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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