Submitted by the Councilor Bunder

ORDINANCE NO. __-09

AN ORDINANCE AMENDING THE GENERAL PROVISIONS AND SERVICE

CHARGES FOR REFUSE AND GARBAGE COLLECTION
IN THE CITY OF WEST LAFAYETTE

WHEREAS, the last adjustment to the City of West Lafayette’s refuse and garbage fee
was approved by Common Council November 1992 and

WHEREAS, City Code Sec. 67.25 requires refuse and garbage fees be reviewed
annually by council and

WHEREAS, the Common Council (Ordinance #19-08) established the Go Greener

Commission to promote environmentally sound policies in city government and
throughout the community and

WHEREAS, the Go Greener Commission and the City Street and Sanitation Committee
received on April 21, 2009 a report from the Boiler Green Initiative and the Engineering
Projects in Community Service (EPICS) program of Purdue University regarding the
desirability of a metered trash collection program for the City of West Lafayette and

WHEREAS, the Go Greener Commission on June 9,2009 endorsed a PAYT (“Pay As

You Throw”) program for the City of West Lafayette,

NOW THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY

OF WEST LAFAYETTE THAT:

CHAPTER 67 of the West Lafayette City Code shall be AMENDED to read as follows:

CHAPTER 67. Refuse, Garbage and Weeds.

ARTICLE I. GENERAL PROVISIONS

Sec. 67.01. Definitions.

For the purposes of this chapter, the following words and phrases shall have the
meanings respectively ascribed to them by this section:

Garbage. Rejected food wastes, and includes every waste accumulation of animal, fruit
or vegetable matter, used or intended for food, or that attends the preparation, use,
cooking, dealing in or storing of meat, fish, fowl, fruit or vegetables.

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Rubbish. Ashes, cans, metalware, broken glass, crockery, dirt, sweepings. boxes.
wood. grass, weeds or litter of any kind. (Code 1960, § 10-1.)

Sec. 67.02. Removal of weeds.

It is hereby made the duty of the chief of police to serve a written or printed notice on
the owner or occupant, lessee or agent of any premises within the city whereon are
allowed, suffered or permitted to grow or mature any poisonous or noxious or other
weed, to cut down, remove or otherwise destroy such weeds within ten days from the
date of such notification: provided, that in case such owner is a nonresident of the city,
and there are no occupants of the premises and there are no agents or lessees in the
city, the notice shall be posted in a conspicuous place on the premises and it shall be
the duty of such owner. occupant. lessee or agent to cut down, remove or otherwise
destroy such weeds within ten days from the date of service or posting of such notice.

If any such owner, occupant, lessee or agent should fail to cut down, remove or
otherwise destroy such weeds within the time as notified, the street commissioner shall
cut down, remove or destroy the weeds at the expense of the city and the city shall
thereupon hold in lien upon the real estate, upon which such weeds are located for the
amount of the cost and expenses thereof with interest of six percent per annum, which
shall be connected in the manner provided for the collection of assessments for street
improvements. (Code 1960, §§ 27-1, 27-3.)

Sec. 67.03. Depositing, etc., on property prohibited.

It shall be unlawful to throw, place, cause to be placed or permit to remain on any
property, any items that may be called rubbish, trash or debris, unless such rubbish,
trash or debris is placed and caused to remain in suitable containers intended for the
storage and collection of such rubbish, trash or debris.

Rubbish, trash and debris as used in this section, is defined as any item that may be
unsightly to persons and is further defined, but not necessarily limited to, waste paper,
paper containers such as paper cups. soda straws, paper napkins, paper plates,
cleansing tissues, plastic containers of any description, peelings or rinds of any
description, or any edible food or non-edible such as garbage. (Ord. No. 15-68, §§ 1, 2.)

Sec. 67.04. Burning leaves etc. in streets.

It shall be unlawful for any person to burn leaves, refuse or any other similar substance
within the city, except by the express written approval of the chief of the fire department.
(Code 1960, § 15-18; Ord. No. 32-86)

As to fire protection generally, see ch. 63 of this code.

Sec. 67.05. Accumulation of garbage and rubbish prohibited.

The owner, occupant or lessee of any premises in the city shall cause to be removed
from the premises all garbage and rubbish, and shall keep the premises at all times free
and clear of any accumulation of garbage and rubbish. (Code 1960, § 10-2.)

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Sec. 67.06. City Container specifications.

