The City of New Castle, Indiana

ORDINANCE NO.3583

AN ORDINANCE AMENDING CHAPTER 95 OF TITLE 9

OF THE NEW CASTLE CITY CODE

     WHEREAS, City of New Castle has altered its method of collecting trash and garbage; and,

     WHEREAS, several of the provisions of Chapter 95 of the New Castle City Code are no longer applicable to those trash collection practices, and should be changed and updated.

     NOW THEREFORE BE IT ORDAINED by the Common Council of the City of New Castle that Chapter 95 of Title 9 of the New Castle City Code shall be amended as follows:

I.   Sections Repealed:

     The City Council hereby repeals Section 95.15, 95.17, 95.27(a), 95.29, 95.30.

II.  Provisions added to Chapter 95 of Title 9 of the New Castle City Code:

A.   The City of New Castle shall collect trash and garbage on a weekly basis from single-family dwellings located on a public right-of-way.  A single-family dwelling is defined as "a detached building designed for and occupied by one family exclusively."

B.   The City of New Castle shall collect trash and garbage on a weekly basis from two-family dwellings located on a public right-of-way.  A two-family dwelling is defined as "a detached building designated or occupied by two families."  This would include a duplex dwelling, a dwelling which has one family unit above another, and a double dwelling unit which has one family unit beside the other.

C.   The City of New Castle shall collect trash and garbage on a weekly basis from multi-family dwellings where such dwellings consist of four or fewer families and are located on a public right-of-way.  A multi-family dwelling is a building designed for or occupied by more than two families, exclusively for dwelling purposes.  This definition includes condominiums and cooperatives.

D.   The City of New Castle shall collect trash and garbage on a weekly basis from not-for-profit organizations provided said organizations utilize City approved trash and garbage collection containers at their cost and are able to locate those containers pursuant to City instruction.  A not-for-profit organization is an organization which has been organized and operates as a not-for-profit organization under the laws of the State of Indiana and/or under the laws of the United States Government or Internal Revenue Service.  This would include, but not be limited to churches, charitable organizations, and civic organizations.  It does not include governmental buildings, schools, fraternal organizations, social clubs, or professional or trade organizations.  Nothing herein shall prohibit the City from collecting trash and debris at buildings, locations, parks and offices which it owns or operates.

E.   Absent a contractual arrangement to the contrary, the City of New Castle shall not collect trash or garbage from any entity not referred to in Sections A, B, C and D above.  This would include but not be limited to the following:  business or commercial activities commonly located in a C-1 or C-2 zoning district as those districts are defined by the New Castle City Code; industrial facilities and manufacturing facilities or any other use which must be located in an industrial zoning district as those districts and uses are defined in the New Castle City Code; multi-family dwellings containing more than four units for rental purposes; governmental concerns; schools; physicians offices; dental offices; hospitals; boarding houses; and structures not located on a public right-of-way.

F.   The term "public right-of-way" referred to hereinabove and throughout this Section shall mean any street, road, highway or alley which has been dedicated and improved and is currently used by the public as a right-of-way.  As stated herein this would include highways, roads, streets, and alleys.

G.   Mobile homes which are used as single-family residences and are lawfully located on real estate adjacent to a public right-of-way meet the definition of single-family dwelling referred in paragraph II(A) above.  Such residences shall be entitled to weekly trash pick up in the same manner as all other single-family residences.

H.   Nothing herein shall prevent the City from entering into contractual relationships with third parties, one purpose of which is to provide trash collection services to those third parties for proper consideration by the third parties to the City for such service.  However the City has no obligation to enter into any such contract with any third party and the City shall only do so if it determines that it is its best interest to engage in such an arrangement.

I.   All scheduled and timing of trash collection referred hereinabove by the City shall be subject to delay or change due to weather, holidays, equipment availability or failure and manpower.  Further, such collection may be suspended due to natural or man made emergencies or disasters.

III.      Trash containers.

A.   The City of New Castle shall determine the type, style, nature and size of trash container to be used by those wishing to utilize weekly City trash collection services.  The City shall on or before December 31, 2009, provide all those authorized to utilize the City trash collection services with one ninety-six (96) gallon container (hereinafter "toter").  Upon request an additional forty-eight (48) gallon container shall be available to residents at no additional cost.  Those containers shall be the property of the City of New Castle.  Any additional trash containers or subsequent trash containers acquired by those utilizing City services shall be rented for a fee to be determined by the Board of Public Works and Safety. 

     Only those containers approved and provided by the City will be emptied under the provisions of this ordinance

B.   Container Collection Location.

     City of New Castle shall designate the day of the week (said day may be changed by the City due to holidays, emergencies, or other causes) and the placement location of trash containers on City right-of-ways.  On the day of the week designated, a person desiring to have their container emptied by the City shall locate their trash container at the designated location.  Except for delays due to inclement weather or holidays, all containers shall be placed for collection not earlier than the evening prior to collection, nor later than the normal pick up time on the collection day.  Except for delays due to inclement weather or holidays, all containers shall be removed from the collection site on or before the evening on the day the collection service has been performed. Containers that remain at the collection site for more than 24 hours after collection will be considered abandoned and will be retrieved by the City.

C.   Trash and garbage not placed in a City approved "toter" provided by the City and positioned at the site designated by the City shall not be collected by the City of New Castle and must be removed by the property owner at his or her expense.  All trash must be placed inside the "toter".  Cardboard boxes must be broken down and be placed inside the "toter".  The "toter" lid must close and trash should not be place on top of "toter" lids or overflow the "toter".

D.   The City shall not collect more than four (4) toters from any single residential user without assessing an additional charge to be determined contractually between the City and the user.  That additional charge shall be determined based upon the cost incurred by the City.

IV.  Leaves and Yard Waste.

A.   General Rules. Leaves and yard waste must be bagged and placed in a "toter" consistent with the rules set out hereinabove.

B.   Brush.  Brush and limbs collected and cut by the owner of the residence and not a third-party contractor must be cut and placed at curbside.  Arrangements must be made by contacting the City Street Department for the pick up of such materials on an individual basis. 

C.   Autumn Leaf Removal.   Between October 1 and December 31 each year, leaves may be raked to the curbside to be vacuumed by the City, or bagged and placed at curbside for manual pick-up by the City. The City shall coordinate the activities and responsibilities of the Water Pollution Control Department and the Street Department with regard to leaf removal.

V.   Heavy Trash.

A.   The City shall not collect tires, batteries, toxic materials, poisonous materials, materials that create an environmental hazard as determined by the Environmental Protection Agency and the Three Rivers Solid Waste District.  These items shall be disposed of properly at such times as designated by the Solid Waste District, such as "Tox Away Day", or at the property owner's expense.

B.   Other heavy trash items will be removed on specific dates announced by the Street Department not more often than monthly, on an individual basis from owner occupied residential property at no additional cost. The owner must contact the City Street Department and make arrangements for the removal of such items.  Heavy trash placed at curbside in opposition to this ordinance will be considered litter and may be cited by the City.