10538-17 Amending the South Bend Muncipal Code to address procedures and special fees related to trash, refuse and other solid waste collection and disposal

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(a) The City shall have exclusive jurisdiction over and the exclusive right to control the collection and disposal of residential refuse within the boundaries of the City of South Bend. The City may exercise its exclusive jurisdiction and right to control residential refuse by providing collection and disposal services itself, or the City may, through its Board of Public Works, contract with or formally permit others to provide collection and disposal services on its behalf. No residential refuse, as defined in this Chapter, shall be collected or disposed of except by the City or by a person or company under contract with or permitted by the City to provide such services. (b) Exceptions and exemptions: (1) Nothing in this Chapter shall prevent any person who generates or produces residential refuse on property owned or leased by such person from separating recyclable materials from such residential refuse and either; (1) maintaining title to such recyclable materials for his their own use; or (2) disposing of such recyclable materials by participating in a rec cling_program; or by sale or gift; provided, however, that such separation and disposition neither creates a public nuisance, nor is otherwise injurious to the public health, welfare and safety. t2l Nothing in this Chapter- shall i- Ht a per-son from pureha i v iig by gift 1 provided, however, th shall be -A violation 4 this seetion for- to ye Feeyelabl � ne any IiJ Sl Vlll or Ilan scavenge RY YAmA Y bins plaeed for-removal of r-eeyelables by the City or its eontmeten L2)(3-) Nothing in this Chapter shall prevent the removal from residential premises of discarded building materials, trees, brush and other vegetation resulting from the activities of building contractors,commercial tree trimmers or commercial lawn services; provided,however,that such residential refuse so removed that falls within the definition of yard waste shall either be disposed of at the City's Organic Resource Facility as provided in article 4, below, collected by the City or shall be otherwise recycled in a manner approved by the Director of the Department of Public Works. L3)(4) Nothing in this Chapter shall prevent a person from contracting with a private contractor for the removal of appliances, furniture,tree limbs, demolition debris or other waste that would require special equipment or special scheduling for removal by the Beau Division of Solid Waste. (c) The City shall charge the owner or occupant of each occupied residence within the City for the collection and disposal of residential refuse according to the following schedule: (1) Rates and Charges r,0NT-14 v RATES 204-6 2017* Within City of South Bona Limits: Family Dwellings: Page 2