AN ORDINANCE GOVERNING THE
COLLECTION AND DISPOSAL OF
SOLID WASTE WITHIN THETOWN OF WINAMAC, INDIANA
Ordinance No.1 of 2000
WHEREAS, the Town of Winamac, Indiana, currently provides for the pickup and collection of trash, garbage and refuse within the Town as part of its regular government services; and
WHEREAS, the cost of collecting and disposing of the trash, garbage and refuse has been increasing steadily over the last number of years; and
WHEREAS, within the last year, the cost of disposal has been increased by approximately fifty percent (50%); and
WHEREAS, the Town of Winamac, Indiana, has been encouraging recycling by the residents of the Town in an effort to control the cost of collection and disposal; and
WHEREAS, there has been some participation in the recycling effort by residents, the number of participants has been insufficient to stem the rising costs of collection and disposal; and
WHEREAS, outside government agencies and other forces are beginning to require communities such as the Town of Winamac, Indiana, to implement mandatory recycling programs; and
WHEREAS, the Town Council of Winamac, Indiana, believes it to be in the best interests of the residents of the Town of Winamac, Indiana, to regulate the collection and disposition of the solid waste within the Town;
NOW THEREFORE BE IT ORDAINED by the Town Council of the Town ofWinamac, Indiana that the following ordinance be adopted:
SECTION I
Definitions
As used in this Ordinance, the terms defined herein shall have the
following meanings unless another Is expressly utilized:
1. Town, The term "Town" shall mean the incorporated Town ofWinamac, Indiana.
2. Business. The term "Business" shall mean a commercial, religious, and/or governmental entity.
3. Residence. The term "Residence" shall mean a single family or multi-family dwelling within the Town limits of Winamac, Indiana.
4. Container. The term "container" shall mean a no larger than thirty-three (33) gallon securely closed water tight polyurethane garbage can and when full, shall weigh no more than forty (40) pounds.
5. Receptacle. The term "Receptacle" shall mean any trash/garbage container or dumpster.
6A. Town Owned Receptacle. The term "Town Owned Receptacle"shall mean any receptacle located on Town property, Town parks, or on public sidewalks.
6B. Town Owned Recycling Receptacle. The term "Town OwnedRecycling Receptacle" shall mean any receptacle issued by the Town for the disposal of recyclable items.
7. Bulk Items. The term "Bulk Items" shall mean those large items of personal property which includes but is not limited to furniture, mattresses, carpeting, tires, televisions, and non-Freon appliances.
8. Rubbish. The term "Rubbish" shall mean unacceptable waste,including but not limited to crates, barrels, building materials, lumber, concrete, metals, shavings, Freon-containing appliances, liquids, liquid and water wastes which are normally disposed of in a sanitary sewer, hazardous waste, rocks, ashes, and/or animal carcasses.
9. Trash/Garbage. The term "Trash/Garbage" shall mean all: a.) non-decaying solid and semi-solid items, except for rubbish, bulk items and yard waste; b.) waste resulting from handling, preparation, cooking for consumption of food; and c,) waste from the handling, storage and sale of produce.
10. Yard Waste. The term "Yard Waste" shall mean grass cuttings and trimmings; leaves; hedge, shrub, bush or tree trimmings; limbs or sticks from trees, bushes, shrubs, or hedges, whether dead or alive; and other organic matter normally associated with yard and garden maintenance.
11. Recyclable Items. The term "Recyclable Items" shall mean those items collected and processed by the Pulaski County Recycling Center.
SECTION II
Residential Service
A. The Town of Winamac will provide pickup and collection for trash, garbage and recyclable items from residences within the Town, on a weekly scheduled basis, in accordance with the provisions for containers and fees as provided hereafter in this ordinance.
B. It shall be the responsibility of the owner or occupier of each residence within the Town to insure that such property is free from trash, garbage and/or rubbish and to keep the sidewalks and alleys adjacent to such property free of trash, garbage, rubbish, and/or yard waste except as otherwise provided.
C.All trash/garbage must be placed In a plastic bag and placed in a container.
