Amending Chapter 16 to Provide Yard Waste Removal Soley from City Furnished Containers

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Substitute Bill No. 25-15 ORDINANCE NO. Lo`€o(-1 J/ AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING SECTIONS OF CHAPTER 16,ARTICLES 2 AND 4 OF THE SOUTH BEND MUNICIPAL CODE TO PROVIDE YARD WASTE REMOVAL SOLELY FROM CITY FURNISHED CONTAINERS STATEMENT OF PURPOSE AND INTENT For reasons of environmental stewardship and heightened state and federal regulation, the City of South Bend (the City), in 2013, amended Chapter 16 Article 2 to prohibit use of plastic bags to contain yard waste materials for City removal (Ordinance # 10270-13). At that time, the City introduced voluntary use of 96 gallon yard waste containers furnished by the City as a receptacle for yard waste materials to be removed by the City The City Division of Organic Waste (the Division) has been reviewing the costs associated with yard waste removal, particularly the cost difference between removal from City furnished containers and removal from paper bags or non-bagged bundles. The Division has determined that it is not economically feasible for the City to continue removing yard waste during regular weekly pick up which is not contained within City-issued yard waste containers. This ordinance limits the City's regular removal of yard waste materials to those which are placed in City-issued yard waste containers and which are rented annually for Sixteen Dollars ($16.00) from the City and payable at a fixed monthly rate of$2.00 during the period from April through November. The provisions of this ordinance will take effect in calendar year 2016, and those residents who were not previously issued such containers shall have until February 1, 2016 to request a container. As of April 1, 2016, no yard waste shall be removed from property during regular City yard waste pick-up and removal which is not contained within a City yard waste container. However, paper or biodegradable bags may be used for special pick up scheduled by the owner, occupant or lessee of any single or multifamily dwelling. To effectuate this change in practice it is necessary to amend the South Bend Municipal Code at Chapter 16, Article 2, Section 16-8 (f) and (g) and at Article 4, Section 16-28. A new subpart 16-8 (h) is being added to codify special yard waste pick up rates on a per month basis. This Ordinance enacts those Municipal Code Amendments. 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: