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HomeMy WebLinkAboutOrdinance Providing for the Collection and Disposal of Garbage and Trash and Providing PenaltiesORDINANCE No Passed by the Common Council of the City of South Bend, 3925 AY 11Tg� 19f3 Clerk Attest: GV' �' "-:� President of Common Council Presented by me to the Mayor of the City of South Bend, MAY Approved and signed by me MAY 7 ?m$� 19 §L— Clerk ORDINANCE NO. 3926 AN ORDINANCE PROVIDING FOR THE COLLECTION AND DISPOSAL OF GARBAGE AND TRASH AND PROVIDING PENALTIES. BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: ARTICLE I - IN GENERAL Section 1. WHEREAS, the accumulation of refuse substances, such as garbage and other waste of obnoxious, unsanitary, unsightly or hazardous character on the premises of private residences, or other places, constitutes a public nuisance and menace in the City of South Bend, and greatly increases the danger of the spread of infectious, contagious and epidemic disease, and that it is imperative and urgent for the preservation of the health, safety, sani- tation and peace and public welfare of the people that proper and adequate regulations be adopted to require property owners, tenants, occupants or lesse of certain property to obtain and use containers and receptacles of sufficient size and material in which to deposit refuse substances, as hereinafter pro- vided, it is hereby ordained that it is a public necessity and an aid to healt: sanitation and welfare that a regular and orderly collection of garbage and a proper system of disposal of the same be undertaken by the City of South Bend under the supervision of the Board of Public Works and Safety, the City Engineer and the Superintendent of the Street Department. Section 2. Definitions. Garbage. For the purpose of this ordinance, the word "garbage" is defined to be arery refuse accumulation of animal, fruit or veget- able matter that attends the preparation, consumption, decay, dealing in or with the storage of meats, fish, fowl, fruits or vegetables and all such kitche; or table refuse. Section 3. It shall be the duty of the City of South Bend to pick up, collect and dispose of all garbage at all residential units as herein set forth but providing that such garbage be placed in containers and receptacles as herein set forth. Industrial waste and trash and rubbish of all kinds, types and nature, other than that picked up by the City, may be picked up and collected only by such haulers as may be licensed by the City of South Bend as herein provided or as may be hereafter provided for by the Board. (1) Section ¢. Each owner, occupant, tenant or lessee of any building, house, or structure on grounds within the corporate limits of the City of South Bend, where garbage accumulates, shall provide a container or containers for such garbage of not less than ten (10) gallons capacity, nor more than twenty -five (25) gallons capacity. That said container shall be of a metal material, with a tight fitting lid or cover, and with handles sufficiently strong for workmen to empty conveniently, and no container shall, with contents, weigh more than sixty (60) pounds, and said containers shall be kept covered at all times; The Board of Health of the City of South Bend, shall be the final judge of the sufficiency of said container. Section 5. All accumulations of garbage, which shall be placed in said con- tainers, shall be securely wrapped to prevent its exposure to the air. Section 6. It shall not be the responsibility of the City of South Bend to collect or dispose of refuse of any kind, character, type or nature, except th garbage contained in containers, as provided in Section 4 above. It is the responsibility of the owners, tenants, or lessees to keep all alleys clean and Drderly at all times. n 7. It shall be unlawful to dump any garbage or household rubbish or of any type, kind or nature, within the City Limits of the City of South except in such areas as are designated by the Board of Public Works and of the City of South Bend as land -fill areas, and upon such terms and tions as may hereinafter be provided for, in this Ordinance, or which may enacted by the Board of Public ?dorks and Safety. action 8. The Board of Public Works and Safety shall have the authority to omulgate such rules and regulations as may be necessary to carry into feet the operation and intent of this Ordinance. The City Engineer of said ty of South Bend shall be responsible for the administration and carrying into fact of said Ordinance, except for certain duties herein delegated to other su rsons as may be hereafter set forth. (2) Section 9. The Board of Public Works and Safety shall have the authority to Purchase such equipment and employ such personnel as may be necessary to carryout the provisions and intent of this