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HomeMy WebLinkAbout2014-OR-38STATE OF INDIANA BEFORE THE JEFFEI2SONVILLE COMMON COUNCIL ORDINANCE NO_ 2014 -OR - AN ORDINANCE AMENDING ORDINANCE 2006 -OR -28 AND 2008 -OR -51 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, THE 121-7.-F' Co RE, 13 1E, 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. B LIZ- IC ITEMS_ All appliances, furniture, mattresses, and children's play equipment that will not fit into the disposal unit and requires a special pick-up. CITY_ The City of -Jeffersonville, Indiana. 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. The wheeled 96 -gallon and 65 -gallon containers selected by the Board of Public Works and Safety for the purpose of disposing of refuse. D UMWS' TEl? S. Any container larger than 96 gallons used for the collection_ of any and all types of refuse_ HOUSEHOLD CONS TR UCTION AND DEIVIOLI TION DEBRIS_ Waste materials from do it yourselfers, 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. disassembled bathroom and kitchen fixtures. 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 corporate limits. A RESIDENTIAL PATRON shall receive full services as defined in this chapter. (2) A NON-RESIDENTIAL PATRON is any firm or corporation, producing any type of waste material covered by the regulations of this chapter. NON-RESIDENTIAL PATRONS are required to enter into a contract for services with a private contractor. (3) In the case of a firm or corporation, PATRON is construed to mean the principal agent, office, or employee responsible for the firm or corporation. (4) PATRON shall mean both residential and non-residential. 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 containcrs; 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-putrescible solid and semisolid items of waste, including bulky refuse except for the following which cannot go in trash: (a) Liquids; (b) Liquid or water carried wastes which are normally disposed of in sanitary sewer systems; hazardous waste; (c) Except for disposable diapers, human waste, including human waste from port -o - pots from campers and full catheter bags; and (d) Large animal and farm animal waste; (e) Loose Hypodermic needles The City reserves the right to refuse trash pickup after resident has been warned and behavior continues. A letter will be sent to warn the resident and to instruct them on proper disposal. YARD WASTE. Leaves, limbs, sticks, and other vegetative matter, plants, trees or grass clippings. Section 2. Yard Waste Yard waste shall be collected throughout the city in timely fashion and on the schedule as established by the Street Commissioner. Yard waste will not be collected if contained in plastic bags since City will be composting. Section 3. General Garbage/Refuse Collection Policy (A) Patrons are responsible for cleaning the disposal unit. (C) All refuse must be placed in the disposal unit. Residents must have enough approved containers to accommodate the amount of weekly trash they have. If the resident occasionally has extra trash, it will be picked up. However, if it is a common occurrence, resident must get another approved container. (D) Disposal units must be placed within five feet of the curbside collection point before 5 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 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 the 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 at least 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 unless authorized by the Board of Public Works and Safety. Section 5. Units Collected. Collection shall be one 96 gallon or 65 gallon disposal unit as requested by the patron. Additional units are available upon request and at the regular cost established by the Board of Public Works and Safety. All trash to be picked up must be in a regulation can. Section 6. Depositing on Public Streets or Sidewalks. It shall be unlawful for any person or firm to throw, put, or place any trash, yard waste, garbage, and other unwholesome and/or waste materials 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, or other unwholesome and waste materials, shall keep the same in disposal units in compliance with those provisions set forth in Section 5 and shall place the disposal units 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 city 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, are water tight sufficient to keep out rain water, do not exceed 30 gallons and/or 30 pounds 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 than a 24 hour period. (C) Construction debris exceeding a 4 -yard dumpster full shall be subject to a charge of $75.00 per claw truck load. Section 9. Bulk Hems. Bulk items will be picked -up on the designated collection day and at the designated location as the Street Department work schedule permits. Bulk items pick-up 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, refrigerators, iceboxes, ice chests, and other major appliances is subject to the regulations as forth herein. These provisions shall apply to any freezers, refrigerators, iceboxes, ice chests, dryer, washer, or any other major 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-of-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 refrigerator, freezer, icebox, ice chest, or other major appliance. (E) Any person, firm, corporation, or organization that shall desire to have refrigerator, freezer, icebox, ice chest, freezer or other major 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, ice box, ice chest, freezer or other major appliance within three feet of the curbside. (F) Appliances will only be picked up on a day scheduled by 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 be 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. Dumpsters may not be placed within 50 feet of an intersection or in such a manner and fashion as to cause traffic safety problems by unreasonably blocking the normal flow and pattern of traffic. No dumpster may be placed as to block a public sidewalk. (B) The refuse company shall provide barricades and/or traffic control devices meeting the minimum criteria in the Manual on 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 co- insured 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 or revocation of a permit and a pattern or practice of violating these regulations shall be grounds for denial of future permits to a 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. Contractors. 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, each duplex, and four-plex, and eight-plex multi -family residential units located within the city provided that the total collection does not exceed 480 gallon. However, refuse/garbage will not be picked up from the following: (1) Mutli-family residential units larger than a eight-plex; (2) A mutli-family residential unit which is part of an apartment complex; (3) Industrial properties. (B) Limited weekly refuse/garbage collection may be offered to commercial properties. The commercial properties must request such service and must generate no more refuse/garbage 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. (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 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. (D) A refuse/garbage collection fee is hereby established as follows: (1) Residential Refuse/garbage collection: there shall be no fee assessed for up to two disposal units (96 or 30 gallon) per collection day. (2) Commercial refuse/garbage collection: there shall be no fee assessed for up to two disposal units (96 gallon) per collection day. (3) There is no charge for appliance pick-up. (4) Dumpsters are rented for intervals of one (1) week only with the charges based on the following schedule: All Prices Include disposal fee barring special circumstances Cubic Yards Price 4 $80.00 10 $215.00 20 $260.00 30 $295.00 40 $320.00 (5) Any construction or tree debris that is larger than a 4 -yard dumpster shall be subject to a charge of $75.00 per claw truck load or by weight if logs are heavy. 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 day. Section 14. Penalty. Violations of any provisions herein are subject to a $50 fine per occurrence and are enforced by the Jeffersonville City Court. This Ordinance shall be in the full force and effect upon its adoption. Voted tor:JV Voted Against: SO ORDAINED on this J se day of Vicki Conlin City Clerk COMMON COUNCIL OF Y OF JEFFE,1t,.3 NVI L INDIANA Dennis ius Presi g Officer , 2014. Presented by me a 1erk and Treasurer to thc Mayor of said City of Jeffersonville this I7 day of , 20 Approved and signed by me this VA day o Vicki Conlin City Clerk Mike Moore, 4ayor , 2014.