The URL can be used to link to this page

Home My Public Portal About027-1990-STRICKEN - ORDINANCE TO REPLACE CHAP 99 IN ITS ENTIRETORDINANCE NO. 27-1990 AN ORDINANCE TO REPLACE CHAPTER 99 OF THE RICHMOND CITY CODE IN ITS ENTIRETY AND TO ESTABLISH PROVISIONS FOR THE CONTROL OF LITTER WITHIN THE CITY OF RICHMOND, WAYNE COUNTY, INDIANA LITTER CONTROL ORDINANCE Article I. Title and Definitions Section 1. Title This ordinance shall be known and may be cited as the Latter Control ordinance. section 2. Definitions a. "Litter" means all uncontainerized man made waste materials, including but not limited to bottles, glass, crockery, cans, scrap metal, material at construction sites, rubbish, disposable packages, or containers thrown or deposited as prohibited herein, but not including the properly disposed waste of industrial processing. b. "Person" an individual, partnership, association, syndicate, company, firm, trust, corporation, government corporation, department, bureau, agency, or any entity recognized by law. C. "Private Property" means property owned by any person as defined herein, including but not limited to yards, grounds, driveways, entrance or pas- sageways, parking areas, any body of water, vacant land, and recreation facilities. d. "Public Property" means any area that is used or held out for use by the public, whether owned or operated by public or private interests, including but not limited to highways, streets, alleys, parks, recreation areas, sidewalks, medians, lakes, rivers, streams, ponds or bodies of water. e. "vehicle" means every device capable of being moved upon a public highway or public waterway and in, upon or by which any person or property may be transported or drawn upon a public highway or public waterway, and shall also include any watercraft, boat, ship, vessel, barge, or other floating craft, except devices moved by human power, or used exclusively upon stationary rails or tracks, or used exclusively for agricultural purposes and not licensed pursuant to state Law, which is not operated on any public highway for purposes other than crossing such public highway, or along such highway between two tracts of the owner's land. f. "Litter Receptacle" means a container with a capacity of not less than 10 gallons, constructed and placed for use as a depository for litter. g. "Institution" means any public or private establish- ment which educates, instructs, treats for health purposes, or otherwise performs a service or need for the community, region, state, or Nation. h. "Household Solid Waste" means all solid waste that normally originates in a household environment. Sometimes called domestic or residential solid waste. i. "Commercial Solid waste" means solid waste generated by stores, offices, and other activities that do not actually turn out a product. j. "Institutional solid Waste" means solid waste originating from educational, health care, or research facilities. k. "Industrial Solid Waste" means solid waste originating from industrial facilities. Article II. moving violations and Enforcement of Article II. Moving violations, shall be limited to law enforce- ment officers. Any person violating Article Il shall be punished by a fine of not less than $50.00, nor more than $500.00. A sentence to pick up litter may be considered by the court in lieu of a fine. section 1. Indiscriminate Litter Disposal and Dumping a. It shall be unlawful for any person to drop, deposit, discard, abandon or otherwise dispose of litter in or upon any public or private property including but not restricted to any street, sidewalk, park, body of water, vacant, or occupied lot, except in public receptacles, or in authorized private receptacles provided for public use, or in an area designated by the State Department of Health as a permitted disposal site. b. When a violation of the provisions of this section has been observed by any person, and the matter dumped or disposed of in the highway, right-of-way, adjacent to such highway or right-of-way,or private property has been ejected from a motor K vehicle, the owner or operator of such motor vehicle shall be presumed to be the person ejecting such trash, garbage, refuse or other unsightly matter. Provided, however, that such presumption shall be rebutted by competent evidence. Section 2. Uncovered Vehicles. Escape of Load a. No vehicle shall be driven or moved on any highway unless such vehicle is constructed, loaded, or securely covered to prevent any of its load from dropping, leaking, blowing or otherwise escaping from the vehicle. Provided, however, that sand or any substance to increase traction or water or other substance may be applied on a roadway in the cleaning or maintaining of such roadway by the state or local government agency having such responsibilities. b. No vehicle used to transport litter or other items likely to fall or be blown from such vehicle, shall