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<br /> <br /> Page 2 <br />(a) The City shall have exclusive jurisdiction over and the exclusive right to control the collection <br />and disposal of residential refuse within the boundaries of the City of South Bend. The City <br />may exercise its exclusive jurisdiction and right to control residential refuse by providing <br />collection and disposal services itself, or the City may, through its Board of Public Works, <br />contract with or formally permit others to provide collection and disposal services on its <br />behalf. No residential refuse, as defined in this Chapter, shall be collected or disposed of <br />except by the City or by a person or company under contract with or permitted by the City to <br />provide such services. <br />(b) Exceptions and exemptions: <br />(1) Nothing in this Chapter shall prevent any person who generates or produces residential <br />refuse on property owned or leased by such person from separating recyclable materials <br />from such residential refuse and either; (1) maintaining title to such recyclable materials <br />for his their own use; or (2) disposing of such recyclable materials by participating in a <br />recycling program; or by sale or gift; provided, however, that such separation and <br />disposition neither creates a public nuisance, nor is otherwise injurious to the public <br />health, welfare and safety. <br />(2) Nothing in this Chapter shall prevent a person from purchasing or receiving by gift <br />recyclable materials for processing or other use; provided, however, that it shall be a <br />violation of this section for any person to scavenge or remove recyclables from or near <br />bins placed for removal of recyclables by the City or its contractor. <br />(2)(3)Nothing in this Chapter shall prevent the removal from residential premises of <br />discarded building materials, trees, brush and other vegetation resulting from the <br />activities of building contractors, commercial tree trimmers or commercial lawn services; <br />provided, however, that such residential refuse so removed that falls within the definition <br />of yard waste shall either be disposed of at the City's Organic Resource Facility as <br />provided in article 4, below, collected by the City or shall be otherwise recycled in a <br />manner approved by the Director of the Department of Public Works. <br />(3)(4)Nothing in this Chapter shall prevent a person from contracting with a private <br />contractor for the removal of appliances, furniture, tree limbs, demolition debris or other <br />waste that would require special equipment or special scheduling for removal by the <br />Bureau Division of Solid Waste. <br />(c) The City shall charge the owner or occupant of each occupied residence within the City for <br />the collection and disposal of residential refuse according to the following schedule: <br />(1) Rates and Charges <br /> <br />MONTHLY RATES <br /> 2016 2017* <br />Within City of South Bend Limits: <br />Family Dwellings: