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HomeMy WebLinkAboutD-2065-11 Mandating Recycling Service As AmendedORDINANCE D- 2065 -1.1 AS AMENDED SPONSOR(S): Councilor Sharp AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, REQUIRING THE COORDINATION OF SOLID WASTE COLLECTION AND DISPOSAL SERVICES AND MANDATING RECYCLING SERVICE WHEREAS, the City of Carmel, Hamilton County, Indiana, is a duly formed municipal corporation within the State of Indiana, governed by its duly elected Mayor (the "Mayor and the Common Council (the "Council and, WHEREAS, it is the responsibility of City governrnent to investigate and initiate those measures that are beneficial to the citizens of the City; and. WHEREAS, Indiana law permits the City to control and regulate the provision of utility service, including the provision of solid waste disposal; and WHEREAS, the City is charged with protecting and providing for the health, safety, and welfare of the community; and WHEREAS, the City anticipates selecting a single contractor "City Contractor to provide solid waste collection and disposal service on behalf of the City; and WHEREAS, certain residents have "opted -out" of the City's service and intend to obtain service from a provider other than the City Contractor; and WHEREAS, the City seeks to mandate cooperation and coordination between all waste collection and disposal providers in an effort to minimize traffic, improve safety, and avoid excessive and unnecessary use of its roads by trash hauling vehicles; and WHEREAS, the City believes that recycling would be beneficial to, and enhance the health, safety, and the welfare of, its citizens; and WHEREAS, the City desires to mandate that each provider of solid waste collection and disposal service include recycling in its regular service. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana as follows: Section 1. Recitals. The foregoing recitals are incorporated herein by reference. Page One of Three Pages VERSION A 11/14/11 Utilities, Transportation and Public Safety Committee This Ordinance was prepared by Douglas C. Haney, Carmel City Attorney, on 10/14/11 at 11:52 a.m.. No subsequent revision to this Ordinance has been reviewed by Mr. Haney for legal sufficiency or otherwise. Section 2. Definitions. The definitions set forth in Ordinance No. D- 2030 -11 shall be incorporated herein by reference. Section 3. Cooperation and Coordination Between Providers. As a condition to providing service within the City, all providers must cooperate and coordinate with the City Utility Department and City Contractor in an attempt to reduce the days on which trash removal vehicles are operating on City streets. Specifically, this coordination and cooperation shall result in an agreement between all providers whereby the providers agree to perform trash collection service within the City on the same days as the City Contractor. The City has final approval through the Department of Utilities Director or his /her designee on how and when service will be provided within the City, and the City can require that trash collection service be provided on certain days within certain geographical regions of the City. Section 4. Mandatory Recycling. Any person or entity that offers weekly or bi- weekly residential solid waste collection and waste disposal service within the City's municipal limits shall also offer Recycling as part of its regular service. Such providers must offer the collection of recycling from each qualifying Residential Unit at a minimum of once every two (2) weeks. The collection of recycling shall be curbside with the exception of those planned unit developments (i.e., "PUD and old town Carmel homes where alley facing garages necessitate alley pickup. The providers shall supply all containers required for Recycling. Section 5. Penalty for Non Compliance. When the City finds that a provider has violated, or continues to violate, any provision of this Ordinance, the City may fine the provider in an amount not to exceed Twenty -Five Hundred Dollars ($2,500) as provided by Indiana Code 36- 1-3-8. Such fine shall be assessed on a per violation basis. Unpaid fines shall after sixty (60) calendar days be assessed an additional penalty of ten percent (10 of the unpaid balance and interest shall accrue at a rate of 1.8% per month. The City may recover any and all court costs, including but not limited to, reasonable attorneys' fees that are incurred in recovering the fines assessed herein. Section 6. Inconsistent Ordinances; Severability. All prior Ordinances or parts thereof inconsistent with any term or provision of this Ordinance are hereby repealed. If any one or more of the terns or provisions of this Ordinance shall be deemed by a court of competent jurisdiction to be contrary to law, then such term or provision shall be deemed severable from the remaining terms and shall in no way affect the validity of the other provisions of this Ordinance. Section 7. Effective Date. This Ordinance shall become immediately effective upon its adoption and publication of notice as required by law. ADOPTED by the Common Council of the City of Carmel, Indiana this .2 i s+ day of NOJte', 2011, by a vote of G. ayes and I nays. Ordinance D- 2065 -11 Page Two of Three Pages VERSION A 11/14/11 Utilities, Transportation and Public Safety Committee This Ordinance was prepared by Douglas C. Haney, Carmel City Attorney, on 10/14/11 at 11:52 a.m.. No subsequent revision to this Ordinance has been reviewed by Mr. Haney for legal sufficiency or otherwise. riding Officer W. Eric Seid nsticker, Presid ro Tempore O PPoSe: John V. Accetturo onald E. Carter ATT Diana L. Cordray, IAMC, C1 ATTEST: Diana L. Cordray, IAMC, Clerk -Treas COMMON COUNCIL FOR THE CITY OF CARMEL reasurer Ordinance D- 2065 -11 Page Three of Three Pages VERSION A 11/14111 Utilities, Transportation and Public Safety Committee Presented by me to the Mayor of the City of Carmel, Indiana, thisa day of 1'4 oai• M6e1 2011, at 1 3 t a O'clock, l M. Diana L. Cordray, IAMC, Clerk-Tr antler S Approved by me, the Mayor of the City of Carmel, Indiana, this day of 1•1 '6■1e m \Oc 2011, at a ka- O'clock, M. ies Brainard, Mayor This Ordinance was prepared by Douglas C. Haney, Carmel City Attorney, on 10/14/11 at 11:52 a.m.. No subsequent revision to this Ordinance has been reviewed by Mr. Haney for legal sufficiency or otherwise.