFUSE DECLARED NUISANCE. All accumulations of refuse which are in violation of any of the provisions of this chapter are declared to be a nuisance. 93.02 DEPOSITING REFUSE UPON STREETS, SIDEWALKS. No person may cast, place, sweep, or deposit any refuse, including grass clippings and other yard waste, in such a manner that it may be carried or deposited, by the elements or any other means, upon any street, side~valk, alley, sanitary or storm sewer, parkway, or other public place, or into any occupied premises within the city. 93.03 PLACEMENT OF REFUSE IN STREAM. No person may deposk any refuse, including grass clippings and other yard waste, in any stream or other body of water. 93.04 TRANSPORTING REFUSE THROUGH STREETS. All trucks used for transporting refuse on the streets must either be closed, or must be covered by tarpaulin, or other manner or material, so that no portion of the load being carried or transported may blow out, fall out, leak, or in any manner come to rest on the street, sidewalk, curb, gutter, or adjoining property. ~ 93.05 WET GARBAGE. All wet garbage that is placed out for collection by the City must be drained and wrapped. ~ 93.06 REMOVAL OF TREE-TRIMMINGS, BUILDING DEBRIS, AND THE LIKE. Tree-trimmers, building wreckers, or other contractors of any kind must remove, at their own expense, ali accumulations of debris, refuse and garbage of any kind resulting, directly or indirectly, from their work. ~ 93.07 PICKING THROUGH CANS PROHIBITED. No person may sort through any other person's garbage container(s). CONTAINERS; COl J.ECTION 93.15 CONTAINERS REQUIRED; CONDITIONS AND SPECIFICATIONS. (A) No person may throw, drop, or deposit any garbage or other refuse on any street, sidewalk, curb, or alley except into a proper container provided for that purpose. (13) Conditions and spedfications. (1) Occupants must maintain all garbage containers in good condition. Upon receiving written notice from the Street Commissioner, an owner must replace any container that has any ragged or sharp edges or any other defects which may hamper or injure the person collecting its contents with a container that meets the requirements stated in this ordinance. (2) The City will collect only~Sne (1) g~rbage container with a capacity of up to ninety (90) gallons per business or dwelling unit. Occupants may use only garbage containers that are made of metal, heavy plastic or another suitable material, and are watertight and equipped with suitable handles and tight-fitting covers. Garbage containers may not have a capacity in excess of ninety (90) gallons and must be approved by the Street Commissioner. Occupants must keep all garbage containers in a clean, neat, and sankary condition at all times. (3) No one may place hot ashes in a garbage container. (4) All garbage containers must be suitable for collection purposes, approved by the Street Commissioner, and of such ~veight that the container can be handled by one person. (5) The Street Commissioner is authorized to allow the use of containers that do not comply with the provisions of this section. 93.16 CONTAINERS REQUIRED FOR CERTAIN BUSINESSES. All occupants engaged in an activity or business that generates garbage in a quantity per week in excess of that containable in one ninety (90) gallon garbage container, must provide for their own garbage pick-up service and must provide ample containers in a sufficient number to properly hold the garbage secure until it is removed. Those occupants engaged in a retail business that sells products in a throw-a~vay container, be it paper, cardboard, plastic, or other material, must provide a sufficient number of trash containers, strategically located, as to encourage and induce their customers to use same. 93.17 PLACEMENT OF ROCKS, ASHES, AND THE LIKE IN CONTAINERS. No rocks, brick, dirt, or ashes may be placed in containers containing other garbage. 93.18 WHEN CONTAINERS MAY BE SET OUT FOR COI.I.ECTION. Occupants must keep all garbage containers in the rear of their premises, except that containers may be placed in front yards or side yards twelve (12) hours before the day scheduled for pick-up by the city's collectors. 93.19 LOCATION OF CONTAINERS PLACED FOR COLLECTION. Occupants must place their garbage container for collection at ground level on the property they occupy, accessible to the street or alley from which collection is made, but not within the right-of-~vay ora street or alley. No variation from this section is permitted unless approved by the Street Commissioner for good cause. 