Chapter 10
GARBAGE, RECYCLING, REFUSE AND RUBBISH

Sec. 10-1. Purpose.
The purpose of this chapter is to eliminate unhealthy, unsanitary and unsightly conditions in the Town caused by the deposit and accumulation of refuse, garbage and rubbish, and at the same time, in so far as practicable, to limit the volume or bulk of the refuse, garbage and rubbish which the Town or its collector will be required to pick up and remove, thereby keeping at a minimum the equipment and labor which the Town or its collector will require for these purposes.

Sec. 10-2. Definitions.
The following terms are defined as follows with respect to the provisions of this chapter:

A. Container means a container for the storage of garbage, refuse or rubbish, which is:

     2.  Watertight,

     3.  Substantially made of galvanized iron or other non-rusting material, and

     4.  Of a size that may be conveniently handled by the collector.

B.  Garbage includes animal, fruit, vegetable and other waste resulting from the preparation of food and drink.

C.  Recycling material includes but is not limited to newspapers, aluminum, tin, metal cans, glass, and plastic containers.

D.  Refuse includes all garbage, rubbish, ashes, or other substances offensive to sight or smell, dangerous to the public health or detrimental to the best interests of the community, except dead animals.

E.  Rubbish includes all other refuse not falling within the term "garbage," except those objects too large to be placed in cans.

Sec. 10-3. Containers to be provided by owners or occupants of premises.
All premises where garbage, refuse or rubbish accumulates shall, by the owner or occupants thereof, be provided with a container or containers for the storage of such refuse, garbage and rubbish. Such containers shall be kept covered and reasonably clean at all times. They shall be placed alongside of, but not in, the alley or street along which the refuse truck will travel to collect the same and in a position readily accessible to the collector, or at such other locations as the Street Commissioner shall designate.

Refuse containers shall not be placed outside of the residence for pick up earlier than one (1) day prior to the scheduled pick up day. Refuse containers shall not be left out more than one (1) day after the scheduled pick up day.

First time violations of this section shall be prosecuted through the Ordinance Violations Bureau.

Sec. 10-4. Garbage, etc., to be stored in containers.
No person shall permit garbage, refuse or rubbish to accumulate upon premises owned or occupied by him unless it is stored and kept in containers.

Sec. 10-5 Removal of refuse too large to fit in containers.
In addition to refuse, garbage and rubbish placed in containers, the Town or its collector will pick up and remove such other types and classes of refuse, too large to be placed in containers, as would ordinarily be accumulated by an average family living on the ordinary lot or plot of ground, provided such refuse is neatly piled or stacked in a convenient place to be picked up, in a manner so that the same may be easily handled and is compressed in bulk. If the owner or occupant of any such premises desires for the Town to pick up any wooden boxes, paper boxes or cartons, or brush, he shall break up and compress the same to as small a bulk as practicable and cut such into lengths not exceeding four (4) feet. All other out of the ordinary accumulations of refuse, such as those resulting from the operation of a business or from construction repair or remodeling work shall be removed or disposed of by the owner or occupant of the premises at his own expense and shall not be handled by the Town.

Sec. 10-6. Owners, occupants to keep premises free from unreasonable accumulations.
It shall be the duty of all owners and occupants of premises in the Town to keep the same free at all times from unreasonable accumulations of refuse, garbage and rubbish.

Sec. 10-7. Special pickups.
At the request of the owner and upon payment of the schedule of rates established by the Town or its collector, additional items shall be picked up.

Sec. 10-8. Recycling containers and contents.
As used in this section, the term "recycling containers" shall mean eighteen (18) gallon yellow plastic containers stamped as "City of Chesterton" or "Town of Chesterton" and issued by the Town to its residents for the purpose of holding recyclable items.

Town recycling containers are the property of the Town and are to be used for the sole purpose of housing recyclable items. The contents within said containers become the property of the Town at the time the same are placed at the curbside for collection.

It shall be unlawful for any person, firm, corporation or business, other than the successful bidder under contract with the Town for removal of recyclable items, to remove any items in or adjacent to the Town recycling containers, including, but not limited to, newspapers, aluminum cans, plastic jugs and glass bottles or containers.

Sec. 10-9. Dumping of grass clippings; recycling sites.

Sec. 10-10. Pickup, disposal and recycling charges; addition to sewer rates and charges.

B.  Contract for service by Town.
The garbage pickup and disposal service, including recycling, to be provided shall be done by contract on an annual basis or upon any other time interval deemed appropriate by the Town Council to an outside entity that as a regular part of its business performs the task of garbage pickup and disposal including recycling pickup and disposal.

C.  Service costs and charges.
The charge for garbage pickup and disposal including recycling pick up and disposal shall be ten dollars fifty cents ($10.50) per month per residential household served. This contract price to the Town which was let in accordance to public bidding laws for garbage pickup and disposal, including recycling, incidental costs associated with the providing of the aforementioned services and other factors the Town Council deems necessary, including assisting the defraying of some of the costs for composting, brush and leaf pickup in residential areas. The ten dollars fifty cents ($10.50) per month charge per residential household served is mandatory for all residential households contained in structures that have four (4) or less separate residential units in the Town. Units that are unoccupied for thirty (30) or more continuous days and for which the owners of said units give written notice to the Town prior to the units being unoccupied for said time frame, shall be exempt from the charge provided for in this section for each full thirty-day (30) period that the unit is continuously unoccupied. In the event a unit is unoccupied for only a portion of a thirty-day (30) time period, there shall be no prorating of the exemption provided above and the full monthly charge shall apply. All charges assessed in accordance with this section are the ultimate responsibility of the owner of the property served.

D.  Billing and payment.
The payment shall be invoiced and included with the bi-monthly sewer and utility bill. As provided for by I.C. 36-9-23-31, all rates and charges that are not paid within twenty (20) days from and after the billing date are declared delinquent and a penalty of ten percent (10%) of the amount of the rates and charges shall attach thereto. The amount of the rates and charges, the penalty and a reasonable attorney's fee may be recovered by the Town in a civil action in its name. Additionally, payments and/or penalties that have been due and unpaid for at least ninety (90) days may be filed as a lien against the real property in accordance with I.C. 36-9-23-33.

E.  Deposit of fees into Town fund.
All fees collected pursuant to this section, less the amount paid to the Chesterton Utility for billing and collection, shall be deposited in the Town General Fund and shall be used exclusively to defray the expense of providing the services set forth in this section, including administrative costs in accordance with IC 36-9-23-25.