You are on page 1of 4
 
CHAPTER 67.Refuse, Garbage and Weeds.
1
Article I. General Provisions.
§ 67.01.Definitions.§ 67.02.Removal of weeds.§ 67.03.Depositing, etc., on propertyprohibited.§ 67.04.Burning leaves, etc., in streets.§ 67.05.Accumulation of garbage andrubbish prohibited.§ 67.06.Container specifications.§ 67.07.Location of containers.§ 67.08.Preparation of garbage, limbs,boxes, etc., for collection.§ 67.09.Private collectors.§ 67.10.Responsibility for collection ogarbage, refuse and industrialwastes.
Article II. Service Charges.
§ 67.20.Imposition--city-compatibledumpster.§ 67.21.Remittance to clerk-treasurer-recordation.§ 67.22.Biweekly collection--restrictions.§ 67.23.Owner liability.§ 67.24.Collection of delinquent charges.§ 67.25.Review by common council.§ 67.26.Water service turned off--partialfee.
1
For state law as to authority of cityrelative to refuse, garbage, etc., see IndianaCode § 36-9-6-19 and Indiana Code chapter 36-9-30. As to fire protection generally, see ch. 63of this code. As to food and food establishmentsgenerally, see ch. 82. As to health andsanitation generally, see ch. 64. As toprohibition against depositing garbage in parks,see § 24.134. As to sanitary disposal of garbage, etc., see ch. 30.
Article I. General Provisions.Sec. 67.01. Definitions.
For the purposes of this chapter, the followingwords and phrases shall have the meaningsrespectively ascribed to them by this section:
Garbage.
Rejected food wastes, and includesevery waste accumulation of animal, fruit orvegetable matter, used or intended for food, orthat attends the preparation, use, cooking,dealing in or storing of meat, fish, fowl, fruit orvegetables.
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 policeto serve a written or printed notice on the owneror occupant, lessee or agent of any premiseswithin the city whereon are allowed, suffered orpermitted to grow or mature any poisonous ornoxious or other weed, to cut down, remove orotherwise destroy such weeds within ten daysfrom the date of such notification: provided, thatin case such owner is a nonresident of the city,and there are no occupants of the premises andthere are no agents or lessees in the city, thenotice shall be posted in a conspicuous place onthe premises and it shall be the duty of suchowner. occupant. lessee or agent to cut down,remove or otherwise destroy such weeds withinten days from the date of service or posting of such notice.If any such owner, occupant, lessee or agentshould fail to cut down, remove or otherwisedestroy such weeds within the time as notified,the street commissioner shall cut down, removeor destroy the weeds at the expense of the cityand the city shall thereupon hold in lien uponthe real estate, upon which such weeds arelocated for the amount of the cost and expensesthereof with interest of six percent per annum,which shall be connected in the mannerprovided for the collection of assessments forstreet improvements. (Code 1960, §§ 27-1, 27-3.)
Sec. 67.03. Depositing, etc., on propertyprohibited.
It shall be unlawful to throw, place, cause to beplaced or permit to remain on any property, anyitems that may be called rubbish, trash ordebris, unless such rubbish, trash or debris isplaced and caused to remain in suitablecontainers intended for the storage andcollection of such rubbish, trash or debris.
Rubbish, trash and debris
as used in this section,is defined as any item that may be unsightly topersons and is further defined, but notnecessarily limited to, waste paper, papercontainers such as paper cups. soda straws,paper napkins, paper plates, cleansing tissues,plastic containers of any description, peelings orrinds of any description, or any edible food ornon-edible such as garbage. (Ord. No. 15-68, §§1, 2.)67-1December 1, 1993
 
Sec. 67.04. Burning leaves etc. in streets.
2
It shall be unlawful for any person to burnleaves, refuse or any other similar substancewithin the city, except by the express writtenapproval of the chief of the fire department.(Code 1960, § 15-18; Ord. No. 32-86)
2
As to fire protection generally, see ch. 63of this code.
Sec. 67.05. Accumulation of garbage andrubbish prohibited.
 The owner, occupant or lessee of any premisesin the city shall cause to be removed from thepremises all garbage and rubbish, and shallkeep the premises at all times free and clear of any accumulation of garbage and rubbish.(Code 1960, § 10-2.)
Sec. 67.06. Container specifications.
Suitable containers shall be of a galvanizedmetal or other suitable material
s
that isleak-proof,
and water tight so that it meetsNDPES Stormwater II federal regulations,containers must have
having two handles or abale and close-fitting covers, and shall bewatertight and shall have a capacity of not lessthan five gallons nor more than
thirty
twentygallons
or a 40 pound weight lim
it includingcontainer and content. A city specifiedcontainers that can be mechanically dumpedmay also be used. and shall be kept in a sanitarycondition. (Code 1960, § 10-4)
Sec. 67.07. Location of containers.
 The city or its duly authorized agency shallcollect all garbage and rubbish on scheduledcollection days; provided, that such garbage andrubbish is placed on the lot, and as prescribedby the sanitation department and prepared inaccordance with § 67.08.Except on designated collection days all garbagereceptacles and rubbish shall be stored in anyinconspicuous location on land of the owner.(Code 1960. § 10-6.)
Sec. 67.08. Preparation of garbage, limbs,boxes, etc., for collection.
Garbage shall be carefully drained and securelywrapped before depositing in receptacles. Trees,limbs, boxes and other articles of unwieldy sizeor shape will only be acceptable for collection if they are broken or cut down to a size suitable forhandling
by one man
and
transporting bythe Sanitation Truck 
transportation. (Code1960, § 10-5)
Sec. 67.09. Private collectors.
Every person desiring to engage in the businessof garbage and rubbish collection and disposalshall make application to the city clerk-treasurerby setting forth the name of such person, theresidence thereof, or the address or place of business together with the description of thevehicles to be used in the collection of suchgarbage or rubbish and the place and method of disposal to be practiced. Before issuing apermit, the city clerk-treasurer shall require theapplicant to submit a written approval of theissuance thereof, executed by the sanitationdepartment, which approval shall state that thevehicles to be used for such purpose havesatisfactorily met the requirements of thesanitation department. (Code 1960 § 10-7.)
Sec. 67.10. Responsibility for collection ogarbage, refuse and industrial wastes.
(a)Collection of garbage, rubbish andindustrial wastes will be a service provided bythe city to assist the occupants of single-housingand occupants of town houses and multiplehousing dwellings not to exceed four units tocomply with this chapter.(b)It shall be the responsibility of theoccupants or owners of shopping centers, stores,commercial businesses, industry and townhouses and apartments in excess of four units toprovide for the removal of all garbage, rubbishand industrial wastes so as to comply with thischapter. (Ord. No. 6-70, § 2.)
Article II. Service Charges.Sec. 67.20. Imposition--city-compatibledumpster.
 There is imposed on each owner, tenant oroccupant of single housing and occupants of town houses and multiple housing dwellings notto exceed four units, a service charge for thecollection and removal of refuse and garbageaccording to the following schedule:(a) For a single-family dwelling,
eleven
ninedollars per month;(b) For a townhouse or multiple housingdwelling not exceeding four units,
eleven
ninedollars per month per dwelling unit;(c) For any dwelling unit within subsections(a) or (b) of this section where the head of thehousehold who permanently and totally disabledor is sixty-five years of age or older, hassubmitted to the clerk-treasurer proof of havinghad less than ________________________seventeen67-2April 9, 2003
 