be driven or moved, stopped or parked on any highway unless the contents of such vehicle are properly secured to prevent escape on to the roadway. C. Any person operating a vehicle from which any glass or objects have fallen or escaped which could cause an obstruction or damage a vehicle or otherwise endanger travelers on such public property, shall immediately cause the public property to be cleaned of all glass or objects and shall pay any costs therefor. Article III. stationery violations and Enforcement of Article III violations. Authorized departmental officials of Public Works, Sanitation, Solid Waste Management, Building and zoning, Fire, Health, Parks, Recreation, Housing, shall be authorized to issue citations for violations of Article III which is punishable by a fine of $25.00. Section 1. Areas Surroundin2 Commercial. Establishments and Institutions a. It shall be the duty of each proprietor and each operator of any business, industry, or institution to keep the adjacent and surrounding area clear and free of litter. These areas include, but are not restricted to, public and private sidewalks, roads, 3 alleys, grounds, parking lots, loading and unloading areas, and all vacant lots which are owned or leased by said establishment or institution. Section.2. Keeping Residential PropeELL Clean a. It shall be the duty of each residential property .owner and tenant to keep all exterior private property free of litter. These areas shall include, but not be restricted to, sidewalks, alleys, driveways, yards and grounds fences, walls, and property line drainage, and vacant lots in residential areas. Section 3. Keepin2 Sidewalks Clean a. Each owner, agent, occupant; or lessee whose property faces on sidewalks, or sidewalks with strips between street and sidewalk, shall be responsible for keeping said sidewalk and strips free of litter. Section 4. Sweeping Litter Into Street a. It shall be unlawful to sweep or push litter from sidewalks into streets. Such litter shall be deposited in a proper receptacle which shall be covered to prevent scattering by wind and animal. Section 5. Construction and Demolition sites a. It shall be unlawful for any owner, agent, or contractor to permit the accumulation of litter, before, during, or after completion of any construction or demolition project. b. It shall be the duty of the owner, agent, or contractor in charge of a construction or development site to furnish adequate litter receptacles, to collect and contain bulk litter on a daily basis. All litter shall be removed from such site not less than once a week. Section 6. HandbillsAdvertising Material., and Litter Identification -- - -- a. It shall be unlawful for any person distributing commercial handbills, leaflets, flyers, or any other advertising and information material to distribute material in such a manner that it litters either public or private property. b. Any article of litter bearing a persons name or address, found on the private property of another, or on any public property as designated herein, shall be presumed to be the property of such person whose name or address appears thereon, and that such person placed or caused to be placed such article of litter provided, however, that such presumption shall be rebuttable by competent evidence. For the purposes of this ordinance, mailing by registered mail of such process to the last known place of residence shall be deemed as personal service upon the person charged with a violation. Article IV. Litter Generated From the Improper Handlinq of Solid Waste. Violation of Article IV is punishable by a fine of not less than $25.00 nor more than $500.00. A sentence to pick up litter may be considered by the court in lieu of a fine. Section 1. The Containerization And Removal Of Household Solid Waste Commercial solid Waste, And Institutional solid Waste. a. All household, commercial, and institutional solid waste shall be containerized and placed for collec- tion according to the requirements of the sanitary District. Section 2. Maintenance of Solid Waste Containers a. Any solid waste container which does not conform to the sanitary district shall be repaired or replaced by owner or provider of said container upon written notice from the sanitary District. Failure to do so within five ( 5 ) days shall .constitute a violation of this section, and each day thereafter shall constitute a separate violation. And, service will be terminated by the Sanitary District after seven (7) days of violation, Section 3. Use of Solid Waste Containers. a. It shall be unlawful for any person to dispose of any Household solid Waste, Commercial Solid waste, or Institutional Solid Waste by any means except into an approved solid Waste Container unless other means are provided by law. said container being designated for that persons individual use. b. Reusable solid Waste Containers shall be fully covered at all times with proper fitting lids in such a manner as to prevent any escape of contents. 