Amending Chapter 16 to Prohibit Plastic Bags for Yard Waste

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limbs and brush in excess of these dimensions or large quantities of yard waste may be scheduled for special pick up. Nothing in this section shall prohibit any person from recycling yard wastes on their own property for their own use or from giving such yard waste to another for recycling or use; provided, however, that such recycling neither creates a public nuisance nor is otherwise injurious to the public health, welfare or safety. Nothing in this section shall be construed to prohibit the deposit of leaves in a neat and careful manner in the tree lawn or any street in the autumn during the period designated by the Department of Public Works for collection. Section II. Chapter 16, Article 4, Section 16 -8 shall be and hereby is amended to add a new subsection (g) to read in its entirety as follows: (g) The owner, occupant or lessee of any single - family, two-family, three-family and four - family dwelling may lease from the City a yard waste container with capacity for ninety -five (95) gallons of yard waste The lease rate shall be two dollars ($2.00) per month for the months of April through November, or Sixteen Dollars ($16.00) per year. Should such container become substantially damaged or otherwise incapable of effective use through no fault of the City, the lessee shall be responsible for the replacement of the container at actual cost. If a leased yard waste container is lost or stolen the City shall replace such container at its cost only once per calendar year. Section III. Chapter 16, Article 4, Section 16 -27 of the South Bend Municipal Code shall be and hereby is amended to read in its entirety as follows: See.16 -27. Policy regarding disposal of yard waste. It is hereby stated as the policy and law of the City of South Bend that all yard waste as defined herein generated by or emanating from the City, whether from residential, commercial, industrial, institutional or governmental sources, shall not be landfilled. Such yard waste, whether collected by the City, commercial lawn services, tree services or private carriers, shall be disposed of at the City's Organic Resource Facility for recycling; provided, however, that nothing herein shall prevent any individual or company from otherwise recycling yard waste in a manner approved by the Director of the Department of Public Works. No yard waste materials will be accepted from outside the incorporated limits of the City of South Bend Indiana. Section IV. Chapter 16, Article 4, Section 16 -28 of the South Bend Municipal Code shall be and hereby is amended to read in its entirety as follows: Sec.16 -28. Separation of yard waste from trash and garbage; tree limbs. All generators, handlers, collectors and haulers of yard waste shall handle such waste in a manner so as to assure that yard waste will not be co- mingled with trash and garbage. Yard waste may shall not be delivered to the Organic Resource Facility in plastic bags,