AN ORDINANCE TO SET RULES AND REGULATIONS FOR THE USE OF COUNTY RESIDENTIAL SOLID WASTE CONTAINERS, FOR THE COLLECTION OF RESIDENTIAL RUBBISH, FOR DISPOSAL BY THE COUNTY IN SANITARY LANDFILLS, AND PROVIDING FOR PENALTIES FOR VIOLATIONS THEREOF.

BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF DUBOIS COUNTY, INDIANA:

 Section  1.   The Board of Commissioners of Dubois County, Indiana, in pursuance to authority granted by the General Assembly of Indiana under I.C. 36-9-30-1, etc. in order to protect the public health and regulate the public disposal of household rubbish in sanitary landfills and the gathering of such rubbish hereby declare that the following rules and regulations shall apply to the items that may or may not be designated areas of Dubois County, Indiana.

The term residential solid waste shall be defined to exclude bulky items, including but not limited to refrigerators, washing machines, tables, chairs, sofas, mattresses or other household items, brush and tree trimmings, lumber, table scraps, food, oil, oil products, dead animals and fowl, human, animal or bird offal, fence wire, fence posts, bricks, building material, dirt, ashes, car and truck tires or parts.

 Section  2.  That the residential solid waste containers for disposal of residential rubbish shall be for the sole use of residents of Dubois County and shall exclude persons or firms collecting rubbish for a fee, schools, retail, wholesale, manufacturing or other business establishments.

 Section  3.  That all residential rubbish shall be placed only in the County containers in a closed trash bag or container during the days and during the hours that dump sited are open to the public.

Section  4.  Any person, firm or corporation found violating any of the provisions of this ordinance shall be guilty of a misdemeanor, and upon being found guilty the violator shall be punished for the first offence by a fine of not more that Five hundred Dollars ($500.00); for the second offense by the fine of not more than One Thousand Dollars ($1,00.00); and for a third and each subsequent offence by a fine of One Thousand Dollars ($1,000.00).

 Section  5.  Should any article, section or provision of this Ordinance be declared invalid, by a court of competent jurisdiction, such decision shall not affect the validity of the Ordinance as a whole, or any portion thereof, other than the portion so declared to be invalid.

 Section  6.  All ordinances and parts of ordinances in conflict herewith are hereby repealed.

 Section  7.  This ordinance shall be in full force and effect from and after the date of its adoption and publication.