HomeMy Public PortalAbout2432 -1969 - Regulation of Garbage & RubbishORDINAWE 140, 2432-1.969
AN ORDINANCE R)R THE REGULATION OF GARBAGE AND RUBBISH STORAGE, COLLECII ON
AND DISPOSAL; DEFINING TERMS; PROHIBITING COLLECTION, TRANSPORTATION
OR DISPOSAL OF GARBAGE OR RUBBISH IN THE CITY LIMITS OF RICHU)ND,
INDIANAV EXCEPT BY THOSE AUTHOFIZED; 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
PREAI91LE------- - - --- - - - - -_ l
ARTICLE I - GENERALPROVISIONS----------------- - - - - -- 1
Section 1.1-Short Title - - - - - - - - - - - - - - - - - - - - 1
Section 1.2-Purpose ----------- --- - - - - -- 1
Section 1.3- Definition ofTerms ------ - - - - -- -- 1
ARTICLE 2 - ADMINISTRATION - - - - - - - - - - - - - - - - - - - - - - - - - 2
Section 2.1 - Administrative Organization and Enforcement - - - 2
ARTICLE'S -
PRIVATE OPERATORS PERMIT - - - - - - - - - - - - - - - - - -.
- - g
Section 3.1 -
Application and Certificate of Approval - -
- - 3
Section 3.2 -
Insurance Required - - - - - -. - - - - - - - _
- - d
Section3.3
Permit Fee - - - - - - - - - - - - --- ----4
Section 3.4-Exemption
---- ------ - - - -- -_
- 4
ARTICLE 4 -
STANDARDS AND
PRACTICES - - - - - - - - - - - - - - - -. _ -
_ .. 4
Section 4.1 -
Pre -collection handling of refuse and approved.
containers---------------5
Section 4.2 -
Collection Practices - - - - - - - - - - - - -
ARTICLE 5. =
LIMITATIONS AND PROHIBITIONS - - - - - - - - - - - - - - - a
-.- 6`
Section.
Prohibiting Prohibiting the Accumulation of Garbage -and
Rubbish - - - -- --- - - - - --
Section 5.2 -
Prohibiting the Unsanitary Disposal of
Garbage and Rubbish - - - - - - - - - - -
5;.
w-Section
5.3
Disposal of Garbage and Rubbish - - - - - -
-.
AR?IG 6 *�-PENALTIES.FOR
a,
VIOLATIONS - - - - - - - - - - - - - -
j
y. t V
Section
Penalties - - - - - - - - - -
`x
4 7.
ARTI
UNCONSTITUTIONALITY CLAUSE
Section 7.1 -
Unoonstitutionality'Clause 0 - - - - - - -
7
thuiS'. ,
s
AATI " k
CLAUSE
- - - - - - -
.
Fie.REPEAL
:.Section
1.
- - - _ -
Repeal Clouse
7
_ - . -----7
ARTIC�
r
'ORDINANCE IN FORCE - - -- --
- --
-8
s� `;r
Section
Ordinance in Force o - - -
v -- 8
ORDINANCE NO. 2432-1969
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 an increase in urbanization and industrial com-
mercial growth which has resulted in the increase 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 conjunction with the solid haste control program, it is desirable
to adopt appropriate regulations to prevent solid waste problems caused by.
Improper storage, handling, and disposal which is detrimental 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 RICHMOND,
INDIANA, AS FOLLOWS:
ARTICLE - 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 weight cannot be handled by
normal disposal methods.
(2)
C. Construction Refuse. The term "Construction Refuse" shall mein
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 jurisdiction in Wayne County, State of Indiana, c.
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 Burning" shall mean any fire fr{.r
which the products of combustion are emitted directly into t1r
outdoor atmosphere.
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 was;es,
and shall include garbage, rubbish, ashes, street sweepi-.ys,
dead animals, and industrial and construction wastes.
J. Rubbish. The term "Rubbish" shall mean all nonputresci'o'e
wastes including all combustible and noncombustible sukstances.