thousand dollars in household income during thelast calendar year, the charge shall be ____________________four dollars and fifty centsper month for that unit. Household income shallbe deemed to include all taxable income as wellas Social Security benefits, railroad retirementbenefits, veterans pensions, and any othernontaxable income of any member of thehousehold. The household income requirementshall be indexed ________________________________each Decemberfor the following calendar year by adjusting theprevious year's rate by the change in theCustomer Price Index-Urban Wage Earner;(d) The owner of any multiple housingdwelling not exceeding four units or a religiousinstitution may elect to use a city-compatibledumpster in lieu of individual trash and garbagecontainers for a fee of 
forty-four
thirty-sixdollars per month for each dumpster. The initialcost of the dumpster as well as any futuremaintenance shall be the responsibility of theproperty owner. In addition, any owner adjacentto an alley receiving city service must provide aconcrete pad, three feet by five feet and fourinches thick for the dumpster. All pads shall besloped toward the alley for drainage and ease of emptying the dumpster. No dumpster shall beallowed in the front yard or street right-of-wayexcept 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. Remittance to clerk-treasurer-recordation.
Service charges, as specified in § 67.21, shall beprepared and billed by the city along with thebills for services rendered by the sewagetreatment works and shall be payable at thesame times as the sewage bills with all suchsanitation fees collected being remitted to theclerk-treasurer for deposit
to the SanitationFund.
The clerk-treasurer, upon receiving thefunds set out herein, shall record the receiptsand disbursements therefrom in a manner tovalidate that the receipts are sufficient to coverthe expenditures of the sanitation department.Such records will be maintained and presentedto the council on a monthly and annual basis.(Ord. No. 31-82, § 2.)
Sec. 67.22. Biweekly collection-restrictions.
Payment of service charges as specified in §67.06 shall entitle the recipient of said service to
1
two
garbage/refuse
collections of refuse andgarbage per week,
1 yard waste pick up perweek and biweekly recycling pick up permonth
except
on
upon declared holidays.Recipient shall also receive, upon request,
bulk recyling metal pick up as needed
.one weeklyspecial pick-up. Such biweekly service
s
shall berestricted in the following manner:(a)Containers shall be in accordance with §67.06.(b)Bags, full containers, individual articles orbundles of brush shall weigh no more than fortypounds
unless in a toter that can bemechanically lifted
.(c)No article or item shall be longer thanfour feet in length or two inches in diameter.(d)The following items shall not be includedas acceptable for pickup:(1)Any liquids;(2)Hot ashes;(3)Any broken concrete, asphalt,bricks, blocks,gravel, sod, or earth
enmaterials
;
(4)
Brush, tree trimmings andconstruction materials from aprivate contractor
;(5)Any item that has or hadFreon in it (refrigerators,freezers, de-humidifiers, airconditioners);(6)Tires.
Service on a weekly request basis shall includeonly such items as recycled metal products.Special pickup service on a weekly requestbasis, over and above the normal biweeklysanitation service, shall include only such itemsas household and yard furnishings, constructionmaterials from work performed by the residentat that address, and auto parts weighing lessthan forty pounds. (Ord. No. 31-82, § 3.)
Sec. 67.23. Owner liability.
 The charges for refuse and garbage collectionshall be billed to the person being billed forsewage treatment. If a tenant is billed, theowner shall in no way be relieved of liability inthe event payment is not made by the tenant.(Ord. No. 31-82, § 4.)
Sec. 67.24. Collection of delinquentcharges.
67-3April 9, 2003

Reward Your Curiosity

Everything you want to read.
Anytime. Anywhere. Any device.
No Commitment. Cancel anytime.
576648e32a3d8b82ca71961b7a986505