Section 36-7-10-3 Weed Control


(a) The City herby adopts Indiana Code 36-7-10-3.


(b) The City may enforce the provisions of this State law and require owners of property to cut and remove weeds.


(c) Weeds and noxious vegetation shall become subject to this Code section if permitted to grow to more than eight (8) inches in height.


(d) This Code section shall apply to all property owned or leased by any person, including the lot area, curb space, and sidewalk area abutting any real estate.


(e) Any person who violates any provisions of this Code section shall be deemed to have committed an ordinance violation and, upon conviction, shall be fined not more than Three Hundred Dollars ($300.00). Each day a violation continues shall constitute a separate offense. This fine shall be in addition to the cost collection procedures set forth in Indiana Code 36-7-10-3.


Section 36-9-30-12 Waste Disposal


(a) The purpose of this Code section shall be to promote the health and general welfare of the people of the City by prohibiting the throwing , casting or depositing of litter in or upon any private or public property within the City limits and providing for the collection thereof.


(b) For purpose of this Code section, litter shall include, but not limited to, ashes, filth, boards, slop, cinders, old tires, sawdust, wood or metal shavings, rubber, lumber scraps, boxes, barrels, crates, cans, bottles, cartons, papers, trash, rubbish, debris, garbage, manure, grass cuttings, tree limbs, discarded food, clothing, or any other offensive or disagreeable substance thrown, cast, dropped, discharged or deposited by anyone in or upon public or private property, including streams and water courses.


(c) Litter Removal. No person shall permit the gutters, sidewalks, or alleys contiguous to the property to become littered. No person shall sweep, throw, cast or otherwise place or deposit litter of any kind in or upon any curb, gutter, street, alley boulevard, highway, right of way, viaduct, sidewalk, vacant or occupied lot, vacant building, pond, stream or water courses.


(d) CLEANING OF SIDEWALKS. The owner or occupant of any real estate shall maintain the sidewalk. lawn space and that portion of the street lying between the curb line and the property line, in good repair and free from litter. The owner or occupant shall not sweep or otherwise move litter from sidewalks into the gutters or streets.


(e) LITTER FROM VEHICLES. No person within a vehicle shall throw , cast, place, drop, spill, or deposit litter upon any private or public property.


(f) GARAGE RECEPTACLES


(g) No person shall convey or haul over the streets, alleys or public places of the City any litter unless the truck or vehicle has a bottom with tight fitting ends, sides and bottom, properly closed and tight fitting, and covered with a lid, screen, wire mesh, tarpaulin or other cover which is sufficient to prevent its contents from falling or blowing upon the streets, alleys or other public places in the City.

(h) No person shall dump, deposit or place any litter on City property, including the places or place commonly known as the City landfill, whether within or without the corporate limits of the City, except at the times and in the manner and in the places designated fro dumping and placing of litter or other materials by the City Street Commissioner or by the duly authorized and appointed City Property Custodian.


(i) BURNING


(1) No person shall burn or cause to be burned in the open air outside of a dwelling house of other building any litter in the area south of the centerline of North "A" Street, north of the centerline of South "A" Street, west of the centerline of 4th Street, and east of the centerline of Broadway Street, unless litter is burned in an incinerator of such type and construction as shall prevent any burning ash or embers from it from flying or scattering and becoming a fire hazard and endangering surrounding property to damage by fire.


(2) Any incinerator used for burning of any litter shall be constructed of metal, cement, brick, stone, or other non-combustible materials, and covered with a screen of sufficiently small mesh that shall prevent any burning ash or embers to escape, fly, or scatter from it and create a fire hazard and endanger surrounding property to damage by fire.


(3) The incinerator and the immediate areas surrounding the incinerator shall be kept clean and sanitary condition free of litter and combustible materials that would create a fire hazard and endanger surrounding property with damage by fire.


(4) The incinerator used shall be subject to inspection by the Chief of the Fire Department. If any such incinerator is declared unsafe and a fire hazard by the Chief of the Fire Department, the incinerator shall not thereafter be used for the burning of combustible material. The Chief of the Fire Department may designate and authorize any member of members of the City Fire Department to make such incinerators as contemplated by this Code section.


