Chapter 8.05
SOLID WASTE
Sections:
8.05.020 Removal duty of owner, occupant.
8.05.030 Combustible material storage – Solid waste scattered by wind.
8.05.040 Collection and disposal power of city.
8.05.050 Residential, commercial and industrial service.
8.05.060 Containers – Placement and sanitation.
8.05.070 Charges and billing – Refusal to pay.
8.05.080 Haulers to comply with regulations – Contract required.
8.05.090 Requirements for collection vehicles.
8.05.100 Private dumps prohibited.
8.05.010 Definition.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
“Bulk items” are large in nature and have a meaning as defined by the solid waste collection contractor. Bulk items may include furniture and non-Freon appliances. The bulk item list shall be periodically conveyed to the owner, occupant or lessee of property located in the city.
“Solid waste” means all putrescible and nonputrescible solid and semisolid wastes, except human excreta, but including garbage, rubbish, ashes, street cleanings, dead animals, offal, and solid commercial, industrial, and institutional wastes. [Ord. 1533-2016 § 1; Ord. 1218-2006; Ord. 613, 1982. Code 2000 § 50.01; Code 1981 § 8.12.010.]
Statutory reference: Similar state law, see IC 36-9-30-2.
8.05.020 Removal duty of owner, occupant.
The owner, occupant or lessee of property located in the city shall cause to be removed from such premises all solid waste at least once each week and such premises shall be kept free from any accumulation of solid waste.
The owner, occupant or lessee of property located in the city shall cause to be removed from such premises all bulk items when necessary and such premises shall be kept free from any accumulation of bulk items. [Ord. 1533-2016 § 2; Ord. 1218-2006; Ord. 613, 1982. Code 2000 § 50.02; Code 1981 § 8.12.020.]
Penalty: See Chapter 1.15 AMC.
8.05.030 Combustible material storage – Solid waste scattered by wind.
(A) Combustible Material. It is unlawful to store or permit the storage of any combustible material in such a way as to create a fire hazard, or to store beyond the time limitation herein provided, or to throw away any solid waste in any alley, street, public place or residence within the city.
(B) Allowing Scattering by Wind. It is unlawful to deposit or leave any solid waste in such a place or condition that it can be blown by the wind so as to be scattered. [Ord. 1218-2006; Ord. 613, 1982. Code 2000 § 50.03; Code 1981 §§ 8.12.150 and 8.12.170.]
Penalty: See Chapter 1.15 AMC.
8.05.040 Collection and disposal power of city.
The city is authorized and empowered to collect and dispose of or provide for the collection and disposal of all solid waste within the city. [Ord. 1218-2006; Ord. 613, 1982. Code 2000 § 50.04; Code 1981 § 8.12.030.]
8.05.050 Residential, commercial and industrial service.
(A) Residential Collection. The city shall, at least once each week, collect or cause to be collected solid waste from the residences within the city.
(B) Commercial and Industrial Service by Contractor. Solid waste collection service requested by any retail, manufacturing or commercial establishment within the city shall be arranged by such establishment with the collection contractor, and the charge for such collection shall be paid by such retail, manufacturing or commercial establishment to the contractor. [Ord. 1218-2006; Ord. 613, 1982. Code 2000 § 50.05; Code 1981 §§ 8.12.050 and 8.12.060.]
8.05.060 Containers – Placement and sanitation.
(A) Placement of Containers for Collection. All solid waste from residences shall be placed in containers provided by the city or contractor and placed at curbside or, if the container is full, in solid waste bags placed by the container, not earlier than the evening prior to the day of collection. Empty containers must be removed from curbside on day of collection.
(B) Solid Waste Container Sanitation. All containers in which have been deposited solid waste shall be kept in a sanitary condition and closely covered against flies and other disturbances, and the sole responsibility for the sanitary condition of such receptacles as provided in this chapter shall be that of the tenant, occupant or owner of the premises where such container is kept. [Ord. 1527-2016 § 1; Ord. 1218-2006; Ord. 613, 1982. Code 2000 § 50.06; Code 1981 §§ 8.12.070 and 8.12.130.]
Penalty: See Chapter 1.15 AMC.
8.05.070 Charges and billing – Refusal to pay.
(A) Charge Establishment and Collection Power. The city is authorized and empowered to determine and fix a fair and reasonable charge to be made against every owner, occupant or lessee of property, and to establish a method of assessment and collection of these charges.
(B) Charge – Billing. Each owner, tenant or occupant of such residence shall pay to the city $17.10 per month for such collection service, and such charge shall be added to and paid along with each utility bill. If there is no meter at any residence, the solid waste charge shall be billed to the owner, tenant, or occupant.
(C) Refusal to Pay Charges. In the event that the tenant, owner, or occupant refuses or neglects to pay the monthly charges for solid waste collection, the charges shall become an obligation of the property owner and may be filed as a lien against the property by the Clerk-Treasurer. [Ord. 1733-2023 § 1; Ord. 1700-2022 § 1; Ord. 1675-2021 § 1; Ord. 1640-2020 § 1; Ord. 1614-2019 § 1; Ord. 1552-2017 § 1; Ord. 1532-2016 § 1; Ord. 1468-2014; Ord. 1378-2011; Ord. 1304-2009; Ord. 1287-2008; Ord. 1231-2006; Ord. 1218-2006; Ord. 986-99, 1999; Ord. 613, 1982. Code 2000 § 50.07; Code 1981 §§ 8.12.040, 8.12.080 and 8.12.090.]
8.05.080 Haulers to comply with regulations – Contract required.
(A) Haulers’ Compliance with Provisions. Every person or corporation engaging in the business of solid waste collection shall collect and haul and transport all of such solid waste, as defined in this chapter, in compliance with the rules and regulations herein set forth.
(B) Residential Collection Unlawful without Contract. It is unlawful for any person or corporation to engage in the business of collecting solid waste from the residences within the city, except a person or corporation who engages in such business under contract with the city. [Ord. 1218-2006; Ord. 613, 1982. Code 2000 § 50.08; Code 1981 §§ 8.12.100 and 8.12.110.]
Penalty: See Chapter 1.15 AMC.
8.05.090 Requirements for collection vehicles.
All conveyances of every kind and character used in the collection, hauling and transportation of solid waste shall be of suitably constructed sanitary type, having an all-enclosed body with a watertight bottom so that no drainage is permitted and shall incorporate a compressor mechanism for the compression of solid waste placed in such vehicle, except that other vehicle types may be used for collection from alleys and such places that can not be traversed readily by the compression-type vehicles for the purpose of transporting such solid waste to a compression-type vehicle. [Ord. 1218-2006; Ord. 613, 1982. Code 2000 § 50.09; Code 1981 § 8.12.120.]
Penalty: See Chapter 1.15 AMC.
8.05.100 Private dumps prohibited.
The making and keeping of a private dump in the city is prohibited. [Ord. 1218-2006; Ord. 613, 1982. Code 2000 § 50.10; Code 1981 § 8.12.140.]
Penalty: See Chapter 1.15 AMC.
8.05.110 Bulk items.
(A) On the day designated as the bulk item cleanup day, bulk items shall be placed at the curb for pickup no earlier than the day prior to collection.
(B) Only bulk items designated by the solid waste collection contractor will be collected.
(C) Bulk items placed at the curb before the day prior to collection or bulk items that are not designated by the solid waste collection contractor as collectable must be removed from the curb the day following collection or the property owner may be subject to a fine as applicable by law. [Ord. 1533-2016 § 3.]