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HomeMy WebLinkAbout2008-OR-51Page 1 of 6 STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL Ordinance 2008 - 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 [he residents of the City of Jeffersonville. WHEREAS, the common council of the City of Jeffersonville believes it is important to orea[e regulations and procedures for the collection of refuse and garbage within the city: NOW, THEREFORE, BE TT 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 [hat 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 croft or employment performs work on any property within [he city. CURBSH)E. Adjacent to the street pavement, alley pavement and gutter, within three feet thereof. The Street Commissioner, as required to provide qualiTy service shall define CURBSH)E. DISPOSAL UNIT. The wheeled 96-gallon or 48-gallon containers selected by the Boazd of Public Works and Safety for [he purpose of disposing of refuse. DUMPSTERS. Any container larger than 96-gallon used for the collection of any and all Types of refuse. HOUSEHOLD CONSTRUCTION AND DEMOLITION DEBRIS. Waste materials from do it yourselfers, interior and exterior household construction, remodeling and repair projects, including but not limited [o, drywall, plywood and paneling pieces, lumber and other building materials, windows and doors, cabinets; carpeting; disassembled bathroom and kitchen fixtures. Page 2 of 6 MULTI-FAMILY DWELLINGS. Any and all structures or complexes with more than four apartments, condos, town homes, and the like. PATRON. (1) A RESIDENTIAL PATRON is any person residing in the city wrporate limits. A RESIDENTIAL PATRON shall receive full services as defined in this chapter. (2) ANON-RESIDENTIAL PATRON is any firm or corpomtion producing any type of waste material covered by the regulation of this chapter. NON- RESIDENTIAL PATRON is required to enter into a contract for services with a private contractor. (3) In the case of a firm or corporatioq PATRON is construed 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, and catalogs; boxes and cartons; cold ashes; furnishings and fixtures; textiles and leather, toys and recreational equipment and similar items. (3) All non-putrescrible 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; YARD WA5TE. Leaves, limbs, sticks, and other vegemtive matter, plants, trees or grass clipping. Section 2. Yazd Waste Yazd waste shall be collected throughout the ciTy in a timely fashion and on the schedule as established by the Street Commissioner. Page 3 of 6 Section 3. General Garbaee/Refuse Collection Policv (A) Patrons must use 96 or 48 gallon wheeled wntainers (disposal units) (as approved by the Board of Public Works), provided for a fee by the city or other vendors, for disposing or residential, retail, commercial, retail, and/or office refuse. (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 fee[ ofthe 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 no[ remain at the curbside for any period longer than 24 hours. (F) Disposal units must be at least three (3) feet from any obstmction (such as telephone poles, mail boxes. Cars, and [he like...). (G) Disposal unit lids must be closed. ([~ If the Street Commissioner determines the need of a sewed container, one will be provided at 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 most be notified 24 hours prior to the regular refuse collection to schedule an additional pick- up. Section 4. Refuse Orieinatine Outside of the Ci No person(s) shall dump refuse, yard waste, or other unwholesome items within the city unless authorized by the Board of Public Works and Safety. Section 5. Units Collected Collection shall be one 96 gallon or 48 gallon disposal unit as requested by the patron Additional units are available upon request and at the regulaz cost established by the Board of Public Works and Safety. Section 6. Deoositine on Public Streets or Sidewalks. It shall be unlawful for nay 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. Page 4 of 6 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 units in compliance with [hose provisions set forth in Section 5 and shall place the disposal units at the designated location for weekly collection. (B) [t shall be unlawful to set any container larger than 96 gallons disposal unit curbside, excepting dumpsters shall be allowed for apartment complexes, commercial, retail and office wmplexes when the city disposal unit(s) is/are not aweptable in size and/or cost as otherwise approved by [he Street Commissioner. (C) Dumpsters are permitted for wnstmc[ion debris and large volume consistent with the provisions herein except dumpsmrs may not be place on [he 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 ooms[mc[ion and demolition debris