CHAPTER 52
GARBAGE
Section
Garbage Disposal
52.02 Burying or burning garbage
52.03 Right to garbage removal; charges
52.05 Authority of Board of Public Works and Safety
52.06 City contract with licensee
GARBAGE DISPOSAL
52.01 USE OF RECEPTACLES.
It shall be unlawful for any person to place any garbage or refuse on any public or private property unless in conformity with the following regulations:
(A) The weekly amount of trash to be collected from each residential dwelling unit shall be limited to the amount of refuse a 96 gallon portable trash cart can hold with the lid fully closed. All garbage and refuse (except for large items) shall be placed in a closed, standard garbage bag and then placed within the city provided tote cart with the lid fully closed.
(1) The owner or occupant of a residential unit may exceed the 96 gallon limit only by contracting for 2 or more accounts with the city’s contractor, in which case a corresponding number of tote carts will be provided. The contractor will directly bill the occupant for the excess account(s).
(B) Each residential unit that pays for city contracted garbage collection is entitled to place a large item of refuse for collection 1 time each calendar month. Large items include, but are not limited to: stoves, bound carpet bundles (no more than 50 pounds each, 3 bundles equal 1 large item), hot water heaters, furniture, washers, dryers and other large appliances (but not including refrigerant goods requiring special handling for CFCs or HCFC.) For large item collection the resident must request the city contractor to make the pick up.
(C) The following items shall not be included for collection: any garbage not drained of free liquid or wrapped in several thicknesses of paper; hot ashes; any uncontained liquids or oils; tree limbs; construction debris, asphalt, concrete, building materials or earth resulting from major building construction or demolition; any hazardous wastes or flammable/volatile liquids; human or animal excretions or carcasses; any items not contained and lying outside of city provided tote cart.
(D) A closed, tight fitting lid shall be kept on each city provided tote cart at all times, except when being filled or emptied.
(E) All commercial units and customers and apartment complexes shall maintain sanitary refuse containers and shall deposit all refuse within a closed bag and within a garbage container with a closed lid or a dumpster with a closed lid.
(F) Bins located by the city or its contractors for collection of recycled materials, and recycling bins placed by residents on the curb for pick up, shall be deemed to be the property of the city. In addition to any liability imposed by any criminal statutes of the state, anyone, other than a city employee or an employee of a firm contracting with the city to provide service, attempting to gain entry to the bins, removing material from the bins, or in any way damaging the bins shall have committed an infraction and shall be penalized as provided in § 52.99.
(1994 Code, § 52.01) (Ord. 784, passed - -; Am. Ord. 90-1487, passed 2-26-1990; Am. Ord. 2009-1983, passed 5-11-2009; Am. Ord. 2010-2006, passed 6-28-2010) Penalty, see § 52.99
Cross-reference:
Refuse regulations, see Chapter 97
Statutory reference:
Authority to regulate, see I.C. 36-9-2-16
52.02 BURYING OR BURNING GARBAGE.
It shall be unlawful for any person to bury or burn any garbage within the city.
(1994 Code, § 52.02) (Ord. 784, passed - -; Am. Ord. 2010-2006, passed 6-28-2010) Penalty, see § 52.99
52.03 RIGHT TO GARBAGE REMOVAL; CHARGES.
(A) Any resident, property owner or tenant within the city shall be entitled to garbage removal service and shall receive the same upon payment of the following fees. The payment for garbage collection shall be paid monthly and the collector or city contractor shall not be required to give service to any user who has not paid for the service.
(B) The following fees shall be established for refuse collection, which fees are reasonably related to the costs of operating said collection system:
|
|
Per Month |
|
Residential units |
$16.57 per unit |
|
Apartment units |
$16.57 per unit |
|
Commercial |
$36.49 per unit |
(C) The owners of apartment complexes, mobile home parks and commercial buildings with apartments with 5 or more residential units shall be required to contract for private refuse removal service.