5 c. Disposable Solid Waste Containers such as plastic bags, cardboard boxes, etc. may be used as approved by Sanitary District. Such disposable containers must be completely and securely closed or tied with twine or a fastening device in such a manner as to prevent the escape of any contents. d. It shall be unlawful for any person to remove any item from a Reusable solid Waste container or open a Disposable Solid Waste Container, except those persons whose duty it is to service same. e. It shall be unlawful to use a Solid Waste Container of any kind to dispose of any toxic waste, explo- sive, or potentially explosive material. f. All households, commercial establishments and institutions must provide solid waste containers adequate for their own use. Or .lease the appropriate container from the Sanitary District. Section 4. Indiscriminate Dumping or Discarding of Litter and Solid waste. a. It shall be unlawful for any person to discard or dump along any street or road, on or off the right-- of-way, any household or commercial solid waste, rubbish, refuse, junk, , vehicle or vehicle parts, rubber tires, appliances, furniture, ash tray contents, or any other material or equipment, on public or private property, except in receptacles provided for public use for the deposit of said material, or except in an area designated by the state Department of Health as a permitted disposal site. b. Any article of litter bearing a person's name or address found on the private property of another, or on any public property, shall be presumed to be the property of such person whose name or address appears thereon, and that such person placed or caused to be placed such article of litter, pro- viding that such presumption shall be rebuttable by competent evidence. C. Any unauthorized accumulation of refuse or trash items on any lot, property, premises, public street, alley, or other public or private place is hereby declared to be a public nuisance and is prohibited. Failure of owner or...Qcjc_upant to remove and correct any such unauthorized accumulation of refuse shall G be deemed a violation of this article. d. It shall be unlawful for any person to place or leave outside any building or dwelling within public view any dilapidated furniture, appliance, machinery, equipment, building material, or other item which is either in a wholly or partially rusted, wrecked, junked, dismantled, or inoperative condition, and which is not completely enclosed within a building or dwelling. Any such item or items which remain on the property of the occupant for a period of ten (10) days after notice of violation of this. section shall be presumed to be abandoned and subject to being removed from the property of the (County' without further notice and subject to expenses --incurred in the removal of such item or items. This shall not apply to authorized junk dealers or establishments engaged in the repair, rebuilding, reconditioning, or salvaging of equipment. Article V. Cleanup -Government Authorized section 1. Cleanu2 of Premises_by_Goyernment Authorization a. Ten days after due notice is given to any owner, agent, occupant, or lessee of any private property to remove litter from the premises, the Sanitary District is authorized to clean up said private property and bill the owner, or his agent, for the costs thereof. If the bill has not been paid within thirty (30) days, execution may be issued by the Sanitary District against the property for the amount expended in the cleaning work, and such execution shall constitute a lien on the property until the claim has been satisfied. b. Execution of the notice to remove litter shall be in writing, and shall be in the form of a Registered Letter. Article VI. Litter Receptacles - Violation of Article VI is punishable by a fine of $15.00 for each day of violation. Section 1. Use of Litter Receptacles a. It shall be unlawful to deposit any item or items except litter, in any receptacle placed for public use as a depository for litter. Section 2. Providing Adequate Litter Receptacles 7 a. It shall be the duty of any person owning or operating any establishment or public place to provide receptacles adequate to contain the litter generated at said establishment. Article VII. Responsibility to Procure Place and Maintain Litter Receptacles. $15.00 Fine for each day of violation. 