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     WHEREAS, several of the provisions of Chapter 95 of the New Castle City Code are no longer applicable to those trash collection practices, and should be changed and updated.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I.   Sections Repealed: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

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 three 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.

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 such container.  That container shall be the property of the owner of the real estate.  Any additional trash containers or subsequent trash containers acquired by those utilizing City services shall be purchased for a cost to be determined by the Board of Public Works and Safety.  That cost shall be an amount equal to the cost of the City in acquiring and delivering said trash container to the user.  (The cost of the trash container in years 2009 and 2010 for a 96 gallon container is $60.00 and for a 48 gallon contain is $54.00.)  Any container so purchased shall be the property of the purchaser.

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.  All containers shall be removed from the collection site within 12 hours after the collection service has been performed. (See New Castle City Code §95.25.)

C.   Trash and garbage not placed in a City approved container 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.