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HomeMy WebLinkAbout2006-OR-28Final Draft Refuse/Garbage Collection Ordinance Revised: 7-17-06 STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE NO. 2006-OR- 28 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. BULKITEMS. Ali appliances, furniture, mattresses, and children's play equipment that will not fit into the disposal unit and requires a special pick-up. CITE 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 30-gallon containers ~elected by the Board of Public Works and Safety for the purpose of disposing of refuse. DUMPSTERS. Any containe~ larger than 96 gallons used for the collection of any and all types of refuse. HOUSEHOLD CONSTR UCTION AND DEMOLITION 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. I 2 3 4 5 6 Final Draft Refuse/Garbage Collection Ordinance Revised: 7-17-06 MUL TI-FAMIL YDWELLINGS. Any and all structures or complexes with more than four apartments, condos, town homes, and the like. PATRON. (I) A RESIDENTIAL PA TRON is any person residing in the city corporate limits. A RESIDENTIAL PA TRON shall receive full services as defined in this chapter. (2) A NON-RESIDENTIAL PATRON is any firm or corporation, producing any type of 7 waste material covered by the regulations of this chapter. NON-RESIDENTIAL PATRONS are 8 required to enter into a contract for services with a private contractor. 9 (3) In the case of a firm or corporation, PA TRON is construed to mean the principal 10 agent, office, or employee responsible for the firm or corporation. 11 (4) PA TRON shall mean both residential and non-residential. 12 REFUSE. 13 (1) The terms GARBAGE, REFUSE; RUBBISH, SOLID WASTE, TRASHand 14 WASTE shall be synonymous, unless more specifically defined. 15 (2) All discarded and unwanted household and kitchen wastes, including, but not limited 16 to, food, food residues, and materials necessarily used for packaging, storing, preparing, and 17 consuming the same, usually defined as garbage, and all waste materials resulting from the usual 18 routine or domestic housekeeping, including, but not limited to, aluminum and steel cans; glass 19 containers; plastic containers; crockery and other containers; metal; paper of all types, including 20 newspapers, books, magazines and catalogs; boxes and cartons; cold ashes; furnishings and 21 fixtures; textiles and leather; toys and recreational equipment; and similar items. 22 (3) All non-putrescible solid and semisolid items of waste, including bulky refuse except 23 for the following: 24 (a) Liquids; 25 (b) Liquid or water carried wastes which are normally disposed of in sanitary sewer 26 systems; hazardous waste; 27 28 (c) Human waste, except for disposable diapers; and (d) Large animal and farm animal waste; 29 YARD WASTE. Leaves, limbs, sticks, and other vegetative matter, plants, trees or grass 30 clippings. 2 1 2 3 4 5 6 7 8 9 10 II 12 I3 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 3l 32 33 34 35 36 37 38 39 40 Final Draft Refuse/Garbage Collection Ordinance Revised: 7-17-06 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. Section 3. General Garbage/Refuse Collection Policy (A) Patrons must use the 96 or 30 gallon wheeled containers (disposal units), provided for a fee by the city for disposing of residential, retail, commercial and/or office refuse or other containers made of metal or other suitable material with suitable handles and tight fitting covers and that do not exceed 30 gallons. (B) Patrons are responsible for cleaning the disposal unit. (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 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 ora 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. Final Draft Refuse/Garbage Collection Ordinance Revised: 7-17-06 1 2 Collection shall be one 96 gallon or 30 gallon disposal unit as requested by the patron. 3 Additional units are available upon request and at the regular cost established by the Board of 4 Public Works and Safety. All other containers shall also be collected provided that said 5 container is made of metal or other suitable material with suitable handles and tight fitting covers 6 and shall not exceed 30 gallons. 7 8 9 10 1I 12 13 I4 15 I6 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 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) Ali 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. 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Final Draft Refuse/Garbage Collection Ordinance Revised: 7-17-06 Section 9. Bulk Items. 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. 1 2 3 4 5 6 7 8 9 10 11 I2 13 14 I5 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Final Draft Refuse/Garbage Collection Ordinance Revised: 7-17-06 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, ali 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 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. Final Draft Refuse/Garbage Collection Ordinance Revised: 7-17~06 (A) The city shall collect refuse/garbage from each single family residential unit, each duplex, 2 and four-plex, and eight-plex multi-family residential units located within the city provided that 3 the total collection does not exceed 480 gallon. However, refuse/garbage will not be picked up 4 from the following: 5 6 7 8 9 10 11 12 13 14 15 16 17 I8 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 (I) 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: (I) 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) Abandoned or Unattended Appliances: there shall be a $25.00 fee for the collection of refrigerators, and $5.00 for the collection of all other appliances. Said fees shall be paid in advance to the Street Department at which time a tag will be issued to be attached to the appliance. No appliance will be collected unless the tag is attached. (4) Dumpsters: there shall be a $15.00 monthly rental fee for all dumpsters provided by the city. There shall be a collection fee for all dumpsters, in which the city collects, based upon the following schedule (the city shall pick-up only dumpsters provided by the city): 7 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Final Draft Refuse/Garbage Collection Ordinance Revised: 7-17-06 Cubic Yards. Price 4 $50 10 $125 + disposal fee 20 $150 + disposal fee 30 $175 + disposal fee 40 $200 + disposal fee (5) Construction Debris (non-contractor): there shall be a fee of $5.00 for the collection of construction debris. (6) Bulk Items (excluding appliances): there shall be a fee of $5.00 for the collection of any bulk items. (7) Tree Limbs: there shall be a fee of $5.00 for limbs totaling more than 4 cubic yards. 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. SO ORDAINED on this day of .'~{~k~ ~_ Presiding Officer ,2006. NVILLE, INDIANA Final Draft Refuse/Garbage Collection Ordinance Revised: 7-17-06 P'-eeggy WilddO Clerk and Treasurer Avvroved and signed by me this /.~i9 Presented by me as Clerk and Treasurer to the Mayor of said City of Jeffersonville this day of ,~_~ ~ ,2006 at _5:~'T&m ,~-m. O' Peggy'Wii~er00~ Clerk and Treasurer O~?] day of ~~Wf~ , 2006 at Robert L. Wat~J~.~ ~4a >r 9