SECTION III
Business Services
A. It shall be the responsibility of the owner or manager of each business within the Town to insure that such business property is free from trash, garbage and/or rubbish and to keep the sidewalks on such property free of trash, garbage and rubbish, and to insure that all trash, garbage and rubbish is removed from the premises on a regularly scheduled basis.
B. The Town of Winamac will provide for the pickup of one (1)container of business trash and garbage per week day, excluding holidays, provided that said business is accessible by Town garbage collection equipment.
C. All trash/garbage must be placed in a plastic bag and placed in a container.
SECTION IV
Authorized Containers and Feesfor Garbage and Trash
A. Each residence shall be allowed a maximum of two (2) containers of garbage and/or trash per week to be collected by the Town at no charge provided that said residence Is accessible by Town garbage collection equipment.
B. Each additional bag must be purchased from the Town at the Town Clerk's Office. Each bag shall cost Two Dollars ($2.00).
C. Containers must be placed within five feet (5') of the curb or alleyway and shall be so located so as to not be easily upset. Said containers must be placed not earlier than 5:00 p.m. the evening preceding the pickup day.
D. Any container in excess of the two (2) authorized in paragraph A above which is not a special bag as required in paragraph B above shall not be picked up by the Town.
SECTION V
Improper Disposal
A. It shall be unlawful to dispose of trash, garbage, rubbish or yard waste by burial or cremation.
B. Rubbish will not be collected by the Town and disposal remains the sole responsibility of the owner or occupier of the property.
C. Broken glass, needles, and other sharp or otherwise dangerous objects must be placed in a non-permeable receptacle prior to placement for collection.
D. Medical sharps will not be picked up.
SECTION VI
Recyclable Items
A. The Town shall provide one Town owned recycling receptacle for each residence for the disposal of recyclable items.
B. The Town will pickup recyclable items each week.
C. The recyclable items, once collected, shall become subject to the control of the Town.
D. Recycling shall be subject to guidelines as implemented by the Pulaski County Recycling Center.
SECTION VII
Yard Waste
A. Yard waste will be collected at such times and places as announced by the Town of Winamac.
B. All yard waste with the exception of tree limbs must be placed in a container, and must not contain any trash, garbage, rubbish or recyclable items.
C. Grass clippings shall be placed in a container.
D. During fall leaf collection, leaves shall be raked to the curb in the street. Leaves shall not extend more than four feet (4') into the roadway and shall be raked clear of utility poles and mailboxes. Leaves need to be kept separate from all other materials.
E. The Town will collect tree limbs that are not more than five inches (5") in diameter. Any tree limb in excess of one inch (1") in diameter but less than five inches (5") in diameter shall be trimmed to a single branch, bundled,and stacked parallel to the curb or placed in a container for pickup.
F. If a private tree services is used to trim any tree, it shall be the responsibility of the property owner or tree service firm to remove all yard waste.
SECTION VIII
Penalties and Restriction
A. It is unlawful for any person or business to use the container of another person or business or any Town owned receptacle for the disposal of trash, garbage, rubbish or yard waste. It shall be the responsibility of the owner or occupier of the property of the location violated to notify the police of such violation.
B. Any person who violates this ordinance or permits any other person to commit a violation of this ordinance shall be subject to a fine of Fifty Dollars ($50.00).
C. Any owner or occupier of a premises who fails to maintain the property in accordance with this ordinance shall be subject to a fine of Fifty Dollars ($50.00).
D. It shall be unlawful for any person to willfully upset or overturn or take any receptacle or container for trash or garbage.
E. Each day that such violation shall occur shall constitute a separate violation for which the owner or occupier of the property shall be subject to a fine as set out in this Section.
SECTION IX
Revenues
All revenue generated by the sale of bags and the payment of fines shall be appropriated to offset the costs associated with the recycling and solid waste management programs and operations of the Town.
SECTION X
Effective Date
This Ordinance shall become effective thirty (30) days after notice of the adoption shall have been published in a paper as described in I.C. 5-3-1-4.
PASSED AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF WINAMAC, INDIANA THIS 27TH DAY OF MARCH, 2000.
Ken McFarland, President
John Simmermaker, Member
Jack Winters, Member
Charlene Kruzick, Member
Mark Heal, Member
ATTEST
Judy Heater, Clerk-Treasurer
Click here to return to Town of Winamac's Home Page.