1. Any person owning or operating any establishment or public place at which litter receptacles are required by this ordinance shall, at their own expense, be responsible for the procuring, placing, and maintaining all litter receptacles as required by this ordinance. Article VIII. Places and/or Areas Requiring Litter Receptacles Section 1. Litter receptacles are required at or on: a. Public streets b. Parks C. campgrounds and trailer parks i d. Drive-in restaurants e. Quick service or fast-food restaurants f. self-service refreshment areas g. Construction sites h. Gasoline service stations i. Shopping centers j. Parking lots operated for public use k. Marinas, and boat docking and fueling stations 1. Boat launching areas M. Public and private piers which are operated for public use n. Beaches and bathing areas o. sidewalks in business districts P. Public buildings, including schools q. sporting events, fairgrounds, carnivals, circuses, festivals, and other similar events to which the public is invited Article IX. Placement of Litter Receptacles section 1. Minimum standards for litter receptacle placement and frequency_of placement. a. Mobile Home parks and recreational facilities and recreation areas including parks, campgrounds, beaches, and bathing areas, shall have one receptacle for each facility or area at which food or drink is sold, plus additional E:7 receptacles as necessary to accommodate the need for a litter depository, the need for said additional receptacles shall be determined by the operator of the facility. b. Shopping centers, and parking lots operated for public use shall have receptacles located along pedestrian travel routes normally taken by persons using said facility. The number and placement of receptacles shall be determined by the operator or group responsible for the operation of said facility, with not less than one receptacle at each such shopping center, and parking lot. c. Drive-in restaurants, and fast-food restaurants; one receptacle per establishment plus addition- al receptacles as necessary to contain litter generated by the facility. The need for additional receptacles shall be determined by the operator of the facility. d. self-service refreshment areas shall have one receptacle for each separate area, provided each separate area contains Z or more machines for dispensing, or serving food or drink. e. Gasoline service stations shall have one receptacle per service island. f. Construction sites shall have receptacles sufficient to contain workmen's litter plus those construction wastes capable of being spread by wind or water. The wind and water from hurricanes, tornados, and floods excepted. The number of receptacles and the sizes shall be determined by the primary contractor, with not less than one receptacle at each site. g. Marinas, boat docking and fueling stations, public and private piers shall have one receptacle for each area, plus additional receptacles as necessary to contain litter generated by the facility. The need for additional receptacles shall be determined by the operator of the facility. h. Boat launching areas shall have receptacles placed as needed consistent with use of the area and the need for a litter containment. Need to be determined by the operator of said area. E i. sporting events, fairgrounds, carnivals, circuses, festivals, and other similar events shall have receptacles placed sufficient in number to contain the litter generated at such event and spaced so as to be reasonably accessible in those areas of heavy use. The placement and need for said receptacles shall be determined by the operator, sponsor, or group operating said event. Not less than one receptacle shall be placed at each event. j. Public buildings, including schools shall have one receptacle at or reasonably near the main, or most frequently used, entrance of each facility. Receptacle placement shall be con- sistent with need as determined by the person, agency, or group having primary responsibility for the operation of the facility. k. sidewalks in business districts. The need for receptacles and their placement and the responsibility for their purchase, maintenance, and service, shall be determined by the local governmental authority. Article X. Minimum standards Section 1. Litter Receptacles Purchased and Placed in Com21iance With These Regulations Shall Meet the Following Minimum Standards. a. A Reusable Litter Receptacle shall have a capacity of 10 gallon or more. b. The receptacle shall be constructed of such quality as to maintain the original shape when placed at an outdoor location, and be reason ably resistant to rust and corrosion. Con- struction 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. C. The receptacle shall be reasonably stationery and reasonably secure from movement and destruction by vandals. d. The receptacle shall be constructed and designed or covered in such manner as to prevent, or pre- clude, the blowing of litter from the recep- tacle. 