(a)

It shall be unlawful for any person to deposit or place upon real estate owned by another any solid waste without the approval of the owner or lessee of such real estate.

(b)

Whenever any person shall be charged with a violation of this section, it shall be a sufficient allegation of a prima facie offense to state that such person deposited the solid waste described in subsection (a) upon property of which he or she was not then the owner or lessee. It shall be a matter of affirmative defense for the person to show that he or she had permission of the owner or lessee to so deposit such solid waste, if such was the case.

(c)

It shall be unlawful for a generator of solid waste to transfer such solid waste to any other person who subsequently disposes of it in violation of subsection (a). This subsection shall not apply to a generator who either transfers solid waste to a person licensed by the city at the time of transfer to haul solid waste or who sets out residential solid waste on a regularly scheduled collection day according to the rules and regulations for the preparation, set-out and collection of solid waste promulgated by the department of public works.

(1)

A person licensed by the city to haul solid waste who collects solid waste in a noncommercial vehicle shall provide a receipt for a transaction wherein he or she agrees to haul the solid waste of another, except as provided in subsection (c)(3). The licensed hauler collecting solid waste in a noncommercial vehicle shall affix to such receipt a sticker bearing his or her license number.

(2)

Stickers bearing the license number of a licensed hauler collecting solid waste in a noncommercial vehicle shall be made available through the division of construction and business services.

(3)

A licensed hauler collecting solid waste in a noncommercial vehicle shall provide such a receipt for occasional or single transactions. A licensed hauler collecting solid waste in a noncommercial vehicle shall not be required to provide such receipts to customers receiving regularly scheduled services that are documented in the records of such hauler; provided, however, that a licensed hauler collecting solid waste in a noncommercial vehicle shall provide a receipt to a regular customer for a transaction outside the scope of regularly scheduled services.

(d)

Any person who violates this section shall be punishable by a fine of not less than five hundred dollars ($500.00) and an order for such persons to reimburse each appropriate city department for its reasonable costs incurred in correcting conditions caused by the violation. In addition, the court may order that the vehicle used in the unlawful dumping, owned by the person, be impounded for a period not to exceed ninety (90) days.

(e)

Any person who violates this section by unlawfully dumping a hazardous waste as defined by the Indiana Environmental Management Act, IC 13-7-1-1 et seq. and the regulations thereunder or the Resource Conservation and Recovery Act, 42 U.S.C. 6901 et seq. and the regulations thereunder, shall be punishable by a fine of not less than one thousand dollars ($1,000.00) and order for its reasonable costs incurred in correcting conditions caused by the violation, and the court shall order that the vehicle used in the unlawful dumping, owned by the person, be impounded for a period of not less than ten (10) days and not greater than ninety (90) days.

(f)

Enforcement of this chapter primarily shall be the responsibility of the division of property and land use services of the department of business and neighborhood services. All monies recovered by the city from enforcement actions brought under this section, exclusive of court costs, shall be allocated to the department of business and neighborhood services and shall be deemed a reimbursement to the department for its expenses in monitoring unlawful dumping and enforcing the provisions of this section.

(Code 1975, § 13-2; G.O. 63, 2009, § 53; G.O. 41, 2016, § 2; G.O. 38, 2025, § 1)