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Home My WebLink AboutIllegal Dumping_8454-94 Amending Ordinance _8436-93 Chapter 16 RefuseORDINANCE No. 8454-94 Passed by the Common Council of the City of South Bend, Indiana. January 10,994 Attest: City Clerk IRENE K. GAMMON Attest:,11 President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana__ January 11, ig 94 City Clerk IRENE K. GAMMON Approved and signed by me 1—/' Ig qjt" C.,,./.7444__Mayor ORDINANCE NO. f 5 -9- AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE NO. 8436-93, WHICH AMENDED CHAPTER 16 OF THE MUNICIPAL CODE ENTITLED "REFUSE" STATEMENT OF PURPOSE AND INTENT The purpose of this Ordinance is to amend four (4) Sections of the recently revised Chapter 16 of the South Bend Municipal Code regarding the provision of specialized collection services, which are defined as collection of residential refuse from other than the curbside or alleyside. Pursuant to these amendments, the City will be able to provide specialized collection services to the citizens of South Bend by permit with private individuals and companies . The provision of specialized collection services will be governed by rules and regulations adopted by the Board of Public Works . The cost of such services, the extent and magnitude of which will differ from customer to customer, will be subject to negotiation between the customer and permittee. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS : Section I . A new definition is added to Section 16-1, Article 1, Chapter 16 of the South Bend Municipal Code as follows : Sec. 16-1. Definitions. 10 .5) Specialized Collection Services means the collection of residential refuse from other than the curbside or alleyside. Section II . Subsections 16-6 (a) of Article 2, Chapter 16 of the South Bend Municipal Code is amended to read as follows : Sec. 16-6. Collection of Residential Refuse; Exceptions; Fees. 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 . Section III . Subsection 16-6 (c) (6) of Article 2, Chapter 16 of the South Bend Municipal Code is amended to read as follows : five (65) years of age or older, and where financial hardship can be demonstrated pursuant to rules and standards adopted by the Board of Public Works, the monthly fee for such service shall bc- Scven dollars and fifty cents ($7 .50) . If the City provides specialized collection services, itself, or by contract with others, the monthly charge for such service shall be set by the South Bend Common Council . If specialized collection services are provided by a permittee of the City, the monthly charge shall be subiect to negotiation between the customer and the permittee; and such fee shall be collected by the permittee. The services provided by the permittee shall be governed by rules and regulations adopted by the Board of Public Works. Section IV. Section 16-12 . 1 of Article 2, Chapter 16 of the South Bend Municipal Code is amended to read as follows : Sec. 16-12.1 Unauthorized Collection of Residential Refuse; Penalties. Except as provided in Section 16-6 (b) above, it shall be unlawful for any person not employed by the City or under contract with or permitted by the City for such purpose to take, collect or transport residential refuse from any premises for the purpose of hauling, dumping or disposing of the same. Any person violating this provision shall be fined an amount not to exceed two thousand five hundred dollars ($2, 500 . 00) for each offense. Each violation shall constitute a separate offense and be punishable as such. Section V. This Ordinance shall be in full force and effect from and after its adoption by the Common Council, approval by the Mayor and legal publication. Member of e Common Council Q immtfln IPiort coo the Munn on QIounril of tip Mtn of l3ou#I Stith: Your Committee of the Whole to whom was referred BILL NO. 120-93 SECOND READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE NO. 8436-93, WHICH AMENDED CHAPTER 16 OF THE MUNICIPAL CODE ENTITLED REFUSE" . Respectfully report that they have examined the matter and that in their opinion This bill has been recommended to the Council favorable. Chairman Roland Kelly o City of South Bend l/ set. :;;,.:;--_--,,'9!...,.".4.,• Joseph E. Kernan, Mayor IIIII ... 1865 .... Board of Public Works December 6, 1993 Mr. Stephen Luecke President South Bend Common Council 4th Floor, County-City Building South Bend, Indiana 46601 Re: A Bill Amending Ordinance No. 8436-93 Relating to the Collection of Residential Refuse Dear Mr. Luecke : I am attaching for filing a bill amending Ordinance No. 8436-93, which was adopted by the South Bend Common Council on November 29, 1993. The proposed amendments in the attached Ordinance relate to the provision of specialized collection services, which essentially involve collection of residential refuse from other than curbside or alleyside. As you no doubt remember, the small, private collectors and their attorney advised the Council that the services that they provide vary in extent and magnitude from customer to customer. They also advised the Council that they collect refuse from some disadvantaged clients for only a few dollars per month. They asked the Council to permit them to negotiate the fee for specialized collection services with their clients and to collect the fee directly from their clients . The Mayor supported such a change and, it was clear to me, that the Council passed Ordinance No. 8436-93 expecting an amendment to be filed effectuating the compromise that was made. Accordingly, we have suggested changes to Ordinance no. 8436-93, as follows : 1) We have added a definition for specialized collection services . 1308 County-City Building South Bend, Indiana 46601 219/284-9412 John E. Leszczynski James R. Caldwell Mary H. Mueller Mr. Stephen Luecke December 6, 1993 Page 2 2) We have suggested an amendment to Section 16-6 (a) which provides that the City may provide specialized collection services itself, by contract, or by permit . 3) We have suggested an amendment to Section 16- 6 (c) (6) deleting the fee for specialized collection services previously set by the Council and adding a provision that, if the City provides specialized collection services itself, or if it provides such services by contract with others, the monthly charge for such service will be set by the Common Council . If, on the other hand, specialized collection services are provided by a permittee of the City, the monthly charge will be subject to negotiation between the customer and the permittee. That section goes on to provide that the services provided by the permittee shall be governed by rules and regulations adopted by the Board of Public Works . These rules and regulations will govern required equipment, insurance, proper disposal of garbage and yard wastes, etc. 4) Finally, we have suggested an amendment to Section 16-12 . 1 which makes it lawful for a person or company under permit with the City for specialized collection services to collect and dispose of residential refuse . We hope to have the rules and regulations which will be considered by the Board of Public Works relating to specialized collection services on file with the Council long before the public hearing on this Ordinance. The rules and regulations will better explain how we expect this program to work. Your support and favorable consideration of this resolution is respectfully requested. Sincerely, avo-24-, Niel John E. Leszczynski, Director Department of Public Works JEL:sb Enc . lluecke.bpw