(j) WASTE DISPOSAL SERVICE


(1) A Charge of Ten Dollars & Twenty Cents ($10.20) per dwelling unit per month shall be made for the Collection and disposal of litter.




Ordinance No. 4, 1995


AN ORDINANCE DEFINING ABANDONED AND JUNK VEHICLES, DECLARING JUNK VEHICLES A NUISANCE, PROVIDING FOR REMOVAL THEREOF, AND PROVIDING PENALTIES FOR NON-COMPLIANCE


SECTION 1. Purpose: The Common Council of the City of Gas City recognizing the existence of abandoned and junk vehicles in the yards of residences with the City of Gas City, Indiana, and in open lots and those encroaching upon the right-of-ways of streets, alleys, and highways within the City, and the Common Council being desirous to obtain and enforce the removal of such vehicles in order to protect the general welfare of the City and its citizens, the Common Council does herby and herewith declare such abandoned and junk vehicles to be a nuisance.


SECTION 2. Definition Abandoned, Junk Vehicles: For the purpose of this code an abandoned, junk vehicle shall be defined as any one of the following:

(1)  A vehicle illegally located on public property.

(2)  A vehicle left on public property without being moved for five (5) days.

(3)  A vehicle located on public property in such a manner as to constitute a hazard or obstruction to the movement of pedestrian or vehicular traffic  on a public right-of-way;

(4)  A vehicle that has remained on private property without the consent of the owner or person for more than forty eight (48) hours;

(5)  A vehicle from which the engine, transmission or differential has been removed or that is otherwise partially dismantled or inoperable and left on public property;

(6)  A vehicle that has been removed by a towing service or public agency upon request of an officer enforcing a statute or ordinance other than this ordinance if the owner or the owner's agent within fifteen (15) days of the vehicles removal;

(7) A vehicle that is at least six (6) model years old, mechanically inoperable, and is left on private property continuously in a location visible from public property for more than thirty (30) days.


SECTION 3.  Definition, Inoperable Condition: The words motor vehicle in an inoperable condition shall mean and include all types of motor driven vehicles used or usable for the conveyance of persons or property which is unable to move under its own power due to defective or missing parts and which has remained in such condition for a continuous period of not less than ten (10) consecutive days. Such motor vehicles shall also include all types of motor-driven vehicles, although able to move under its own power that is in such a condition due to defective or missing parts as to be dangerous or unfit for further use as a conveyance upon public highways.


SECTION 4.  Enforcement Procedure: The following City departments or individuals are designated to enforce this Ordinance within the City, to-wit:


(1) Gas City Nuisance Abatement Officer


(2) Any member of the Gas City Police Department


SECTION 5.  Written Notice to Remove:  Written notice giving five (5) days to remove such motor vehicles shall be placed upon the motor vehicle to be removed. When convenient, copies of said written notice shall be served upon any adult occupying the real estate upon which that vehicle is located or unto the owner of the motor vehicle.


SECTION 6.  Fees and Expenses: The City of Gas City may charge any expenses incurred by it in the enforcement of this Ordinance, including all towing and storage charges to the owner or occupant of the real estate upon which that vehicle is located or unto the owner of the motor vehicle.


SECTION 7.  Penalties:  Any person who fails to comply with any order to remove an abandoned or junk vehicle issued under this Ordinance shall be deemed to have committed an Ordinance violation and upon conviction the owner of the abandoned or junk vehicle or the occupant of the real estate upon which that vehicle is located and/or the owner of that real estate shall be fined not less than $20.00 nor more than $100.00, plus court costs of the enforcement of this Ordinance. Each day a violation occurs or continues after the expiration date of the order to remove such vehicle shall constitute a separate offense.


THIS ORDINANCE shall be in full force and effect from and after its passage by the Common Council of the City of Gas City, Indiana, and approval by the Mayor and publication for two (2) consecutive weeks in the newspaper of general circulation in the City of Gas City, Indiana.


PASSED AND ADOPTED by the Common Council of the City of Gas City, Indiana, this 2nd Day of May, 1995.