Ordinance No. 1051

WHEREAS, pursuant to Indiana Code § 36-9-30-5, the Town of Speedway, Indiana (the "Town") is authorized to contract for the collection or disposal of solid waste; and
WHEREAS, the Town desires to provide for the public health and welfare of its residents by the collection and disposal of solid waste; and
WHEREAS, pursuant Indiana Code § 36-9-30-21 and § 36-1-3-8(6), the Town may impose service charges or fees for the collection and disposal of solid waste so long as such charges or fees are reasonable and just for such services.

NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF SPEEDWAY, INDIANA, as follows:

SECTION 1. Section 6.34.010 of the Speedway Municipal Code (the "Code") is hereby repealed.

SECTION 2. Title 6 of the Code is hereby amended by adding Chapter 6.35 as follows:

"6.35 Trash Collection.

6.35.010 Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Garbage means all putrescible animal solid and vegetable solid wastes resulting from the processing, handling, preparation, cooking, serving, or consumption of food or food materials.

Trash means all non-petrescible solid waste, including ashes, paperboard, paper, rags, small pieces of metal and wood, excelsior, rubber, leather, crockery, and other waste materials that ordinarily accumulate around a home. It shall not include garbage, bulk refuse, dead animals, hazardous materials, industrial waste, or building waste resulting from the operations of a contractor or other commercial business.

Residential Dwelling Unit means a single family dwelling unit or a single dwelling unit containing no more than four (4) family living units on a single parcel of land.

6.35.020 Collection of Trash; Fees.

(a) No person shall place within the Town any garbage or trash in any street, alley or other public place or upon any private property, whether owned by such person or not, except in proper containers for collection or under express approval granted by the enforcement officer designated by the Town.

(b) No person shall cast, place, sweep or deposit within the Town any garbage or trash in such a manner that it may be carried or deposited by the elements upon any street, sidewalk, alley, sewer or other public place.

(c) Every owner, occupant and tenant of any building, house or structure on grounds where garbage or trash accumulates shall provide for the collection and disposal of said items in order to prevent the unsanitary accumulation thereof.

(d) The Town shall provide for collection and disposal of garbage and trash from all residential dwelling units within the Town no less than one time each week.

(e) The Town shall charge for the collection and disposal thereof as provided in Section 6.35.020.

(f) It is the responsibility of every owner, occupant or tenant to provide a proper system of disposal of garbage and trash for all commercial, retail, industrial, professional, apartment, institutional, church or governmental units. The Town shall have no obligation to collect and dispose of any garbage or trash of any commercial, retail, industrial, professional, apartment, institutional, church or governmental units.

(g) The Town shall establish all routes for collection and shall be authorized to establish reasonable rules and regulations pertaining to said collection.

(h) Garbage and trash shall be placed back of the curb or sidewalk. Where collection is made in the alley, containers shall be placed back on the property and not in the alley.

(i) All garbage and trash shall be in containers equipped with either a bail or handles or in plastic bags. No single container or bag shall exceed 50 pounds.

(j) In addition to any other remedies, pursuant to Indiana Code § 36-9-30-21(j), if the fee is not paid within 30 days after its is due, the Town shall have the right to bring a civil action to recover any delinquent charges together with a penalty of ten percent (10%) and reasonable attorney's fee.

6.35.020 Charges; Billing.

Each residential user shall be charged a monthly amount of $7.00 for garbage and trash collection based on the per residence cost of the contractor who is awarded the contract to collect and dispose of garbage and trash, plus an administrative charge to cover the Town's cost of billing and collection. The garbage and trash collection fee shall be added as a separate item to each residential property owner's monthly utility bill, and shall be billed and collected by the Town.

Regardless of how payments may be designated, partial payments of a combined water, trash collection, recycling and sewer bill shall be applied first to the water bill, second to the trash collection bill, third to the recycling bill and last to the sewer bill. A copy of this ordinance shall be kept on file in the office of the Clerk-Treasurer of the Town."

SECTION 3. Following a public hearing as required by Indiana Code § 36-9-30-21(f), and upon adoption by the Town Council of the Town, this ordinance shall be in full force and effect. All prior Ordinances or parts thereof which may be inconsistent with any provision of this Ordinance are hereby repealed.

PASSED AND ADOPTED by the Town Council of the Town of Speedway, Indiana this 27th day of March, 2006.