93.20 TERMINATION OF SERVICE FOR ILLEGAL CONTAINERS. The Street Commissioner is authorized to refuse to collect garbage from the premises of any person whose container fails to comply with the provisions of this chapter or any regulations promulgated pursuant to it. 93.21 COl J.ECTION OF BURNING TRASH. The city will not collect any burning trash. ADMINISTRATION ~ 93.30 DUTY OF STREET COMMISSIONER. All garbage and other refuse must be collected, conveyed and disposed of under the supervision of the Street Commissioner. [ 93.31 AUTHORITY TO MAKE RULES AND REGULATIONS. The Street Commissioner is authorized to make rules and regulations concerning the days of garbage collection, the type and location of garbage containers, and such other matters pertaining to the collection, conveyance, and disposal of garbage as he finds necessary. The Street Commissioner is authorized to change and modify those rules and regulations upon reasonable notice provided that the rules and regulations are not contrary to the provisions of this chapter. ~ 93.32 APPEALS FROM REGULATIONS. Any person aggrieved by a regulation of the Street Commissioner promulgated pursuant to this chapter has the right of appeal to the Board of Public Works and Safety, which has the authority to confirm, modify, or revoke those regulations. This Ordinance shall become effective immediately upon its passage and adoption. Passed and adopted by the Common Council of City of Jeffersonville, Clark County, State of Indiana, on the day of ,200 ATTEST: Thomas R. Galligan Presiding Officer Peggy Wilder Clerk-Treasurer Presented by me as Clerk-Treasurer to the Mayor of said City of Jeffersonville this __ ., 200__. day of Peggy Wilder Clerk-Treasurer This Ordinance approved and signed by me this __ day of ., 200__. Thomas R. Galligan, Mayor Section 93.01 Accumulation of refuse declared nuisance 93.02 Depositing refuse upon streets, sidewalks 93.03 Placement of refuse in streams 93.04 Transporting refuse through streets 93.05 Wet garbage 93.06 Removal of tree-trimmings, building debris, and the like 93.07 Picking through cans prohibited 93.15 93.16 93.17 93.18 93.19 93.20 93.21 Containers required; conditions and specifications Containers required for certain businesses Placement of rocks, ashes, and the like' in containers When containers may be set out for collection Location of containers placed for collection Termination of service for illegal containers Collection of burning trash Adm~,~n 93.30 Duty of Street Commissioner 93.31 Authority to make rules and regulations 93.32 Appeals from regulations Weed~ No, dons P/a~ 93.40 Clearing lots of weeds, noxious plats required; nuisance 93.41 Inspection; notice to .abate 93.42 Failure to remove; lien upon property Solid W~te Dump~ 93.50 Purpose 93.51 Def'mitions 93.52 Prohibition 93.53 Cleanup and removal 43 , 44 Jeffe~onvflle - ~ Regulations 93.65 Definitions 93.66 Establishment of n~ndatory program 93.67 Billing and collection responsibilities 93.68 Ownership and usage of recycling non-reverting escrow fund 93.69 Violations 93.70 Enforcement 93.71 Interpretation; severability Durnp~ng trash on river ~ront prohibited, see § 96.25 GI~ PRO~I~ION~ § 93.01 ACCUMUI~TION OF k~'JSE DECLARED NUISANCE. All accumulations of refuse which are in violation of any of the provisions of this chapter are declared to be a nuisance. ('77 Code, § 9-39) (Ord. 1544, passed 12-5-60) Penalty, see § 10.99 § 93~0~ DEPOSITLL~T~ I~'LJSE UPON STREETS, S~)~-'wALKS. No person shall cast, place, sweep, or deposit any refuse in such a manner that it may be carried or deposited by the elements upon any street, sidewalk, alley, sewer, Parkway, or other public place, or into any occupied premises within the city. ('77 Code, § 9-37) (Ord. 1544, passed 12-5-60) Penalty, see § 10.99 § 93.03 PLACEMENT OF tL~r'OSE IN STEEAMS. No person shall throw or deposit any refuse in any stream or other body of water. ('77 Code, § 9-38) (Ord. 1544, passed 12-5-60) Penalty, see ~ 10.99 § 93.04 TRANSPORTING Rk~'tJSE TH~OUG'H STP, EETS, Ail trucks used by any person for the purpose of transporting refuse on the streets shall either be of the closed type or shall be so covered by tarpaulin, or other manner or material, that no portion of the load being carried or transported shall blow out, fall out, leak, or in any manner come to rest on the street, sidewalk, curb, gutter, or adjoining property. ('77 Code, § 9-49) (Ord. 1665, passed 4-4-66) Penalty, see § 10.99 § 93.06 wzT C, ARBAG'E. Ail wet garbage which has been placed out for collection by the city shall be drained and w~'apped. ('77 Code, § 9-42) (Ord. 1544, passed 12-5-60) All accumulations of debris and refuse of any kind caused by tree-trimmers, building wreckers, or other contractors of any kind shall be removed by the persons at their own expense. ('77 Code, § 9-43) (Ord. 1544, passed 12-5-60) § 93.07 PICKING 'I~-IROUGH CANS PROI-I~rr~=u.