may be placed in suitable containers that are in good wndition, have secure handles for lifting, and water tight sufficient to keep out rain water, or in bundles no[ exceeding two fee[ in diameter, Four feet in length. (B) Construction debris may no[ be a[ the curbside collection point or any paint on the street for more than a 24 hour period. Section 9. Bulk Items. Bulk items are [o be picked-up on the designated collection day and at the designated location as the Street Deparnment work schedule permits. Bulk items must be requested either by telephone to the Street Department at least 24 hours prior to the collection day. Section 10. Abandoned or Unattended Appliances. (A) Abandoning or leaving freezers, refrigemtors, iceboxes, ice chests, and or other appliances is subject to the regulatioms as set forth herein These provisions shall apply to any freezers, refrigemtors, 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, wrporatiom or orgauiza[ion shall abandon any refrigerator, freezer, ice box, ice chest, or other appliance any place within [he city. (C) No person shall leave any refrigerator, freezer, icebox, ice chest, or other appliamce arty place out-of-doors. (D) The purpose of these provisions is to prevent childrem from dying for the lack of air as a result of being locked in such refrigerator, freezer, icebox, ice chest or other major appliance. Page 5 of 6 (E) Any person, firm, corporation or organization that shall desire [o have refrigerator, freezer, icebox, ice chest, or other appliance removed must: (I) Request apick-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 [he Street Commissioner as the work schedule permits. (G) Appliances may no[ be left at the curbside collection point, or any point one the street for more than a 24 hour period. Secfion 11. Dumosters. 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 pnblic 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 Qll) 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 Oviform Traffic Control Devises for Streets an 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 [he Board of Public Works and Safety proof of liability insurance which shall uame 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 revocation of a permit and a pattern or practice of violating these regulations shall be grounds for denial of furore 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, wnstruc[ion and demolition debris, or refuse left by a contractor or their agent. Page 6 of 6 Section 13. Refuse/ Garba a Collection Fees (A) The city shall collect refuse from each single family residential unit, each duplex, and four-plex, and eight-plex multi-family residential units located within the city provided that the total collection does no[ exceed 480 gallons. However, refuse/garbage may be picked up from the following for a fee determined by the Board of Public Works and Safety: (I) Multi-family residential units larger than an eight-plex. (2) Amulti-family residential unit that is part of an apartment complex. (3) Industrial properties (B) Limitad 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 roles and regulations concerning the collection of refuse/garbage from commercial properties. (C) 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 IiabiliTy 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 roles and regulations concerning such collections. (D) A refuse/garbage collection fee is herby established as follows: a. Residential refuse/garbage collection: there shall be no fee assessed for up to two 96 or 48 gallon disposal units per collection day. b. Commercial refuse/garbage collection: there may be a fee assessed for up to two 96 or 48 gallon disposal units per collection day. Fees for renting dumpster will be as follows: Cubic Yards Price per load (including disposal feel 4 $ 75.00 10 $ 150.00 20 $ 175.00 30 $ 200.00 40 $ 225.00 Section 14. Collection Davs/ Holida s There shall be no collection on Saturday or Sunday. In the event a holiday is on [he scheduled collection day, then collection will take place on the next business day. Section 15. Penalty. Violations of any provisions herein are subject to a fine (set by the Board of Public Works and Safety) for each occurence end are enforced by the Jeffersonville City Court. This Ordinance shall be m full force and effect upon its adoption. 50 ORDA-VED on this _ day of_~ 2008. This Ordinance shall be in full force and effect from and after its passage and approval. Passed this ~ day of __~~p hnr , 2008. ~ O omas Gallig ~, r di g Officer ATTEST: )~ Pegg lder Clerk and Treasurer Presented by me as Clerk and Treasurer to the Mayor of said City of Jeffersonville this_~day of QC{n C ,2008. Pegg ilder Clerk and Treasurer This Ordinance approved and signed by me this aayof ac~PJIkR ,zoos.