10 e. The receptacle shall be serviced with a frequency sufficient to prevent overflow or spoilage, and to prevent the accumulation of offensive odors. f. The receptacle shall be designed and sufficient- ly maintained to present an appearance which is ascetically pleasing. Article XI. Removal of Litter From Receptacles: The responsibility for the removal of litter from receptacles placed at parks, beaches, camp- grounds, trailer parks and other public places shall remain upon those state and local agencies now performing litter removal services. The removal of litter from litter receptacles placed on private property used by the public shall remain the duty of the owner or operator of such private property. Article XII. Responsibility of Owners and Agents: i The owners or agents, tenants or lessees, or persons in possession of all residential units and commercial establishments shall be respon- sible for compliance with this ordinance. Article XIII. Conflicting Ordinance Repealed: All ordinances regulations or parts of ordinan- ces regulations including the ordinance regulating the Operation of Landfills and solid Waste Containers in conflict with this ordinance are repealed only to the extent necessary to give this ordinance full force and effect. Article XIV. Severability: if any provision of this ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction such provision and such holding shall not affect the validity of any other provision and to that end, the provisions of this ordinance are hereby declared to be severable. Article XV. Penalties: Any person who fails to place and maintain such litter receptacles on the premises in the number 11 and manner required or who violates the provisions of this section or rules or regula- tions adopted hereunder shall be subject to a fine of fifteen ($15.00) dollars for each day of violation. A sentence to pick up litter may be considered by the Court in lieu of a fine. Article XVI. Effective Date for compliance: 1. These regulations shall be effective on the _ day of , 1989. All owners and operators subject to these regulations shall comply with the requirements herein on and after. Article XVII. Conflict with Richmond sanitary District . Any rule, regulation, resolution or administrative action of the Richond sanitary District pertaining to the subject material"of this ordinance will take precedence. 12 +lgl58-IegO„IegO$ NOTICE OF PUBLIC HEARING[ ON ORDINANCE NO.27-1990 [ Notice is hereby given that the Common Council of the City of Richmond, Wayne County, Indiana will hold a public hearing on Monday, May 21, 1990 at 7:30 P.M. in the Council Chambers in the Richmond Municipal Building located at 50 North 5th Street, on the following:[ ORDINANCE N0. 2,01990-AN ORDINANCE TO REPLACE CHAPTER 99 OF THE RICHMOND CITY CODE IN ITS ENTIRETY AND TO ESTABLISH PROVISIONS FOR THE CONTROL OF LITTER WITHIN THE CITY OF RICHMOND, WAYNE COUNTY, INDIANA[ All parties interested in or affected by this Ordinance are invited to attend the public hearing to speak in favor of or in opposition to said Ordinance.[ Mary Merchanthouse[ City Clerk[ Publish Date May 11, 1990[== '�-' 1a �6 -,5---3 Inv. 051190-4 30000334 Form Prescribed by State Board of Accounts General Form No. 99 P (Rev. 1987) City of R. chn, ond-^Cit.y Clerk To Palladium Publishing Corporption.,_....... Dr. ........................................................................................................................... (Governmental Unit) 1175 North A Street ..................................... Wayne ............... County, Indiana .............................. Richmond Indiana 47374 ................................................. PUBLISHER'S CLAIM LINE COUNT Display Matter (Must not exceed two actual lines, neither of which shall total more than four solid lines of the type in which the body of the advertisement is set) number of equivalent lines Head — number of Iines Body — number of lines �• Tail — number of lines ................ • • • • • • Total number of lines in notice • • • . • • • • • . • • • .2 6• • • • • COMPUTATION OF CHARGES .........2.6..... lines, ........Qn.e_.. columns wide equals lines at ....... * 21.1...... cents per line Additional charge for notices containing rule or tabular work (50 per cent of above amount) Charge for extra proofs of publication ($1.50 for each proof in excess of two) TOTAL AMOUNT OF CLAIM DATA FOR COMPUTING COST Width of single column 8 ems Number of insertions A.... .2.6....... equivalent ........................ ........................ $..... 5• 49.......... Size of type 6 point Size of quad upon which type is cast ..... Pursuant to the procisions and penalties of Ch. 155, Acts 1953, I hereby certify that the foregoing account is just and correct, that the amount' legally kall st re ' jantno ar of the same has been paid. Date:.......... MY- 2.1 .................... . 19 aQ. Title ................... Cashier PUBLISHER'S AFFIDAVIT State of Indiana ) . Wayne ...... County) ss Personally appeared before me, a notary ,public in and for said county and state, the undersigned RebEkah RObbir6%o, being duly sworn, says thaPhe is ..ga!Oi r of the Palladium -Item a daily newspaper of general circulation printed and published in the ATTAru rnnv nF