Suitable containers shall be:

1) Bags printed with the seal of the City of West Lafayette designating each bag as an
approved refuse bag; or

(2) Thirty-two-gallon rigid containers which are of a galvanized metal or other suitable
material that is leak-proof, having two handles or a bale and close-fitting covers, and
shall be watertight and shall have a capacity of not less than five gallons nor more than
twenty gallons and shall be kept in a sanitary condition (Code 1960, § 10-4) and bear a
refuse container sticker and/or 30 gallon bags of sufficient quality and substance which
will not tear or open during normal collection processes bearing a refuse container
sticker; or

(3) Thirty-two-, 64- or 96-gallon wheeled refuse carts purchased from the city bearing a
refuse container sticker; or

(4) Rigid containers, which may be obtained from the city for the express purpose of
storing and collecting recyclable materials.

Sec. 67.07 Recycling.

Recycling collection is provided free of charge to recipients of city trash and refuse
collection. Collection occurs every other week.

The department of streets and sanitation shall prepare and promulgate annually a list of
what types of paper products, metal cans, glass containers and plastic bottles are
recyclable. The list may change from time to time as the recycling market adjusts to
shifting demands and technologies.

Sec. 67.08 Bulk Rubbish.

Bulk rubbish means all rubbish, excluding yard waste, of a size or weight that exceeds
an appropriate container for storage and collection and can be recycled or disposed of
using conventional methods.

Bulk rubbish shall be kept enclosed in a dwelling, accessory structure or screened or

inconspicuous in an open accessory structure during intervals between special
collection days. The owner or occupant, as the case may be, shall contact the
department of streets and sanitation and schedule a special pickup and shall place bulk
rubbish out for special pickup at the curb at the time and in the manner required by this
article or as the director of streets and sanitation shall designate or approve. The city
shall not be required to enter upon private property to collect rubbish. No bulk rubbish
will be collected by the city unless each bulk item has a city bulk sticker or refuse
container stickers attached.

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SEC. 67.09 Yard waste.

Yard waste shall not be placed in any container or in bulk for collection by the city
unless placed at a time and manner, and of such materials as designated by the
director of streets and sanitation.

Sec. 67.10. Location of containers.

The city or its duly authorized agency shall collect all garbage and rubbish on scheduled
collection days; provided, that such garbage and rubbish is placed on the lot, and as
prescribed by the sanitation department and prepared in accordance with § 67.08.

Except on designated collection days all garbage receptacles and rubbish shall be
stored in any inconspicuous location on land of the owner. (Code 1960. § 10-6.)

Sec. 67.11. Preparation of garbage, limbs, boxes, etc., for collection.

Garbage shall be carefully drained and securely wrapped before depositing in
receptacles. Trees, limbs, boxes and other articles of unwieldy size or shape will only be
acceptable for collection if they are broken or cut down to a size suitable for handling
and transportation. (Code 1960, § 10-5)

Sec. 67.12. Private collectors.

Every person desiring to engage in the business of garbage and rubbish collection and
disposal shall make application to the city clerk-treasurer by setting forth the name of
such person, the residence thereof, or the address or place of business together with
the description of the vehicles to be used in the collection of such garbage or rubbish
and the place and method of disposal to be practiced. Before issuing a permit, the city
clerk-treasurer shall require the applicant to submit a written approval of the issuance
thereof, executed by the sanitation department, which approval shall state that the
vehicles to be used for such purpose have satisfactorily met the requirements of the
sanitation department. (Code 1960 § 10-7.)

Sec. 67.13. Responsibility for collection of garbage, refuse and industrial wastes.
(a) Collection of garbage, rubbish and industrial wastes will be a service provided by the
city to assist the occupants of single-housing and occupants of town houses and
multiple housing dwellings not to exceed four units to comply with this chapter.

(b) It shall be the responsibility of the occupants or owners of shopping centers, stores,
commercial businesses, industry and town houses and apartments in excess of four
units to provide for the removal of all garbage, rubbish and industrial wastes so as to
comply with this chapter. (Ord. No. 6-70, § 2.)

ARTICLE II. SERVICES CHARGES

Sec. 67.20. Imposition--city-compatible dumpster.

There is imposed on each owner, tenant or occupant of single housing and occupants
of town houses and multiple housing dwellings not to exceed four units, a service
charge for the collection and removal of refuse and garbage. The service charge shall
be such as is from time to time adjusted by resolution of the city council through
adoption of the annual city budget.
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(a) For a single-family dwelling, ten dollars per month;

(1) This basic monthly charge shall provide 52 single use adhesive tags (stickers).
usable for weekly pick-up of one 32 gal container (bag ) (Ord.# 67-06). Additional
stickers may be purchased from the city or its agents.

(2) The stickers would be paid for in advance mailed monthly with the wastewater bill to
customers with current accounts. The bill sent in the first month in each quarter would
have 5 stickers, while the other two months in each quarter would have 4 stickers.

