132-17 - Winamac Ordinance 7 of 2017

An Ordinance Regulating the Use of the
Town Dump of the Town of Winamac, Indiana

Ordinance No. 7 of 2017

WHEREAS, the Town of Winamac (the “Town”) maintains a location at the northeast corner of 200 West and 50 North, more commonly referred to as the “Town Dump,” for the purpose of allowing Town residents to deposit unwanted branches, grass, and approved waste; and

WHEREAS, it has come to the Town Council of the Town of Winamac’s (the “Town Council”) attention that certain Town residents, and other users, have been depositing other forms of refuse at the Town Dump, including, but not limited to, trash, building materials, tires, furniture, and other non-approved waste; and

WHEREAS, the Town Dump is not equipped to handle these other forms of refuse; and

WHEREAS, it is in the best interest of the health and safety of the Town residents that a uniform policy be adopted, and that penalties be established and assessed against violators of this Ordinance regarding the dumping, accumulation, and disposal of this non-approved waste.

NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Winamac, Indiana, that this Ordinance Regulating the Use of the Town Dump of the Town of Winamac, Indiana, is hereby adopted as follows:

Section I.

Definitions

1. Definitions. The following Definitions shall apply whenever used in this Ordinance:

(a) “Approved Waste” shall mean branches, grass, and other forms of plant material that constitutes yard waste. This specifically EXCLUDES all other forms of waste, including, but not limited to, trash, building materials, tires, furniture, metal, rubber, and all other forms of man-made waste.

(b) “Town Dump” shall mean the property located at the northeast corner of 200 West and 50 North, and maintained by the Town for use as a location for the dumping of Approved Waste. 

Section II.

Prohibited Dumping and Fines

1. Approved Waste Only. No person shall throw, place, deposit, or cause to be thrown, place, or deposited at the Town Dump any form of trash, refuse, rubbish, or any other item whatsoever, EXCEPT FOR Approved Waste.

2. Fine. Any person or entity that violates any of the provisions of this Ordinance shall, upon conviction, be subject to a fine of Five Hundred Dollars ($500.00) per offense. A separate offense shall be deemed committed upon each day during which a violation occurs, or continues without the violating party curing such violation, subject to the following procedure:

(a) Each violator shall be given written notice of his or her violation, with an opportunity to cure such violation within Forty-Eight (48) hours after such violation has been found to have occurred.

(b) If said violator fails to cure such violation, he or she shall be assessed a Five Hundred Dollar ($500.00) fine for each day beyond the Forty-Eight (48) hour window mentioned in Section 2(a). Each day and each offense constitutes a separate violation of this Ordinance.

3. Conflicting Ordinances. All ordinances and parts thereof in conflict with this Ordinance are hereby repealed.

Section III.

Effective Date

1. Effective Date. This Ordinance shall become effective thirty (30) days after notice of the adoption shall have been published in a paper as described in Indiana Code § 5-3-1-4.

PASSED AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF WINAMAC, INDIANA, THIS 10th DAY OF JULY, 2017.

THE WINAMAC, INDIANA, TOWN COUNCIL:

Tom J. Murray, President; Dan Vanaman, Council Member; Alvin R. Parish, Council Member; Judy Heater, Council Member; James Watkins, Council Member

ATTEST: Melanie A. Berger, Clerk-Treasurer

132-17G 07/19