Combustible rubbish shall be held to mean relatively d.y rubbiill
comprised chiefly of wood, paper, straw, cardboard, ex-;alsior,
sweepings and all other similar articles of combustible natu:-e-
Incombustible rubbish shall be held to mean rubbish lncapabl(� of
incineration such as glass, cans, brick, stone, potte.-ware,
metallicware, ashes and any other material that will not buy=a.
K. Private Operator. The term "Private Operator" shall mean ny
person who shall go from place to place within the C:tty o{
Richmond, Indiana, on any vehicle, mechanical or otherwis:,
for the purpose of.collecting \refuse as herein defined, (-r any
person
sonwho shall engage in the business of collecting arJ/or
of refuse.
ARTICLE 2
Section-'2.1 Administrative Organization and Enforcement.
A. This ordinance shall be in effect territorially tt,roughout
the City of Richmond, Indiana.
(3)
Sectiori �3:l
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. Said
Board shall:
(1) Shad..} i�ceive and institute complaints.
(2) Institute enforcement actions necessary to insure compli-
ance with the abatement sections as may be provided for
in this ordinance.
(3) Be responsible for preparation and execution of public
relations and education plans for informing and securing
the cooperation of the general public in complying with
this ordinance and reducing unsanitary garbage and rubbish
storage.
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 garbage 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 any person from transporting his or her
own refuse to an approved disposal site in a sanitary.
manner.
E. It sh$11 be unlawful for any person other than the Board or a
private' operator approved by the Board as herein provided, to
rem*ovei'displace,,uncover or otherwise disturb any refuse con-
t a or the contents thereof and placed on location, or to
go frox-place to`}lace for the purpose of collection refuse,
or `to act or .serve as a private q;p_rator as herein defined,
without"first obtaining a permit therefore as herein provided.
:F. Thi; ordnance shall not prohibit_ 'collectors of refuse from
outside ?the City of Richmond,;Indiana'from hauling such refuse
over city streets provided such:co,llectors comply with the pro-
visions A.f this ordinance and with-aay°other governing law or
ordinance.
ARTICLE 3
PRIVATE OPERATORS. PERMIT..
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.
(4)
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) meets 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.
D. No private operator shall, under any circumstances whatsoever,.
be considered as the agent, servant or employee of the City of.
Richmond, Indiana, and any and all operations of said private
operator shall be entirely independent of the City of Richmond,
Indiana.
Sectida a.2 Insurance Required. Before any private operator permit shall be
issued,.the applicant for such permit shall first furnish and
deposit with the Board a certificate 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:$159000.00 for the injury or death of any one person.
as a result of any one accident, and shall provide coverage:in
the amotArit of $30,000.00 in the aggregate for the injury or
death of two or more persons on any one accident and coverage
1t of $30,000.00 for property damage. Such insurance policy shall
be written by a company authorized to do business in the State
of Indiana.
SectiAt:Psr�ait Fee;
A. The, private operator permit fee shall be $30.00 per truck
per., .: r beginning'ais of January l of an ear, provided
.� P . Y� y Y �
?� ` however, that any permit issued after August 1, of any
ar :for the balance of the year,.shall be one half of
r� the ..ye#ly sum. Such .fees shall be paid to the Board.
10.
�
Pera�ites shall not be ;transferable ad shall be carried on
the:':v46 c.le at 8.11 times.
Y� t
r.
Sec
tfp'rjr: Exemption.: The previsions of this, section shall not apply to
any person O sposing of only his'or her own refuse.
ARTICLE 4
STANDARDS AND PRACTICES
Sectio* 4,.1 Pre -Collection handling of refuse and approved containers.
(5)
A. The preparation of garbage and trash and the size and type
of approved containers shall be determined by the Board of
Sanitary Commissioners and adopted by Resolution, as pro-
vided in Indiana Burns Statute 48-42039 Sections thirteen
(13) and sixteen (16).
Be 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
same. On those premises, wherein the collection and..
removal of refuse is not accomplished by use of an
alley, such containers shall be placed adjacent to the `
street in a neat, orderly and sanitary manner on the `
day designated for their collection.
(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.B. on the day of
regular collection. These containers shall be removed
from the collection site within twelve (12) hours after
the containers have been emptied, and shall be stored.
on the premises so as not to be easily viewed from any
street.