Ordinance, and also shall have the authority to lease, contract for, rent, or purchase the necessary.land to be used as land -fill areas. ARTICLE II - COLLECTION Section 1. The garbage shall be collected by said City of South Bend at least once a week on such days and during such hours'as may be designated by said Board of Public Works and Safety, and said collections shall be made from alleys, where it is possible or feasible, and in those areas where the collect', by way of alleys is not possible or feasible, as determined b-- the Board of Public Works and Safety, the collection then shall be made from such points an in such manner as may be hereafter designated by said Board of Public Works and Safety. Section 2. Said collection will be made of all garbage that is contained in said containers, and in no event shall said collectors pick up, rake or sweep up garbage or household rubbish or trash from the ground. Section 3. The collections of such garbage shall be made once a week by said City of South Bend, of such garbage that is contained in said containers, of all dwelling units in all private residences, duplex units, apartment houses; it is not the intent of this ordinance to provide for the collection of garbage from restaurants, hotels, grocery stores, meat markets or other types of corner cial establishments. Section 4. Said containers shall be placed at all times in such places as to b readily accessible for the removal or emptying by the City of South Bend, and shall be placed in such a manner and in such a place, that said containers will not constitute a public nuisance in any respect. Where alley collections are to be made, said containers shall be placed within five (5) feet of the alley line at the time and day of collection, but shall not at any time be placed within the limits of said alley itself. Tn those areas where, in the opinion (3) of the Board of Public ;forks and Safety, collection by alley is not practicabl or feasible, or in those areas where no alleys exist at all, then said con- tainers shall be placed for collection in compliance with the rules andregul- ations that may hereafter be adopted by the Board of Public ":forks and Safety. ARTICLE III - LICENSED HAULING AND DUT>PING Section 1. No person shall haul or collect any trash or rubbish of any kind, type or nature other than those who shall have obtained from the Contra ller of the City of South Bend, a license for the same, and no licensed hauler, or any other person within the City of South Bend, shall dump or dispose of any Barba household rubbish or trash of any kind, type or nature, except in those areas which shall be designated by the Board of Public Works and Safety as land -fill areas. Such person dumping in such land -fill areas may be charged a fee as ma be hereafter determined by said Board of Public Works and Safety; said in- dustrial waste, which may be accumulated in manufacturing, fabrication or construction by any industrial concern within the City of South Bend, may be dumped in said land-fill areas by any licensed hauler, or by any person acquir- ing a license for such purposes from the Controller of the City of South Bend, as is provided for in the Ordinances of the City of South Bend, and such in- dustrial waste shall be dumped only in those land -fill areas as are designated as land -fill areas by the Board of Public Works and Safety of the City of South Bend, and upon such terms and regulations as may be set forth by said Board of Public Works and Safety, or the City Engineer. Section 2. The violator of any term of this Ordinance, or of any regulation which may hereafter be enacted by the Board of Public Works and Safety, govern- ing the collection and disposal of garbage or trash shall be considered guilty of a misdemeanor, and shall be fined not less than Five Dollars ($5.00), nor more than Two Hundred Dollars ($200.00) or be imprisoned not exceeding six (6) months, or both, for each and every violation of this Ordinance, rule or regul- ation which may hereafter be enacted by said Board of Public Works and Safety in compliance with this Ordinance. (4) Section 3. Should any section, clause or provision of this Ordinance be declared by the Court to be invalid, the same shall not affect the validity of the Ordinance as a whole or any part thereof. Section 4. Any Ordinance, or part of an ordinance, in conflict with this Ordinance is hereby repealed. Section 5. In interpreting and applying the provisions of this Ordinance, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort and general welfare. Section 6. This ordinance shall be in effect from and after its passage, approval by the Mayor and legal publication. Member of the Common Council Ix & 2nd R ORR3 9d'a 7'33 DOW -rTEE r THE WHOLt PUSiID NE 1;s j--//— ,6'-j 3rd READN6 NOT A?PRO REFERRED PAULO