Ordinance 2015-16 Passed 1/5/2016

AUBURN – GARBAGE AND RUBBISH

CHAPTER 96: GARBAGE AND RUBBISH

		Section
	96.01
Definitions
	96.02
Duties of the Board of Works and Safety
	96.03
Collection
	96.04
Conveyances used for collection
	96.05
Retail and Commercial service
	96.06
Unlawful disposal of garbage and rubbish
	96.07
Recycling
	96.98
Violations
	96.99
Penalty

96.01 DEFINITIONS

BOARD OF WORKS

The Auburn City Board of Public Works and Safety.

DWELLING UNIT

A single residence, within the City of Auburn, which has one mailing address.

GARBAGE

Rejected wastes, rejected home products, including every waste of food, matter used or intended for food or that attends the preparation, use, cooking, dealing in food preparation. Other waste items intended to be disposed and authorized for regular disposal by the contract for services with the Garbage and Rubbish Collection for the City of Auburn, Indiana.

GARBAGE AND RUBBISH CONTAINERS

Sturdy plastic with capacity of up to 99 gallons for trash, rubbish, and / or for recycling purposes so as to allow for automated pickup.

RETAIL AND COMMERCIAL SERVICE

That service which is not residential in nature or which does not accommodate private individuals.

RUBBISH

Useless waste or rejected matter including, but not limited to, ashes, cans, metal ware, or any kind of type of refuse and / or discharge, excluding leaves, grass, weeds, construction material, electronics, lightbulbs, metal, rubber products not pertaining to household goods, or used on a regular basis in a household, plastics not pertaining to household goods, or used on a regular basis in a household, any hazardous waste.
Hazardous waste is waste that poses substantial or potential threats to public health or the environment, and/or is regulated under the Resource Conservation and Recovery Act (RCRA). Hazardous wastes are defined under RCRA in 40 CFR 261 where they are divided into two (2) major categories: Characteristic wastes and listed wastes.
Characteristic hazardous wastes are materials that are known or tested to exhibit one or more of the following four hazardous traits: ignitability, reactivity, corrosiveness, and or toxicity. Listed Wastes are set forth under 40 CFR 261.31 through .33 and are materials specifically listed by regulatory authorities as a hazardous waste which are from non-specific sources, specific sources, or discarded chemical products.

96.02 DUTIES OR THE BOARD OF WORKS AND SAFETY

A) Collection and disposal
The Board of Works is authorized and empowered to collect and dispose of or provide for the collection and disposal of residential garbage, rubbish and recycling within the City.

B) Rules and regulations
The Board of Works is authorized, to promulgate rules and regulations providing methods to be used in the storage, collection and disposal of all garbage, rubbish and recycling in addition to the provisions set forth in this section of the Auburn City Code.

C) Pricing of services
The Board of Works is authorized and empowered to determine and fix a fair and reasonable charge to be made against every residential owner, occupant or lessee of property, and by rules and regulations of the Board to establish a method of collection and assessment of these charges. The operation of collection of rubbish, garbage and recycling shall be supported by a monthly charge to each residential utility customer, and a per-container charge, for containers above the weekly limit set in these regulations both as established by the Board of Works. Both charges may be amended annually by the Board of Works.

96.03 COLLECTION

A) Garbage and rubbish containers
The containers to be used by occupants of dwelling units for the disposal of garbage and rubbish shall be sturdy plastic garbage containers with a capacity of up to 99 gallons.

Trash containers must be approved by the City contractor so as to allow for automated trash pickup. Tags may be purchased from the City Clerk-Treasurer for the purpose of picking up additional trash greater than the 99-gallon capacity. Large items or special disposal items may be disposed of with purchase of an authorized tag from the City Clerk-Treasurer.

B) Pick up

1)	Residential garbage, rubbish and recycling shall be picked up once per week. Containers from each dwelling unit are to be placed within three feet of curb, not in the street, no sooner than 24 hours prior to scheduled pick up.
2)	Items placed at curbside more than 24 hours prior to pick up, and items placed in the street, shall be construed as litter and could subject the responsible party to penalties prescribed by the Auburn City Code.

C) Covering
All residential garbage, rubbish and recycling shall be placed in an approved container that is closed so as to avoid scattering of contents by animals or other means. No person shall carry, on any vehicle or any carrier of any kind, upon any street or alley within the City, any garbage or rubbish without a covering; this would prevent littering of the contents along the City streets or alleys.

96.04 CONVEYANCES USED FOR COLLECTION

A) Conveyances
The collection and transportation of all garbage and rubbish shall be done in strict accordance with this chapter. All conveyances used in the collection and transportation of garbage and rubbish shall be watertight at the bottom and sides so that no drainage is permitted and the top shall be covered to eliminate flies and keep the garbage and rubbish from falling from the vehicle or conveyance. The conveyance shall be completely covered so that the garbage and rubbish are not blown or scattered on the streets or area adjacent to the streets over which the hauling is done.

B) Rules and regulations
The collection and conveyance of garbage and rubbish shall be governed by the laws, rules, and regulations of the United States, the State of Indiana, the County of DeKalb, and the City of Auburn.

96.05 RETAIL AND COMMERCIAL SERVICE

Garbage, rubbish and recycling collection service for any retail or commercial establishment is not governed by these regulations.

96.06 UNLAWFUL DISPOSAL OF GARBAGE AND RUBBISH

It shall be unlawful for any person, firm, or corporation to dispose of residential garbage and rubbish other than as provided in these rules and regulations, which are made pursuant to authority from the Common Council by ordinance or the Board of Works by rule.

96.07 RECYCLING

For the purpose of recycling a container capable of filling up to 99 gallons of recyclable materials with the ability to collect said items by automated pick-up.
The following procedures shall apply to recycling: Please rinse all containers. Remove lids from containers and recycle them loosely in your cart. Labels do not need to be removed.

Glass Bottles and Jars: Recycle brown, green and clear glass.

Plastics: Recycle plastics #1 thru #7 and Styrofoam. Look on the bottom of containers for a number inside the recycling arrows.

Metal Cans, Aluminum Foil, and Aluminum Foil Pans: Recycle all food and beverage metal cans – steel, tin, bi-metal and aluminum.

Cardboard, Newspaper and Magazines: You can also include newspaper inserts, catalogs, paperback books, phone books and brochures.

Paper Food Containers: Recycle food boxes including juice boxes, egg, ice cream and milk cartons, cereal and pasta boxes.

Paper: Recycle envelopes, office paper, junk mail, greeting cards, and file folders. Shredded paper should be put in a paper bag.

Do NOT Recycle: Plastic bags, plastic food wrappers, plastics without numbers, greasy food containers, food or liquid waste, yard waste, construction debris or scrap metal, hazardous waste, electronics, cables or batteries, diapers, tissue or biohazardous waste, light bulbs, ceramics, dishes or mirrors, hoses, toys, clothes, shoes, tools, plastic straws and to-go lids, and/or holiday decorations.

Christmas Trees: Will be collected during two (2) days in January usually Saturdays. Said dates will be set by the City of Auburn, Indiana.

96.98 VIOLATIONS

A violation of this chapter shall be construed as willful or negligent failure to abide by the rules and regulations contained within this chapter.

99.99 PENALTY

Any person or persons found to be in violation of any part of this chapter shall be fined no more than $100.00 per violation. Each day the violation occurs shall be considered a separate violation. Such penalty shall be paid to the Clerk-Treasurer of the City of Auburn, Indiana. Failure to pay said penalty shall subject the violator to civil collection in a court of competent jurisdiction and possible suspension of services as determined by the Board of Works.

Ordinance 2015-16 Passed 1/5/2016