HomeMy Public PortalAbout2336-1968 - Amendend - Garbage & Rubbish Storage - StrickenAMENDED ORDINANCE NO. 233b4126e
AN ORDINANCE FOR THE REGULATION OF GARBAGE AND RUBBISH STORAGE, COLLECTION
AND DISPOSAL; DEFINING TERMS; PROHIBITING COLLECTION, TRANSPORTATION OR
DISPOSAL OF GARBAGE OR RUBBISH IN ]'HE CITY LIMITS OF RICHMOND, INDIANAs
EXCEPT BY THOSE AUTHORIZED; DESIGNATING THE ENFORCING AGENCY; PROVIDING
PENALTIES AND REPEALING ALL OTHER ORDINANCES AND PARTS OF ORDINANCES IN
CONFLICT HEREWITH:
GARBAGE AND RUBBISH CONTROL ORDINANCE
TABLE OF CONTENTS
PREAPMLE a - - - - - - - - - .- - - - - - - - - - - - - - - - 1
ARTICLE 1 - GENERAL PROVISIONS - - - - - - - , - _ _ - - - _ - - - - 1
Sc-ction1.1-ShortTitle------V9------= 1
Section 1.2-Purpose - -- - - - ------------1
S-_x,tion 1.3 - D*finitlon of Terms _ - - I
ARTICLE 2- ADMINISTRATION ---------- - - - - - - - - - - - - - 2
So._ctlorj 2.1 - Administrative Organization and Enforcement- - 2
ARTICLE 3 - PRIVATE OPERATORS PERMIT _ - - ,_ - - - - - - - -- - 3
Section 3.1 - Application and Certificate of Approval - - - 3
Section 3.2 - Insurance Regulred - - - - - - - - - - - - 4
S,P,ction3.3mpc-rmit Fez- - -- -- - - - ---------4
Section 3.4-Exemption - ---------------4
ARTICLE 4 - STANDARDS AND PRACTICES - _ - - - - _ - - - - - - - - - 4
Sectio-n 4.1 - Pre -collection Storage and Handling of Refuse- 4
Section 4.2 - Collection Practices - - - - - A - _ _ - - - - 6
ARTICLE 5 - LIMITATIONS AND PROHIBITIONS - - - - - - - - - - - - - - 7
Section 5.1 - Prohibiting the Accumulation of Gargage and
Rubbish - - - - - - - - - - - - - - - - - 7
Section 5.2 - Prohibiting the Unsanitary Disposal of
Garbage and Rubbish-------------7
Section 5.3 - Disposal of Garbage and Rubbish - - - - - - - 7
ARTICLE 6-PENALTIES FORVIOLATIONS - -- - -------------m8
Section6.1 -Penalties------------------8
ARTICLE 7 - UNCONSTITUTIONALITY CLAUSE - - - - - - - - - - - - - - - - - 8
Section 7.1 - Unconstitutionality Clause - - - - - - - - - - 8
ARTICLE8-REPEAL CLAUSE - - - - - - - - - ------- - - - - -- 8
Section 8.1- Repeal Clause ----------------8
ARTICLE 9-ORDINANCE IN FORCE ------_,--------------8
Section9.1- Ordinance inForce------------b-8
ORDINANCE N0. 2336--1968
AN ORDINANCE FOR THE REGULATION OF GARBAGE AND RUBBISH STORAGE, COLLECTION
AND DISPOSAL; DEFINING TERMS; PROHIBITING COLLECTION, TRANSPORTATION OR
DISPOSAL OF GARBAGE OR RUBBISH IN THE CITY LIMITS OF RICHMOND, INDIANA,
EXCEPT BY THOSE AUTHORIZED; DESIGNATING THE ENFORCING AGENCY; PROVIDING
PENALTIES AND REPEALING ALL OTHER ORDINANCES AND PARTS OF ORDINANCES IN
CONFLICT HEREWITH:
WHEREAS, there has been are increase in urbanization and industrial and com-
mercial growth which has resulted in the increasa of solid wastes within the
corporate limits of the City of Richmond, Indiana, and
WHEREAS, the effect of improper storage and disposal of solid waste on the
public health, welfare, and comfort requires the adoption of a comprehensive
and integrated plan of solid waste: control, and
WHEREAS, in conjuntion with the solid waste control program, it is desirable
to adopt appropriate r,;�gul.atlons to prevent solid waste problems caused by
improper storage, handling, and disposal which is &trimental to the health,
welfare, or comfort of the residents of the City of Richmond, Indiana,
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF RICHW)ND,
INDIANA$ AS FOLLOWS:
ARTICLE z 1
GENERAL PROVISIONS
Section 1.1 Short Title. This ordinance shall be known and cited as the
"Garbage and Rubbish Control Ordinance".
