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Home My WebLink AboutAmending Chapter 16 to Provide Yard Waste Removal Soley from City Furnished Containers ORDINANCE No . 10401-15 Passed by the Common Council of the City of South Bend,Indiana November 23, 20 15 Attest: il rW` ' City Clerk JOHN VOORDE Attest: ``1•��ar, �' President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana November 24, 20 15 "c- „ t J City Clerk JOHN VOORDE ``--��--��QQ�� Approved and signed by me Vac. a i 20 is Mayer 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: Sec.16-8. Use of City-furnished refuse containers required; disabled customer exception; nonrecurring charge for new users; separation of yard waste; and required use of City-furnished yard waste containers; paper or other biodegradable bags. (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 provided it is placed in containers leased from the City. 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. As of April 1, 2016 Yyard waste shall not be placed in plastic bags for collection. Such yard waste shall be placed solely in containers leased from the City, or may be placed for special pick up only, in paper or other biodegradable bags.,er in other containers either furnished by the owner, occupant or lessee, or leased from the City, or n tly deposited in the tree . , . - - -: fed from any trash or garbage. Additionally, special pick up may be scheduled for any Ttree limbs and brush of a diameter of less than four (4) inches which shall be bundled together in lengths of forty-eight (48) inches or less,: or for Ttree limbs and brush in excess of these dimensions, or for large quantities of yard waste, excluding tree limbs in excess of six inches in diameter and stumps. 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 2, Section 16-8 (g) shall be and hereby is amended to read in its entirety as follows: (g) Commencing January 1, 2016 Tthe owner, occupant or .lessee of any single or multifamily dwelling who desires City service of weekly yard waste pick up and removal must may lease from the City a yard waste container with capacity for either forty-five (45) or ninety-five six (% 96) gallons of yard waste. The lease rate no matter which size container 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 may be responsible for the replacement of the container at actual cost. Yard waste not placed in containers leased from the City will not be eligible for weekly pick up and will be eligible only for special pick up scheduled by the owner, occupant or lessee of any single or multifamily dwelling. Section III. Chapter 16, Article 2, Section 16-8 shall be and hereby is amended to add a new subpart(h) to read in its entirety as follows: (h) The owner, occupant or lessee of any single or multifamily dwelling who desires special pick up of yard waste shall schedule such pick up with the City's Organic Resource Facility through the 311 Call Center subject to the following charges on a per month basis: (1) Up to one (1) cubic yard No charge; (2) Subsequent pick up(s) of up to one half(1/2) cubic yard ... $ 10.00 (3) Each cubic yard or more than one half(1/2) cubic yard thereafter 20.00 (4) Per Truckload (18 cubic yards) 420.00 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 shall not be delivered to the Organic Resource Facility in plastic bags. It shall be delivered either in paper or other biodegradable bags, in a loose condition or in a container furnished by the customer., all up to a maximum weight of thirty five 35 pounds. The 35 pound weight limit shall not apply if yard waste is delivered in a container leased from the City as provided in Section 16 8(g) of this Article; provided, however, that r3No matter how yard waste is delivered, all brush and tree limbs shall be cut in lengths not to exceed forty-eight (48) inches and shall be bundled. The Organic Facility cannot process and will not accept tree limbs in excess of six (6) inches in diameter or stumps. These items may be disposed of by landfill or in any other lawful Section V. This Ordinance shall be in full force and effect on January 1, 2016 conditioned upon adoption by the Council and apprival by the Mayor. nut_ risk wee Member, South Bend Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the 2--(t 4'1.1 day of fJ o n.m-.h,. , 2 31`, at 1 r lc- o'clock G . m. Deputy City Clerk Approved and signed by me on the ( day of )� , ,� ,2 0/5 ,at o'clock {m. Mayor, City oo S ut d, Indiana Fts6 Cr S n..l YCC (Sr READING `{y t Nov 99 2015 QUBLIC HEARING 11-2,34r- Q„t- SLAihrL-#..t 3,d READING iS_t4-T CtJ S S)r.;� PDT APPROVED ,FERRED kk it ,-� �,1 PASSED Il–ta-a G- S —4t4nA* TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 25-15 A BILL 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 Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with a favorable recommendation as substituted. This bill was heard by the Utilities Committee. Karen L. White Chairperson, Committee of the Whole