This chapter shall be known as the "Garbage and Refuse Local
Law."
The purpose of this chapter is to promote the public health
and, for the public good, to preserve the property values, to create
a more attractive economic and business climate and to reduce the
risk of disease, vermin and other unhealthy consequences associated
with garbage, trash, refuse and waste. All of these laws have the
purpose of promoting the public health and safety and placing an affirmative
obligation on the individual to safeguard the environment.
As used in this chapter, the following terms, phrases, words
and their derivations shall have the meanings indicated. The word
"shall" is always mandatory and not merely directory.
The residue of the combustion of any type of solid fuel,
such as wood, coal, coke, charcoal and like substances.
All solid waste generated by a medical facility related to
any medical use, including but not limited to the following: tongue
depressors, cotton swabs, medical gloves, surgical gowns, table paper,
hypodermic needles, intravenous tubing with needles attached, syringes,
test tubes, blood samples, pipettes, lances, scalpels, smears, bloody
gauze wraps, pathological waste, human blood, cultures, etc.
Single newspapers, food, gum, candy wrappers, ice cream bags
and sticks, individual sheets of paper, empty paper or plastic bags
or like food items that a passer-by might carry and discard, such
as tissues or food containers from which the discarding person consumed
food. "Casual trash" does not include commercial, business or household
garbage, trash or waste.
A waste receptacle, publicly or privately owned, for the
disposal of litter, garbage, refuse, rubbish and casual trash.
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food, as well as
all household waste.
Garbage, refuse and rubbish and casual trash, as defined
herein, and all other waste material which, if thrown or deposited
as herein prohibited, tend to create a danger to public health, safety
and welfare.
A park, reservation, playground, recreation center or any
other public area in the village, owned or used by the village and
devoted to active or passive recreation.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
Any dwelling, house, building or other structure designed
or used either wholly or in part for private residential purposes,
whether inhabited or temporarily or continuously uninhabited or vacant,
including any yard, grounds, walk, driveway, porch steps, vestibule
or mailbox belonging or appurtenant to such dwelling, house, building
or other structure.
Waste receptacles placed by the Village of Warsaw in the
Business District and parks for the convenient disposal of casual
trash.
Any and all streets, sidewalks, boulevards, alleys or other
public ways and any and all public parks, squares, spaces, grounds
and buildings.
Any of the following materials intended to be collected and
transferred to a licensed recycling agent:
CORRUGATED CARDBOARDConsists of corrugated cardboard packaging material which is flattened and bundled and which is free from all other packaging material.
GLASS BOTTLESConsist of whole bottles and jars, made of clear glass only and free from cookingware, plate glass, safety glass, and nonglass materials. Labels are not acceptable.
MIXED METALSConsist of aluminum and bimetal (steel and aluminum) beverage cans and tin-steel food cans. Tin-steel cans must have organics removed.
NEWSPAPERSConsist of bagged (paper bags only) or tied dry newspapers, free from magazines and paper other than newsprint.
PLASTIC CONTAINERSConsist of No. 1 and No. 2 empty and cleaned plastic containers without caps.
All putrescible and nonputrescible solid wastes (except body
wastes), including garbage, rubbish, ashes, litter, street cleanings,
dead animals, abandoned automobiles and solid market and industrial
wastes.
Nonputrescible solid wastes consisting of both combustible
and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard,
tin cans, yard clippings, leaves, wood, glass, bedding, crockery and
similar materials.
Every device in, upon or by which any person or property
is or may be transported or drawn upon a highway, including devices
used exclusively upon stationary rails or tracks.
The Village of Warsaw.
Enforcement shall be the duty of the Chief of Police, who is
hereby given the power and authority to enforce the provisions of
this chapter personally and by his delegates.
A.
If litter is found on public places, private premises or vacant lots
and the owner or custodian of such material is identifiable from such
material, a rebuttable presumption of such person's intent to
violate this chapter shall arise.
B.
If nonpermitted material is found in a public litter receptacle or
in a public or private dumpster and the owner of such material is
identifiable from such material, a rebuttable presumption of person's
intent to violate this chapter shall arise.
A person who violates a provision of this chapter, or who fails
to perform an act required of him by this chapter, commits an offense.
A person is guilty of a separate offense for each day or portion of
a day during which the violation is committed, continued or permitted.
Punishment for each offense shall be a fine not less that $25 and
not exceeding $250 for each twenty-four-hour period of violation.