Section 1.2 Purpose. This ordinance: is designed to control solid waste
material in the City of Richmond, Indiana, providing for the
establishment and enforcement of rules and regulations, pro-
viding for permits for private operators, establishing limita-
tions and prohibiting certain acts causing solid waste disposal
problems, and providing for fines for violation of the provisions
of this ordinance.
Section 1.3 Definition of Terms. The following words and phrases when used
in this ordinance shall for the purpose of this ordinance have
the meanings respectively ascribed to them in this article,
unless a different meaning is clearly indicated.
A. Board. The term "Board" shall mean the Board of Sanitary Com-
missioners of the City of Richmond, Indiana, or their authorized
representatives.
B. Bulky Item. The term "Bulky Item" shall mean any refuse which
because of its size, shape or might cannot be handled by
normal disposal methods.
(2)
C. Construction Refuse. The torm "Construction RtE�fuse" shall mean
all refuse resulting from the Construction, alteration or repair
of any building, structure, roadway, sidewalk, etc.
D. Garbage. The term "Garbage" shall mean those putrescible wastes
resulting from the growing, handling, storage, preparation,
cooking, and consumption of food.
E. Health Officer. The term "Health Officer" shall mean the Health
Officer having Jurisdittion in Wayne County, State of Indiana, or
his authorized representative.
F. Industrial Refuse. The term "Industrial Refuse" shall mean the,
solid refuse resulting from any manufacturing process.
G. Open Burning. The term "Open Burning01 shall mean any fine from
which the products of combustion are emitted directly into the
outdoor atmosphere without passing through a stack.
H. Person. The term "Person" shall mean an individual, partnership,
association, syndicate, company, firm, trust, corporation,
government corporation, department, bureau, agency, or any
entity recognized by law.
I. Refuse. The term "Refuse" shall mean all putrescible and non-
putrescible solid wastes, with the exception of body wastes,
and shall include garbage, rubbish, ashes, street sweepings,
dead animals, and industrial and construction wastes.
J. Rubbish. The term "Rubbish" shall mean all nonputrescible
wastes including all combustible and noncombustible substances.
Combustible rubbish shall be held to mean relatively dry rubbish
comprised chiefly of woods paper, straw, cardboard, excelsior,
sweepings and all other similar articles of a combustible nature.
Incombustible rubbish shall be held to mean rubbish incapable of
Incineration such as glass, cans, brick, stone, potterware,
metallicware, ashes and any other material that will not burn.
K. Private Operator. The term "Private Operator" shall mean any
person who shall go from place to place within the City of
Richmond, Indiana, on any vehicle, mechanical or otherwise,
for the purpose of collecting refuse as herein defined, or any
person who shall engage in the business of collecting and/or
disposing of refuse.
ARTICLE 2
Section 2.1 Administrative Organization and Enforcement.
A. This ordinance shall be in effect territorially throughout
the City of Richmond, Indiana.
(3)
B. The administration and enforcement of this ordinance shall be
conducted by the Board of Sanitary Commissioners, headed by the
Superintendent of the City of Richmond Sanitary District.
C. Said Board is hereby authorized and empowered to collect and
dispose of all garbage and rubbish within said city.
D. No person other than the Board shall collect, transport, or
dispose of garbagt> or rubbish within the city limits of Richmond,
Indiana, who does not possess a private operator permit issued
by the Board.
(1) This shall not prohibit arry person from transporting
their own refuse to an approved disposal site in a
sanitary manner.
E. It shall be unlawful for any person other than the Board or a
private operator approved by the Board as herein provided, to
remove, displace, uncover or otherwise disturb any refuse con-
tainer or the contents thereof and placed on location, or to
go from place to place for the purpose of collecting refuse,
or to act or serve as a private operator as herein defined,
without first obtaining a permit therefore as herein provided.
F. This ordinance shall not prohibit collectors of refuse from
outside the City of Richmond, Indiana, from hauling such refuse
over city streets provided such collectors comply with the pro-
visions of this ordinance and with any other governing law or
ordinance.
ARTICLE 3
PRIVATE OPERATORS PERMIT
Section 3.1 Application and Certificate of Approval
A. Any person desiring a private operator permit shall make
written application therefore to the Board of Sanitary Com-
missioners of the City of Richmond, Indiana, on forms to be
provided by said Board.
B. Said Board shall then cause to be made an inspection of the
applicants vehicle (s) to determine whether same meets with
the standards and requirements fixed by said Board. If said
vehicle (s) meet the standards and requirements, such facts
shall be certified in writing by said Board.
C. No private operator permit shall be issued until the appli-
cant shall have first obtained said certificate of approval
from the Board, paid the permit fee as herein provided, and
produced proof of carriage of liability insurance as herein
provided.
