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HomeMy Public PortalAbout089-1990- ORDINANCE REPLACING CHAP 89 KNOWN AS THE LITTER CONTRAMENDED ORDINANCE NO. 8 -1990 AN ORDINANCE REPLACING CHAPTER 99 OF THE RICHMOND CITY CODE COMMONLY KNOWN AS THE LITTER CONROL ORDINANCE. Article I. Title and, 12efinitions Section 1. Title This ordinance shall be known and may be cited as the Richmond Litter Control Ordinance. Section 2. Definitions a "Litter" means all uncontained man-made waste materials, but not including the properly disposed waste of industrial processing. It includes all inoperable or disposed material commonly referred to as "junk". b. "Person" an individual, partnership, association, syndicate, company, firm, trust, corporation, government corporation, department, bureau, agency, or any entity recognized by taw. c. "Private Property" means property owned and used for private purposes. 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. e. "Vehicle" means every device capable of being moved upon a public highway or public waterway or upon rails or tracks and aircraft. f. "Litter Receptacle" means a container with a capacity of not less than ten (10) gallons, constructed and placed for use as a depository for litter. Article II. Moving Violations Section 1. Indiscriminate Litter Disposal and Dumping a It shall be unlawful for any person to dispose of litter upon any public or private property except in authorized receptacles or in an area designated by the State as a permitted disposal site. b. When litter has been ejected from a motor vehicle in violation of this section, the owner or operator of the vehicle shall be presumed to have ejected the litter. Section 2. Uncovefgd Vehicles. Escape of Load a. No vehicle shall be operated on any highway unless the vehicle is constructed and loaded to prevent its load from escaping from the vehicle. b. Any person operating a vehicle, from which any matter escaped that would obstruct or damage a vehicle or otherwise endanger travelers, shall immediately remove the matter from the public property and pay any costs incurred. Article III. Stationery Violations and Enforcement of Article III Violations Section 1. Keeping Property Clean Each owner and occupant of real property shall keep the property and adjacent sidewalks, roads, parking lots and alleys free of litter. The occupant shall have primary responsibility. When a violation occurs, if a tenant -occupant cannot be located or identified, the owner -landlord may be cited. To avoid responsibility under this section, the landlord shall forward the citation to the tenant, and shall send the name and address of the tenant to the City Attorney's office. Section 2. Sweeping Litter Into Thg„Street It shall be unlawful to sweep or push litter from sidewalks into streets or alleys. Such litter shall be deposited in a proper receptacle which shall be covered to prevent scattering by wind and animals. Section 3. Construction and Demolition $jtes 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 that once a week. c. All demolition and construction materials shall be separated and disposed of by prior permit from the Richmond Sanitary District. Section 4. HanAbifls. AdvertisingMaterial—and ifi a It shall be unlawful for any person distributing leaflets, or other information material to distribute the material so that it litters property. b. Any litter bearing a persons name or address, found on the property of another, shall be presumed to be the property of the person whose name or address appears thereon, and that such person is responsible for the placement of the litter. Article IV. Litter Generated From the ImpLMr Handling Solid Section 1. Use of Solid a It shall be unlawful for any person to dispose of any Solid Waste, by any means except into an approved Solid Waste Container designated for that person's use, unless other means are provided by law. 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. c. Disposable Solid Waste Containers, such as plastic bags, may be used only as approved by the 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, and in accordance with Sanitary District requirements. conditions or requirements deemed necessary to minimize adverse effects upon the community. Article X. 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 separable. Article X1. Conflict with Other Ordinances or Regulations Any rule, regulation, resolution or administrative action of the Richmond Sanitary District that conflicts with this ordinance will take precedence over this ordinance. All other ordinances that are in conflict with this ordinance are repealed to the extent necessary to give this ordinance full force and effect. Article XII. Effectiv@ Date for Compliance These regulations shall be effective on January 1, 1991. All persons and operators subject to these regulations shall comply with the requirements herein on and after. PASSED AND ADOPTED by the Common Council of the City of Richmond, Indiana this `-dry day of , 1990. Plesident,6f Common Council ATTEST:CUGc�t Pit P�ss�s/.�tse�CJ City Clerk PRESENTED by me to the Mayor of the City of Richmond, Indiana this -S� day of ,1990. City Clerk 61 APPRQV D by me, Frank H. Waltermann, Mayor of the City of Richmond, Indiana this day of _ 1990. Mayor ATTEST:�l!