Amending Chapter 16 to Prohibit Plastic Bags for Yard Waste

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Stiab�:titute Bill No. 19 -13 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 16, ARTICLES 2 AND 4 OF THE SOUTH BEND MUNICIPAL CODE TO PROHIBIT PLASTIC BAGS FOR YARD WASTE STATEMENT OF PURPOSE AND INTENT The City of South Bend (the City) previously permitted plastic bags to be used for collection of yard waste, although use of paper bags was preferred. With new and heightened environmental regulation at the State and federal levels, it is not permissible for the City's Organic Resource Facility to accept any plastic materials with yard waste. The City's Organic resource collection is limited solely to vegetative, biodegradable materials, and the Facility has no capability to separate plastics from organic matter. To clarify and assure that citizens of South Bend do not include plastic bags and other non - organic materials with recyclable yard waste, it is necessary to amend the South Bend Municipal Code at Chapter 16, Article 2, Section 16 -8 (f) and at Chapter 16, Article 4 Sections 16 -27 and 16 -28. This Ordinance enacts those Municipal Code Amendments. It further provides citizens with the opportunity to rent a 95 gallon yard waste container from the City. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: Section I. Chapter 16, Article 2, Section 16 -8(f) of the South Bend Municipal Code shall be and hereby is amended to read in its entirety as follows: Sec.16 -8. Use of City- furnished refuse containers required; disabled customer exception; nonrecurring charge for new users; separation of yard waste. (f) Yard waste as defined herein, shall be collected by the City on a weekly basis for disposal and recycling at the City's Organic Resource Facility. Each owner, occupant or lessee of any single or multifamily dwelling shall separate and keep separate any yard waste from the remainder of the residential refuse for collection. Yard waste shall not be placed in plastic bags for collection Such yard waste shall be placed in tffE ' "1"' �'" '' "b " ` " paper or other biodegradable bags, or in other containers either furnished by the owner occupant or lessee or leased fr om the Citv or neatly deposited in the tree lawn and shall be segregated from the trash or garbage. Anv yard waste set out for collection in any manner other than in a container leased from the City shall be limited to a maximum of thirty five (351 pounds per container :Tree limbs and brush of a diameter of less than four (4) inches shall be bundled together in lengths of forty eight (48) inches or less. Tree