(4)
D. No private operator shall, under any circumstances whatsoever,
be considered as the agent, servant or employee of the City of
Richmond, Yndiana, and any and all operations of said private
operator shall be entirely independent of the City of Richmond,
Indiana.
Section 3.2 Insurance Required. B,,Pfor�- any private operator permit shall be
issued, the applicant for such permit shall first furnish and
deposit with the Board a certificates of insurance showing public
liability and property damage insurance policy insuring the
applicant against liability for damages sustained by a person
other than the employee of said applicant and occasioned by the
neglectful operation of the vehicle or vehicles of said appli-
cant, and the insurance policy shall provide coverage in, the
amount of $15,000.00 for tht injury or death of any one person
as a result of any one accident, and shall provide coverage in
the amount of $30,000.00 in the aggregate for the injury or
death of two or more persons on any one accident and coverage
of $30,000.00 for property damage. Sur-h insurance policy shall
be writt.tn by a company authorized to do business in the State
of Indiana.
Section 3.3 Permit Fee
A. The private oparator permit fee shall be $30.00 per truck
per year begining as of January 1, of any year, provided
however, that any permit issued after August 19 of any
year, for the balance of the year, shall be one half of
the yearly sum. Such fees shall be paid to the Board.
B. Permits shall not be transferable and shall be carried on
the vehicle at all times.
Section 3.4 Exemption. The provisions of this section shall not apply to
any person disposing of only their own refuse.
ARTICLE 4
STANDARDS AND PRACTICES
Section 4.1 Pre -Collection Storage and Handling of Refuse.
A. Garbage and rubbish shall be placed and maintained in
separate containers.
B. Preparation of Refuse.
(1) Garbage - All garbage, before being placed in garbage
containers for collection shall be drained of all
free liquids, and should be wrapped in non -waxed paper.
No plastic or other than garbage shall be placed in
containers.
(2) Rubbish - All rubbish shall be drained of liquid before
being deposited for collection.
(5)
(2wa) All containers which have contained food products
shall be throughly rinsed and drained.
(2-b) Paper, treew, limbs, boxes and other articles of
unwieldy size or shape will only be acceptable for
collection if they are broken or cut down to length
not to oxceed four (4) feet and securely tied in
bundles. Each individual bundle shall not waigh
in excess of twenty-five (25) pounds.
C. Approved Containers.
(1) Refuse containers such as galvanized metal, riggidized
plastic or other like materials designed to be strong
and not easily corrodiblet insect and rodent proof,
with two handles or a bale and close fitting covers,
and shall be water tight.
(1-a) All garbage shall be stored in approved containers not
to exceed a thirty two (32) gallon capacity, and shall
not exceed a total weight of fifty (50) pounds per
container when placed on location site for collection.
(1-b) Rubbish shall be stored in approved containers not
to exceed a thirty-two (32) gallon capacity, except
as provided in Section 4.1 - B. (2-b). Total weight
of each container shall not exceed fifty (50) pounds
when placed on location site for collection. Rubbish
such as leaves, lawn clippings and other soft refuse
may be stored in a disposable plastic bag and must
be secured to prohibit spillage.
(2) Refuse containers used for central refuse collection
for multiple dwellings, commercial establishments,
schools, churches, etc., must be constructed so as
to be insect and rodent proof and shall be of a type
and design approved by the Superintendent of the
Sanitary District of the City of Richmond, Indiana.
(3) Refuse containers used for central refuse collection
for multiple dwellings, commercial establishments,
schools, etc., shall be located so that there will be
nothing to interfere with the collection vehicles
ingress, egress and emptying of such containers.
(4) A sufficient number of approved containers shall be
provided to hold the quantity of refuse accumulated
between collections.
D. Refuse Container Storage on Collection Days.
(1) Location. All containers for the deposit of garbage and
rubbish shall be located upon the alley line or a place
to be readily accessible for removing and emptying the
(6)
same. On those premisss, wherein the co11K, tion and
removal of refuse is not a,c„omplished by use of an
alley, such containers shall be placed adjacent to the
street in aneat, orderly and sanitary manner on the
day designat,,,d for their colle�;tion.
(2) Time. Such containers shall be placed on the location
site for collection not earlier than the evening pre-
ceding and not later than 6:00 A.M. or the day of
regular collection. These containers shall be removed
from the collection site within twzlve (12) hours after
the containers have been emptied, and shall be stored
on the premisas so as not to be easily viewed from any
street.
Section 4.2 Collection Practices.
A. Collection Frequency. The City of Ri-,hmond, Indiana, or its
duly authorized agency, shall collect all garbage and rubbish
at least once each wzeek. Providing said garbage and rubbish
have been properly separated, deposited in proper containers
and properly placed for collection as prescribed by these
regulations. The scheduling of routes and collection days
shall be determined by the Superintendent of the Sanitary
District.