(D) For residential users only, the monthly refuse collection fee shall be assessed with all water bills each month unless the water service is terminated, temporarily or permanently. All rates and charges may be billed to the tenant or tenants occupying the properties served, unless otherwise requested in writing by the owner, but such billing shall in no way relieve the owner from the liability in the event payment is not made as required under the procedures set forth under § 51.43.
(Ord. 2005-1886, passed 7-25-2005; Am. Ord. 2009-1990, passed 7-27-2009; Am. Ord. 2010-2006, passed 6-28-2010; Am. Ord. 2018-2138, passed 7-23-2018; Am. Ord. 2018-2144, passed 12-26-2018; Am. Ord. 2020-2176, passed 11-9-2020)
52.04 RECYCLING PROGRAM.
(A) The recycling program shall be offered to residents using the city’s garbage collection service. Commercial entities shall contract with a private contractor for recycling services.
(B) Recyclable materials include:
(1) Newspapers, magazines, catalogs, inserts, office and copy paper, junk mail, telephone books, paper bags, computer paper and other papers (but not contaminated paper, soiled napkins, carbon paper, or envelopes with plastic windows);
(2) Green, brown, and clear glass (but not Pyrex, light bulbs, plate glass, drinking glasses, ceramics, auto glass, tempered glass, or mirrors);
(3) Aluminum, steel, tin and bi-metal cans (but not cans that have contained pesticides, herbicides or paint, aluminum foil, disposable aluminum plates or pie tins);
(4) All #1 and #2 plastics (but not #1 and #2 plastics that have contained motor oil, antifreeze, pesticides or herbicides, plastic lids, polystyrene, plastic wrap or plastic bags);
(5) Corrugated cardboard and paperboard boxes such as cereal boxes, shoe boxes, or beverage cartons (but not pizza boxes or other contaminated boxes).
(C) From the time of placement of recyclables at the curb for collection by the city in accordance with any program of recycling implemented by the city, all items shall be and become the property of the city or its authorized agent. It shall be a violation of this division for any person unauthorized by the city to tamper with, collect, obtain, possess, pick up or cause to be collected, obtained, possessed, or picked up any such recyclable items. The tampering with 1 or more recycling bins shall constitute a separate and distinct violation of this division. Each violation of this division shall be punished by a fine of not less than $50 or more than $250, as deemed appropriate by the Marshall Superior Court No. 2.
(Ord. 2010-2006, passed 6-28-2010)
52.05 AUTHORITY OF BOARD OF PUBLIC WORKS AND SAFETY.
The Board of Public Works and Safety shall at all times exercise supervision over the collection of garbage and refuse through the Street and Sanitation Superintendent or such other person as it may appoint. The Board of Public Works and Safety is empowered to enter into contracts and agreements with a private garbage collector and make any necessary rules having due regard for the public health, appearance and sanitary conditions of the city and the surrounding territory.
(1994 Code, § 52.04) (Ord. 784, passed - -; Am. Ord. 2010-2006, passed 6-28-2010)
52.06 CITY CONTRACT WITH LICENSEE.
(A) Authority. The Board of Public Works and Safety may draft a contract with a private collector of refuse, which contract upon its approval shall be binding upon the city and the contractor as though it was a part of this Chapter 52.
(B) Scope. Only 1 license or contract shall be issued by the Board of Public Works and Safety covering any given period of time. Such contract or license shall apply only to the collection of refuse, garbage and waste from residential customers. A residential customer shall be one who maintains living quarters either in the residentially zoned areas of the city or in the business section where such resident occupies a flat or apartment dwelling unit. Owners of apartment complexes, mobile home parks and commercial buildings with apartments that have 5 or more units are required to engage a licensed garbage or refuse collector.
(1994 Code, § 52.07) (Ord. 784, passed - -; Am. Ord. 2010-2006, passed 6-28-2010)
52.99 PENALTY.
(A) Whoever violates any provision of this chapter for which no penalty is otherwise provided shall be fined not more than $2,500. A separate offense shall be deemed committed upon each day during which a violation occurs or continues.
(B) Whoever violates the provisions of § 52.01(F) shall be fined not more than $300 for each such violation.
(1994 Code, § 52.99) (Ord. 90-1487, passed 2-26-1990)