_ City Clerle +Ig11212-1eg0;,leg0$ PUBLICATION OF NOTICE [ Public notice is hereby made by the City Clerk of the City of Richmond, Indiana, of the adoption and passage of AMENDED ORDINANCE NO.89-1990-AN ORDINANCE REPLACING CHAPTER 99 OF THE RICHMOND CITY CODE COMMONLY KNOWN AS THE LITTER CONROL ORDINANCE. Article I. Title and Definitions Section 1. Title: This ordinance shall be known and may be cited as the Richmond Litter Control Ordinance. Section 2. Definitions a. "Litter" means all uncontained man-made waste materials, but not including the properly disposed waste of industrial processing. It includes all inoperable or disposed material commonly referred to as "junk". 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 and used for private purposes. 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. e. "Vehicle" means every device capable of being moved upon a public highway or public waterway or upon rails or tracks and aircraft. f. "Litter Receptacle" means a container with a capacity of not less than ten (10) gallons, constructed and placed for use as a depository for litter. Article II. Moving Violations Section 1. Indiscriminate Litter Disposal and Dumping a. It shall be unlawful for any person to dispose of litter upon any public or private property except in authorized receptacles or in an area designated by the State as a permitted disposal site. b. When litter has been ejected from a motor vehicle in violation of this section, the owner or operator of the vehicle shall be presumed to have ejected the litter. Section 2. Uncovered Vehicles. Escape of Load a. No vehicle shall be operated on any highway unless the vehicle is constructed and loaded to prevent its load from escaping from the vehicle. b. Any person operating a vehicle, from which any matter escaped that would obstruct or damage a vehicle or otherwise endanger travelers, shall immediately remove the matter from the public property and pay any costs incurred. Article lll. Stationery Violations and Enforcement of Article III Violations Section 1. Keeping Property Clean Each owner and occupant of real property shall keep the property and adjacent sidewalks, roads, parking lots and alleys free of litter. The occupant shall have primary responsibility. When a violation occurs, if a tenant -occupant cannot be located or identified, the owner -landlord may be cited. To avoid responsibility under this section, the landlord shall forward the citation to the tenant, and shall send the name and address of the tenant to the City Attorney's office. Section 2. Sweeping Litter Into The Street It shall be unlawful to sweep or push litter from sidewalks into streets or alleys. Such litter shall be deposited in a proper receptacle which shall be covered to prevent scattering by wind and animals. Section 3. 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 that once a week. c. All demolition and construction materials shall be separated and disposed of by prior permit from the Richmond Sanitary District. Section 4. Handbills, Advertising Material, and Litter Identification a. It shall be unlawful for any person distributing leaflets, or other information material to distribute the material so that it litters property. b. Any litter bearing a persons name or address, found on the property of another, shall be presumed to be the property of the person whose name or address appears thereon, and that such person is responsible for the placement of the litter. Article IV. Litter Generated From the Improper Handling of Solid Waste Section 1. Use of Solid Waste Containers a. It shall be unlawful for any person to dispose of any Solid Waste, by any means except into an approved Solid Waste Container designated for that person's use, unless other means are provided by law. 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. c. Disposable Solid Waste Containers, such as plastic bags, may be used only as approved by the 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, and in accordance with Sanitary District requirements. d. It shall be unlawful for any person to remove any item from a Reusable Solid Waste Container or open a Disposable Waste Container, except the owner and those persons whose duty is to service the container. e. It shall be unlawful to use a Solid Waste Container of any kind to dispose of any materials not defined as Municipal Solid Waste by the Richmond Sanitary District. f. All households, commercial establishments and institutions must provide solid waste containers adequate for their own use, as prescribed by the Richmond Sanitary District. Section 2. Indiscriminate Dumping or Discarding of Litter and Solid Waste a. 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 and/or occupant to remove and correct any such unauthorized accumulation of refuse shall be deemed a violation of this article. Article V. Government - Authorized Clean-up Section 1. Clean-up of Premises by Government Authorization a. Ten (10) days after due notice is given to any owner, agent, occupant, or lessee of any private property to remove litter from the premises, the City is authorized to clean up the 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 City against the person 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 Section 1. 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. Section 2. Litter receptacles are required at or on: a. Public streets b. Parks C. Camp grounds and trailer parks 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 I. 