B. Limitation of Service. The types and locations of business and
industries to be provided with collection services shall be at
the discretion of the Superintendent of the Sanitary District
with the approval of the Board.
C. Limitations of Materials Collected.
(1) The Board shall not bG, required to collect and dispose
of constru tion and industrial refuse. Construction
refuse shall be removed within ten (10) days after
completion of construction work.
(2) Bulky items, such as discarded stoves, refrigerators,
furniture, etc., will be collected only by prior
arrangement with the collecting agency.
(3) No explosive material or item shall be placed in any
refuse container.
D. Collection Equipment. Equipment used for the collection and
transportation of garbage or rubbish in the City of Richmond,
Indiana, shall have suitably constructed, sanitary type, all
enclosed bodies with water tight bads. Equipment other than
the above shall be approved by the Superintendent of the
Sanitary District and the Health Officer.
ARTICLE 5
LIMITATIONS AND PROHIBITIONS
Section 5.1 Prohibiting the Accumulation of Garbage and Rubbish. Thy; oomer
occupant or leasee of any promises in the City of Richmond,
Indiana, shall cause to be removtd from said premises all garbage
and rubbish, and shall keep said premises at all times free and
clear of any accumulation of garbage and rubbish.
Section 5.2 Prohibiting the Unsanitary Disposal of Garbage and Rubbish.
A. It shall be unlawful for any person to deposit or placs any
garbage or rubbish in any alley, street, river, or other public
place within the City of Richmond, Indiana, nor shall any person
deposit or place any refuse upon private property, whether owned
by such person or not, within the limits of the City of Richmond,
Indiana, unless the same shall be enclosed in an approved con-
tainer, or as specified herein. Provided, however, 1h at any
person who immediately destroys such refuse upon his own
premises to the satisfaction of the Health Officer shall not be
required to place such refuse in any such container.
B. Improper or unsanitary condition of refuse container and area
shall be reported to the owner of same by a properly authorized
official of the Board. Containers found to be in violation of
this ordinance must be replaced within a period of seven (7) days
under penalty provided in Article 6 - Section 6.1 of this ordinance.
(1) After due notice has been given to the responsible
person to dispose of defective or illegal containers,
they may be collected as rubbish by the Board.
Section 5.3 Disposal of Garbage and Rubbish.
A. No person shall dispose of refuse by open burning, or cause,
suffer, allow or permit open burning of refuse, unless a permit
therefore has been obtained from the Health Officer and the City
of Richmond, Indiana, Fire Department.
B. Approved Method of Disposal. All disposal of refuse shall
be by an approved method of incineration, by garbage grinding,
by sanitary landfill and cover, or a combination of the above
methods and sites to be approved by the Superintendent of the
Sanitary District and the Health Officer.
C. Ownership of Refuse. All refuse placed on a disposal area
operated by the Board shall become the property of the City
of Richmond, Indiana, and no person shall be allowed to
separate and collect, carry off or dispose of same except
under written direction of the Board.
(8)
ARTICLE 6
PENALTIES FOR VIOLATIONS
Section 6.1 Renalties. Any person who shall violate any of the provisions of
this ordinance shall be guilty of a misdemeanor, and upon con-
viction thereof, shall pay a fine of not more than three ($300.00)
hundred dollars. For the second and each subsequen' offense the
fine shall not exceed three hundred ($300.00) dolla-•s to which
may be added imprisonment for any determinate period not to C-xcered
ninety days. Each day that any pprson shall violat, any of the
provisions of this ordinance shall constitute a sepirate offense
and be punishable as such.
ARTICLE 7
UNCONSTITUTIONALITY CLAUSE
Section 7.1 Unconstitutionality Clause. Should any section, paragraph,
sentence, clause or phrase of this ordinance be a clared uncoon-
stitutional, or invalid for any rzaason, the remaitiier of said
ordinance shall not be affected thereby.
ARTICLE 8
REPEAL CLAUSE
Section 8.1 Repeal Clause. All ordinances heretofore passed by the Common
Council of the City of Richmond, Indiana, in conflict herewith
are hereby repealed.
ARTICLE 9.
ORDINANCE IN FORCE
Section 9.1 Ordinance in Force. This Ordinance shall be in full force and
effect six (6) months from and after its passage, signing by
the President of the Common Council of the City of Richmond,
Indiana, and approved by the mayor and published according to
lax.
PASSED by the Common Council of the City of Richmond, Indiana, thin day
of 1969.
Attest:
City Clerk President of Common Council
PRESENTED by me to the Mayor of the City of Richmond, Indiana, this day
of 1969.
City Clerk
APPROVED by the Mayor of the City of Richmond, Indiana, this day of
1969.
Attest:
City Clerk
Mayor