HomeMy Public PortalAbout015-2024 - AMENDS RCC 99.06, 99.07, 99.08COMMON COUNCIL OF THE
CITY OF RICHMOND, INDIANA
ORDINANCE NO. 15-2024
A GENERAL ORDINANCE AMENDING
SECTION 99.06, SECTION 99.07, AND SECTION 99.08 OF
THE RICHMOND CITY CODE
WHEREAS, Chapter 99 of the Richmond City Code ("RCC") is entitled "Litter";
and
WHEREAS, Common Council recognizes its continuing obligation to enact and
update ordinances that promote public safety and welfare; and
WHEREAS, It is important for the public safety and welfare to update a certain
portion of the laws regarding enforcement of litter.
NOW, THEREFORE, be it ordained by the Common Council of the City of
Richmond, Indiana, as follows:
Section 1. That the following Section 99.06, 99.07, and 99.08 of the Richmond
City Code shall be amended to read as follows except that portions that appear in
bold shall appear in normal print and portions that are stricken shall not appear
(bold portions represent new additions to Code and stricken portions represent
deletions; these are included to facilitate understanding of the changes being made):
99.06 LITTER RECEPTACLES
(a) Use of litter receptacles
It shall be unlawful to deposit any item or items, except litter, in any
receptacle placed for public use as a depository for litter.
(b) Litter receptacles are required at or on
1)
(1)(2)
D„b,lie streets\i
Parks
(2)(3)
Camp grounds and trailer parks
(3)(4)
Drive-in restaurants
(4)(5)
Quick service or fast-food restaurants
(5)(6)
Self-service refreshment areas
(6)(7)
Construction sites
(7)(8)
Gasoline service stations
(8)(9)
Shopping centers
(9)(4.0)
Parking lots operated for public use
(10)(M Marinas and boat docking and fueling stations
(11)(4-2-) Boat launching areas
(12)(4-3) Public and private piers which are operated for
public use
(13)(44) Beaches and bathing areas
(14)(4-5) Sidewalks in business districts
(15)(1) Public buildings, including schools
(16)(1-) Sporting events, fair grounds, carnivals, circuses,
festivals, and other similar events to which the public is
invited.
It shall be the duty of any person owning or operating any public place
to provide receptacles adequate to contain the litter generated at the
establishment in places that are easily accessible. The presence of
litter in a public place shall create a rebuttable presumption of
inadequate placement of receptacles.
(c) Litter receptacles purchased and placed in compliance with
these regulations shall meet the following minimum standards
(1) A reusable litter receptacle shall have a capacity of ten
gallons or more, although pet waste receptacles may be
smaller in size/capacity.
(2) The receptacle shall be constructed of such quality as to
maintain the original shape when placed at an outdoor location,
and be reasonably resistant to rust and corrosion. Construction
and configuration of all receptacles shall be in conformance
with all pertinent laws, ordinances, resolutions, or regulations
pertaining to fire, safety, public health, and welfare.
(3) The receptacle shall be reasonably stationery and
secure from movement and destruction by vandals.
(4) The receptacle shall be constructed and designed or
covered in such a manner as to prevent, or preclude, the
blowing of litter from the receptacle.
(5) The receptacle shall be serviced with a frequency
sufficient to prevent overflow or spoilage and to prevent the
accumulation of offensive odors.
(6) The receptacle shall be aesthetically pleasing in
appearance.
(7) Recycling containers are not interchangeable with litter
receptacles.
99.07 ENFORCEMENT
(a) The enforcement of moving violations under Article II shall be
limited to law enforcement officers.
(b) The enforcement of the ,.,,mainirn articles after Article II may
be enforced by law enforcement officials, authorized department
officials of Public Works, Sanitation, Solid Waste Management,
Building and Zoning, Fire, Health, Parks and Recreation, and
Housing.
99.08 PENALTIES
Violations of this ordinance shall be punishable by a fine of $25.00 $150.00
per violation. At the discretion of the court, or city officials charged with the
enforcement of this ordinance, twenty (20) hours of community service may
be substituted in lieu of payment of the fine, provided that defendant agrees
to the same in writing. Any written agreement must also be approved by
the court and the arrangement shall be carried out in accordance with IC
34-28-5-1 et seq., as may be amended and the community service
performed shall be in accordance with IC 35-31.5-5-50, as may be
amended.
(Ord. 89-1990; Ord. 15-2024)
Section 2. Effective Date
This Ordinance shall be in full force and effect from and after its passage and
adoption by the Common Council of the City of Richmond, Indiana.
Passed and adopted this day of
Council of the City of Richmond, Indiana.
ATTEST: , City Clerk
(Karen Chasteen, IAMC, MMC)
2024, by the Common
(Gary Turner)
President
PRESENTED to the Mayor of the City of Richmond, Indiana, this day of
, 2024, at 9:00 a.m.
, City Clerk
(Karen Chasteen, IAMC,
MMC)
APPROVED by me, Ronald Oler, Ph.D., Mayor of the City of Richmond, Indiana,
this day of , 2024, at 9:05 a.m.
, Mayor
(Ronald Oler, Ph.D.)
ATTEST: , City Clerk
(Karen Chasteen, IAMC, MMC)