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, 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. Section 3. Litter Receptacles Purchased and Placed in Compliance With These Regulations Shall Meet the Following Minimum Standards. a. A Reusable Litter Receptacle shall have a capacity of ten (10) gallons 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 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. C. The receptacle shall be reasonably stationery and secure from movement and destruction by vandals. d. 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. 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 aesthetically pleasing in appearance. g. Recycling containers are not interchangeable with litter receptacles. Article VII. Enforcement a. The enforcement of moving violations under Article II shall be limited to law enforcement officers. b. The enforcement of the remaining articles 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. Article VIII. Penalties Violations of this ordinance shall be punishable by a fine of $25.00 per violation. At the discretion of the court, or city officials charged with the enforcement of this ordinance, community service may be substituted in lieu of payment of the fine. Article IX. Variances The Board of Public Works and Safety shall have the authority to grant special variances or relief to any provisions or requirements of this chapter, and may prescribe any conditions or requirements deemed necessary to minimize adverse effects upon the community. Article X. 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 separable. Article XI. Conflict with Other Ordinances or Regulations Any rule, regulation, resolution or administrative action of the Richmond Sanitary District that conflicts with this ordinance will take precedence over this ordinance. All other ordinances that are in conflict with this ordinance are repealed to the extent necessary to give this ordinance full force and effect. Article XII. Effective Date for Compliance These regulations shall be effective on January 1, 1991. All persons and operators subject to these regulations shall comply with the requirements herein on and after. A copy of this Ordinance is on file in the office of the City Clerk of the City of Richmond, Indiana, 50 North 5th Street, Richmond, Indiana. [ Mary Merchanthouse[ City Clerk[ Publish Date: December 17, 1990[== / y3 'F> s' DISPOSITION OF ORDINANCE NO. _..L. -199 3 RESOLUTION NO. -199— by Common Council Drdinance No. 84 Resolution No. _ Elstro Lundy Hankinson McBride Parker Hutton Morris Paust Brcokbank Date -5 70 Susp. rules Ist read Title only Seconded Proof of Pubiicaton ----- ------------------ Seconded ----- --------- ------- ----- ------ ------ v ----- ---------- Move to 2nd read Seconded Engrossment .................................................................. Seconded v ...... ................. Susp rules 3rd read c� ..... ..... *------------- Seconded ------ --------- ------- ------ ------ ------ ------ ---------- Passage�_ OR- ... ..... --- - - --1-�� •-••-----•- Rejection b Date Passed /a -3 -9 6 COMMITTEE ASSIGNMENTS: Committee L O C-,J Date Commttee Hearing Date Reassigned to Council Agenda PUBLICATION DATES: AAvIENDMENTS: i COMMENTS: Inv. r 12/17/90-1 430000334 Form Prescribed by State Board of Accounts General Form No. 99 P (Rem. 19M City Clerk-Cit;y of Richmond To ........... Palladium Publishin Cor .oration.... ..............g.. .P • (Governmental Unit) """""""""" ...... Dr. 1175 North A Street ....................................Wayne,.............. County, Indiana .................... ........ Richmond, Indiana 47374..................... .................. 1..... 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 o equivalent lines ....................3. Head — number of lines ........................ 390 Body — number of lines 2 Tail — number of lines .......... 3........ Total number of lines in notice ........................ COMPUTATION OF CHARGES 393 • lines, ........9R9.... columns wide equals ............ g equivalent 82.92 lines at ....... ..21J,...... cents per line $ ........................ Additional charge for notices containing rule or tabular work .........• I......-.... (50 per cent of above amount) Charge for extra proofs of publication ........................ 61.50 for each proof in excess of two) ...• • • • . . . . 8.2. � 2 TOTAL AMOUNT OF CLAIM $,,,,,,,,,,,,,,,,,,,,,,,, DATA FOR COMPUTING COST Width of single column 8 ems Size of type 6 point Number of insertions ....1. Size of quad upon which type is cast ..... Pursuant to the precisions and penalties of Ch. 155, Acts 1953, I hereby certify that the foregoing account is just and correct, that the amount is legally due, er allowing all just credits, a that no part of the same has been paid. °0 Cashier Date:. Dec.$► io Title FFIDAVIT a notary public in and for said county and state, D. r3r. Cash i ar .......... w o, being duly sworn, says that he is ..... —........ twspaper of general circulation printed and published in the Zichmond, Indiana in state and county aforesaid, and that the is a true copy, which was duly published in said paper >ublication being as follows: —........................................ ................................................................ ............. ............:.. �. ................ lff ..V 18th Dec. 90 ateis ........................ d y of ......................... 19 ..... E 63 >?f4t^ui1 ............................... _ _ ..................... Notary Public anllary 24, 1991 ................................ .