~. No person shall pick through any of the refuse containers of another. ('77 Code, § 9-48) (Ord. 1544, passed 12-5-60) Penalty, see/3 10.99 CONTAIlw:;~; COI, I, ECTION § 93.18 CONTAII~.~.S REOUI~'~r~; CONDITIONS AND SPEC~ICATIONS. (A) No person shall throw, drop, or deposit any refuse on any street, sidewalk, curb, or alley except into a proper container provided for that purpose. ('77 Code, § 9-35) (Ord. 1665, passed 4-4-66) (B) Condition and specifications. (1) AIl refusa containers shall be maintained in good condition and any container that has an!~ ragged or sharp edges or any other defects which may hamper or injure the person collecting its contents shall be properly replaced upon notice from the Street Comm/ssioner. (2) All garbage containers shall be made of metal, or any other suitable material and shall be equipped with suitable handles and tight-fitting covers, and shall be watertight. The containers shall have a capacity of not more than 20 gallons and shall be of a type'approved by the Street Comm/ssioner and shall be kept in a clean, neat, and sanitary condition at all times. (3) All ash containers shall be made of metal and have a capacity of not more than 20 gallons. (4) Ail rubbish containers shall be of a kind suitable for collection purposes and shall be of such weight that they can be handled by one man. (5) The Street Commissioner is authorized to allow the use of containers which do not comply with the provisions of this section. ('77 Code, § 9-40) (Ord. 1544, passed 12-5-60) Penalty, see § 10.99 § 93.16 CONTAIN'ERS REQUER~:~n FOR ~TAIN BUSINESSES. All persons engaged in an activity or business that by its nature tends to create an excessive amount of litter, trash, and paper refuse, shall provide ample containers in a sufficient number to properly hold such trash secure until same is removed. Those persons engaged in a r~tail business that sells products in a throw-away container, be it paper, cardboard, plastic, or other material, shall provide a 46 sufficient number of trash containers, strategically located, as to encourage and induce their customers ('?7 Code, § 9-36) (Ord. 1666, pa~sed 4-4-66) penalty, see § 10.99 § 93.17 PLACEMENT OF ROCKS, ASHES, AND THE ~ IN CONTA~sI~S. No rocks, brick, dirt, or ashes shall be placed in containers containing other refuse. ('77 Code, § 9-44) (Ord. 1644, passed 12-5-60) Penalty, see § 10.99 § 93.18 WHEN CONTAnTERS MAY BE SET OUT FOR COLLECTiON. All refuse containers shall be kept in the rear of all premises, except that they may be placed in front yards or side yards 12 hours before the day of usual pick-up by the city's collectors. ('77 Code, § 9-46) (Ord. 1544, passed 12-5-60) § 93.19 LOCATiON OF CONTAIN/:~:S PLACED FOR COLLECTION. All refuse containers shall be placed for collection at ground level on the property they serve but in such a location as to not be within the right-of-way of a street or alley, accessible to the street or alley from which collection is made. No variation from this section shall be permitted unless for good cause approved by the Street Commissioner. ('77 Code, § 9-47) (Ord. 1544, passed 12-5-60) Penalty, see § 10.99 § 93.20 'i'~MINATION OF SERVICE FOR ILLEGAL CONTAhN~,v,S. The Street Commissioner is authorized to refuse to collect refuse from the premises of any person whose containers fail to comply with the provisions of this chapter or any regulations promulgated pursuant to it. ('77 Code, § 9-41) (Ord. 1544, passed 12-5-60) § 93.21 COLLECTION OF BURNING TRASH. The city shall not collect any burning trash. ('77 Code, § 9-45) (Ord. 1544, passed 12-5-60) § 93.30 DUTY OF $~T COlVlNIISSION~R. All refuse shall be collected, conveyed, and disposed of under the supervision of the Street Commissioner.~ ('77 Code, § 9-34) (Ord. 1544, passed t2-5-60) C, arbage and P,s~hme~ Weeds 47 § 93.31 AUTHOILITY TO MAKE RULES AND REG'UI~TIONS. The Street Coramissioner is authorized to make rules at{d regulations concerning the days of refuse collection, the type and location of refuse containers, and such other matters pertaining to the collection, conveyance, and disposal of refuse as he shah find necessary and to change and modify same upon proper notice; provided, that the rules and regulations shall not be contrary to the provisions of this chapter. ('77 Code, § 9-50) (Ord. 1544, passed 12-5-60) § 93.3g APPEALS FROM REGULATIONS. Any person aggrieved by a regulation of the Street Commissioner promulgated pursuant to this chapter shall have the right of appeal to the Board of Public Works and Safety, who shall have the authority to confhrn, modify, or revoke any such regulations. ('77 Code, § 