Sectil*li,4 2 Collection practices.
A. Collection Frequency. The City of Richmond, Indiana, or its
duly authorized agency, shall collect all garbage and rubbish
at least once each week. Deposited in proper containers.and
f properly` -placed for collection as prescribed by these regu-,
lations.: The scheduling of routes and collection days small
be.deterarined by the Superintendent of the Sanitary District.
(1) Where applicable the container and all its parts shall
be replaced by the collection agent in a position that
complies with the ordinance.
Be,LW tation 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 v f the Board.
C. Limitations of Materials Collected.
(1) The Board shall not be required to collect and dispose of
construction and industrial refuse. Construction refuse
shall be removed within ten (10) days after completion
of construction work.
(6)
(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 collectiosv and ,
transportation of garbage or rubbish in the City of Richmond,
Indiana,. shall have suitably constructed, sanitary type, all
�a` Y j`
ericl4seu bodies with water tight beds. Equipment
g qu ptrent other tha n
s,`
ti►e awe shall be approved by the Superintendent of the
S�Alt';iaey District and the Health Officer.
"
ARTICLE 5
LIMITATIONS.AAND PROHIBITIONS
Stct �
Prohititiig`:the Accumulation of Garbage and Rubbish. The owner,
.
occupant or'_leasee of any premises in_ the City of Richmond,
shall cause ::to tie removed from said prrmises all garbage
and rubbishj, and `sha`1-1' keep said premises ;at all times free and
clear of Am accumuiiii0h of gar!54`e ,and rubbish.
7
Sects 6.
Prohibiting the. Unsanitary Disposal o'f'Garbage. and Rubbish.
A. It shall be unlawful for any person to deposit or place 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 some shall be
enclosed in an approved container, or as specified herein.
Provided, however, that any person who immediately destroys
such.efuse upon his oven premises to the satisfaction of.
the'Hiaith Officer shall not be required to place such refuse.
in aAy such container.
B. Improper or unsanitary condition of refuse container and area
shall be reported to the owner of same by a properly authorize
r?...":
official of the Board. Containers found to be in violation of
this ordinance must be replaced within a period of seven (7)
i{
days udder penalty provided in Article 6 - Section 6.1 of
this Ordinance.
�
rill.'.'. ' (1) After due notice has been given to the responsible
'W, person to dispose of defective or illegal containers,
t]iey may be collected as rubbish.by the Board..
"Sect,�i'; 10'3 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 Sanitary Com-
mission and the City of Richmond, Indiana, Fire Department.
(1) Open burning of refuse may be permitted when it can
be shown by a person that such open burning is abso-
lutely necessary and in the public interest. Any
person intending to engage in open burning of refuse
shall file a request to do so with the Sanitary
Commission 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
pp by the Superintendent ofthe
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.
ARTICLE b
PENALTIES FOR VIOLATIONS
Sectia blPenalties. 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 hundred
dollars ($300.00). For the second and each subsequent offense
the fine shall not exceed three hundred dollars ($300.00) to
which may be added imprisonment for any determinate period not
to'exceed ninety days. Each day that any person shall violate
any of the provisions of this ordinance, shall constitute a
"^K separate offense and be punishable as such.
ARTICLE 7
UNCONSTITUTIONALITY CLAUSE
SecMp 7.1 Unconstitutionality Clause. Should any section, paragraph,
sentence, clause or phrase of this ordinance be declared uncon-
stitutUnal, or invalid for any reason, the remainder of said
ordinance shall not be affected thereby.
ARTICLE a
r
REPEAT. CLAUSE
Sec tiop 8.1 Repeal Clause. All ordinances heretofore passed by the Common
Council of the City of Richmond, Indiana, in conflict herewith
are hereby repealed.
(8)
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 approval by the Mayor and publishing according
to law.
PASSED the Common Council of the City of Richmond, Indiana, this
day of , 1969.
Attest
��f:�ty Clerk
PREY me to the Mayor of the City of Richmond, Indiana, this
day o'n� 1969.
to
City Clerk
APPROVED by the Mayor of the City of Richmond, Indiana, this _.S_.'�'�`-day of
1969.
Attest: Ild7k
City Clerk