(3) Each 32 gal container (up to 36 gallons) or bag (up to 36 gallons) requires one
sticker. Larger bins require two tags to be picked up. Tagged bags larger 36 gallons
would be prohibited.

(4) There shall be no limit to the number of containers placed for curbside collection at
single-family dwellings provided each has affixed a city refuse sticker ($3.00).

(5) Bulk pickups require 4 stickers per item.

(6)The sanitation department shall collect no additional items of refuse without the
approved refuse container sticker affixed thereto.

(b) For a townhouse or multiple housing dwelling not exceeding four units, ten dollars
per month per dwelling unit;

(1) This basic monthly charge shall provide 52 single use adhesive tags (stickers)
usable for weekly pick-up of one 32 gal container (bag ) (Ord.# 67-06). Additional
stickers may be purchased from the city or its agents.

(2) The stickers would be paid for in advance mailed monthly with the wastewater bill to
customers with current accounts. The bill sent in the first month in each quarter would
have 5 stickers, while the other two months in each quarter would have 4 stickers.

(3) Each container (up to 64gallons) or bag (up to 36 gallons) requires one sticker.
Larger bins require two tags to be picked up. Tagged bags larger 36 gallons are
prohibited.

(4) There shall be no limit to the number of containers placed for curbside collection at
single-family dwellings provided each has affixed a city refuse sticker ($3.00).

(5) Bulk pickups require 4 stickers per item.

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6) The sanitation department shall collect no items of refuse without the approved
refuse container sticker affixed thereto.

(c) All owners of licensed rental property utilizing city collection service shall purchase,
and shall have available for use for each unit, one 96-gallon wheeled city cart for every
three licensed occupants or fraction thereof. The director streets and sanitation may
reduce the size or number of containers required where the owner demonstrates that
the property generates less than 65 gallons of refuse per week for every three
occupants or fraction thereof.

(d) For any dwelling unit within subsections (a) or (b) of this section where the head of
the household who permanently and totally disabled or is sixty-five years of age or
older, has submitted to the clerk-treasurer proof of having had less than seventeen
thousand dollars in household income during the last calendar year, the charge shall be
five dollars for that unit. Household income shall be deemed to include all taxable
income as well as Social Security benefits, railroad retirement benefits, veteran’s
pensions, and any other nontaxable income of any member of the household. The
household income requirement shall be indexed each December for the following
calendar year by adjusting the previous year's rate by the change in the Customer Price
Index-Urban Wage Earner;

(e) The owner of any multiple housing dwelling not exceeding four units or a religious
institution may elect to use a city-compatible dumpster in lieu of individual trash and
garbage containers for a fee of forty dollars per month for each dumpster. The initial
cost of the dumpster as well as any future maintenance shall be the responsibility of the
property owner. In addition, any owner adjacent to an alley receiving city service must
provide a concrete pad, three feet by five feet and four inches thick for the dumpster. All
pads shall be sloped toward the alley for drainage and ease of emptying the dumpster.
No dumpster shall be allowed in the front yard or street right-of-way except on days of
service. (Ord. No. 31-82, § 1; Ord. No. 8-83, § 1; Ord. No. 28-92, §21-11; Ord. No. 42-
02 § 1.)

Sec. 67-21. Penalty; enforcement.

(a )Except as otherwise specified a violation of any provision of this section of the West
Lafayette City Code now existing or as duly amended in the future shall be subject to
enforcement by and through the Ordinance Violations Bureau with the following
schedule of fines:

First Offense: Fifty Dollars ($50)

Second Offense: One Hundred Dollars: ($100)
Third and Any Subsequent Offense: Two Hundred Fifty Dollars ($250)

(b) Each day on which a violation occurs shall constitute a separate violation.

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(c) If court proceedings are instituted to enforce any violation hereunder, the City shall
be entitled to reasonable costs of litigation including a reasonable attorney fee.
(d) Any enforcement pursuant to the Ordinance Violations Bureau shall be an
alternative to, and not a substitute for, enforcement by other means and methods
previously in effect pursuant to the West Lafayette City Code and Indiana State
Statutes. (Ord. No. 15-88, § 1; Ord. No. 15-89, § 8 (part); Ord. No. 27-89. § 2 (part);
Ord. No. 27-90, § 8 (part); Ord. No. 9-91, § 7 (part); Ord. No. 17-91, § 9 (part). Ord. No.
36-92, §7.; Ord. No. 2-94 § 3; Ord. No. 39-96 § 3; Ord. No. 4-98 § 2.; Ord. No. 28-99 §
3; Ord. No. 20-02 § 3; Ord. No. 26-08)

Sec. 67.22. Remittance to clerk-treasurer-recordation.