9-51) (Ord. 1544, passed 12-5-60) ~,,-:,-:, ,$, NOXrOU5 PLANTS § 93.40 CLEAPJIWG LOTS OF W~:":'~$, NOXIOUS PLANTS REOU~; NUISANCE. (A) No owner of any lot or parcel of real estate witkin the city shall allow the same, or any alley 'or sidewalk abutting such lot, to become overgrown with weeds or noxious plants to such an extent that such overgrowth, within the opinion of the Department of the Building Commissioner is detf~ctental to the' public health. (B) The growth of weeds or noxious plants is deemed iniurious to public health and is declared a nuisance. (Ord. 83-OR-17, passed 8-1-83) Penalty, see § 10.99 § 93.41 INSPECTION; NOTICE TO ABATE. The Building Commissioner shall be entitled to certify to the Clerk and Treasurer that any lot within the city that is encumbered with excessively high or overgrown weeds and other rank vegetation, specifically including, but not limited to, grass which is in excess of eight inches in height, whereupon the Building Commissioner is directed to send by certified mail, a five day written notice to remove the vegeiation to the landowner of said lot at the landowner's last known address as rev~ealed by the tax duplicate records of the Clark County Auditor. If the landowner falls to remove the vegetation within the time prescribed, the Building Commissioner is hereby directed to cause such vegetation to be removed, whereupon the Building Commk~sioner is further directed to prepare a certified statement of the actual costs incurred by the city for such removal. This certified statement of costs shall be delivered to the owner of the property by certified mail at his last known address, 'and the owner of said lot shall pay the amount to the officer of the Building Commissioner or Clerk and Treasurer within ten days after receiving the statem~ent. In the event that the landowner fails to pay the amount within said period of time, a certified copy of the payment of cost shah be ~ed with ihe office of the Clark County Auditor whereupon 48 Jeffemom, flle- ~ Regul~ the Auditor shall place the amount claimed on the tax duplicate against the property affected by such work, and the amount shall thereafter be collected and disbursed to the general fund of the city in the usual and customary manner. (Ord. 83-OR-17, passed 8-1-83; Am. Ord. 89-OR-72, passed 12-16-89; Am. Ord. 90-OR-6, passed - - ) § 93.4~ FA/LURE TO REMOVE; L~N UPON PROPERTY. If the property owner fails to remove or cut the weeds or noxious plants within ten days after receiving notice to do so, the Building Commissioner may cause same to be removed or cut and the expense thereof shall be billed to such property owner. If such property owner f~!l~ to pay such withLu 60 days from the date of m~il:ug then the Commissioner shall cause to be filed with the County Recorder a lien. against such property, which lien shall be foreclosed as are other similar liens. Any additional cost created by the necessity of the city having to cut or remove such weeds or noxious plants and foreclose such lien shall be added to the amount for which the property owner was billed. (Ord. 83-OR-17, passed 8-1-83) SOL~D WASTE DUIW2~ING § 93.50 PURPOSE. This is a subchapter to def'me dumping, control the dumping and disposal of solid waste materials, and establish penalties for the violations thereof, and providing for the clean-up for the violations thereof. This is in addition to §§ 93.01 through 93.03, 93.05 through 93.07, 93.15(B), 93.17 through 93.21 and 93.30 through 93.32. (Ord. 93-OR-31, passed 6-21-93) § 93.81 D~'~rnONS. For the purpose of this subchapter, the following del'tuitions shall apply unless the context clearly indicates or requires a different meaning. DU/t4~/N'G'. The discarding of those items of solid waste commonly known as garbage, used household goods, appliances, automobile parts, ti~es, trash, bags of trash or garbage, construction or demolition materials, and all other items commonly disposed of in sanitary landfflis and shall include all items and materials defined in IC 13-7-1-22 as "Solid Waste", bUt does not include the use of compost bins. Z4:~'z2:~'G. The occasional discarding ora single item of trash, such as a can, bottle, cigarette butt, package, wrapper and similar items, and shall not inelude asy'~hing or any combination of items larger than one small trash can full. Any personl corporation, organization, partnership, or other entity. D/NC-ARD.~qG.. The disposal of any solid waste mater/al which is abandoned, recycled or inherently waste like and which ~s placed upon land Lu a manner that constitutes the disposal of the same or is used to produce products that are applied to or placed on the land or are other'wise contained in