Service charges, as specified in § 67.21, shall be prepared and billed by the city along
with the bills for services rendered by the sewage treatment works and shall be payable
at the same times as the sewage bills with all such sanitation fees collected being
remitted to the clerk-treasurer for deposit. The clerk-treasurer, upon receiving the funds
set out herein, shall record the receipts and disbursements there from in a manner to
validate that the receipts are sufficient to cover the expenditures of the sanitation
department. Such records will be maintained and presented to the council on a monthly
and annual basis. (Ord. No. 31-82, § 2.)

Sec. 67.23. Biweekly collection-restrictions.

Payment of service charges as specified in § 67.06 shall entitle the recipient of said
service to two collections of refuse and garbage per week, except upon declared
holidays. Recipient shall also receive, upon request, one weekly special pick-up. Such
biweekly service shall be restricted in the following manner:

(a) Containers shall be in accordance with § 67.06.

(b) Bags, full containers, individual articles or bundles of brush shall weigh no more than
forty pounds.

(c) No article or item shall be longer than four feet in length or two inches in diameter.

(d) The following items shall not be included as acceptable for pickup:

(1) Any liquids;

(2) Hot ashes;

(3) Any broken concrete, asphalt, bricks, blocks,

gravel, sod, or earth;

(4) Brush, tree trimmings and construction materials from a private contractor.

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Special pickup service on a weekly request basis, over and above the normal biweekly
sanitation service, shall include only such items as household and yard furnishings,
construction materials from work performed by the resident at that address, and auto
parts weighing less than forty pounds. (Ord. No. 31-82, § 3.)

Sec. 67.23. Owner liability.

The charges for refuse and garbage collection shall be billed to the person being billed
for sewage treatment. If a tenant is billed, the owner shall in no way be relieved of
liability in the event the tenant does not make payment. (Ord. No. 31-82, § 4.)

Sec. 67.24. Collection of delinquent charges.

Charges for refuse and garbage collection shall be due and payable on or before the
due dates shown on the bills and in keeping with the standard practices of the billing
department for sewage treatment. Any service charge not paid by the due date shall be
considered delinquent and shall be collectible, with any applied penalty, as hereinafter
set forth:

(a) Collection Through Tax Duplicate. As provided by the statutes of the state,
delinquent service charges may be made a lien against the property served through
certification to the auditor and to the recorder of the county. In such case, the delinquent
service charges, together with the mandatory penalty of ten percent, shall be placed on
the tax duplicate and be collected in the same manner as regular taxes and
assessments are collected.

(b) Collection Through Court Actions. In addition to the foregoing remedies, the city
shall have the right to bring a civil action to recover any delinquent charges together
with a penalty of ten percent and a reasonable attorney's fee. It shall also have the right,
as provided by the statutes of the state, to foreclose any lien established under the
provisions of subsection (a) of this section with recovery of the charge, a penalty of ten
percent and a reasonable attorney's fee. (Ord. No. 31-82, § 5.)

Sec. 67.25. Review by common council.

The fee shall be subject to annual review by the common council with financial and
statistical information being supplied to the common council by July 1 of each year
thereafter. (Ord. No. 31-82, § 7.)

Sec. 67.25. Water service turned off-partial fee.

Service charges for refuse and garbage collection shall not be billed when the water
service has been turned off by the West Lafayette Water Company. A partial monthly
sanitation service fee shall be computed as follows:

Time of Water Usage Trash Fee

1-15 days 1/2 the monthly rate

16-31 days total monthly rate

(Ord. No. 31-82, § 8.)

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INTRODUCED ON FIRST READING ON THE ______ DAY OF __________________,
2008.
DULY ORDAINED, PASSED, AND ADOPTED BY THE COMMON COUNCIL OF THE
CITY OF WEST LAFAYETTE, INDIANA, ON THE ______ DAY OF
_____________________, 2008, HAVING BEEN PASSED BY A VOTE OF ____ IN
FAVOR
AND ____ OPPOSED, THE ROLL CALL VOTE BEING:
Presiding Officer
Attest:
_________________________________
Judith C. Rhodes, Clerk-Treasurer
PRESENTED BY ME TO THE MAYOR OF THE CITY OF WEST LAFAYETTE,
INDIANA
ON THE ______ DAY OF _____________________, 2008, AT THE HOUR OF
___________.
Judith C. Rhodes, Clerk-Treasurer
THIS ORDINANCE APPROVED AND SIGNED BY ME ON THE ______ DAY OF
_______________________, 2008, AT THE HOUR OF ______________.
John R. Dennis, Mayor
Attest:
_________________________________
Judith C. Rhodes, Clerk-Treasurer
AYE NAY
Bunder
Burch
Dietrich
Hunt
Keen
Roales
Thomas

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