By JAN LARSON McLAUGHLIN
BG Independent News
Bowling Green City Council wants to make sure that once a garbage bin ordinance is passed, that it is enforceable.
So on Monday evening, council debated whether violators should face fines or have their trash cans confiscated. Council member John Zanfardino expressed concerns about the penalty portion of the ordinance. He is in favor of ordering violators to pay fines when problems are spotted. Waiting to confiscate the cans on garbage pickup day would be like arresting someone for walking around with an open bottle days after the violation, he said.
He asked that the city warn residents for first violations, then issue fines for additional violations.
“To me, that’s a very laborious way to address it,” Zanfardino said of city workers confiscating the cans.
Council member Sandy Rowland shared concerns about the city taking away garbage bins from violators. “I just don’t think it’s going to work for enforcement,” she said, voicing concerns about city workers entering private property.
But Municipal Administrator Lori Tretter said the cans would only be removed from property when they are sitting by the street on pickup day.
“We don’t want people to go on private property. We own the right-of-way,” City Solicitor Mike Marsh said. The city already confiscates trash cans that are left at the roadside for several days. Residents then have to pay $50 to get them back.
Council member Bruce Jeffers said confiscation of a trash bin sends a strong message.
Marsh cautioned that fines cannot be levied against residents without a citation being issued. “There isn’t a way to fine someone without citing them first,” he said.
Council members suggested that a violation to the new garbage bin ordinance be a civil infraction. Zanfardino said the most egregious trash violators will just tidy up their yard on trash day and continue breaking the rules the other six days of the week. Other college towns, like Kent, fine people for violations, he said.
“If we’re serious about this, I sure hope the council considers a civil infraction,” Zanfardino said.
“A warning will fix 75 percent of them,” he said. And the rest should be convinced after facing fines.
“Unless someone is stubborn as a box of rocks,” having to pay a fine should encourage compliance, he said.
Failure to pay will result in the fine being placed on the resident’s taxes. Most of the communities surveyed about their trash bin ordinances found compliance from residents.
“Our purpose here is to clean up our town,” Rowland said, adding that enforcement will add value to properties in Bowling Green. “It has been a culture that we let things go.”
Council member Theresa Charters Gavarone again voiced concerns about the ordinance going too far. “A lot of people will be impacted by this,” she said. “There are so many houses where people keep their trash cans in the driveway by their garage.”
It was estimated that 50 to 100 homes keep their trash bins in front of the living portions of their homes. About 500 store their bins in front of the garage portions of their homes. And 1,500 or so keep their bins to the side of the homes.
Council member Bob McOmber said most of the homes with the trash bins in front of the homes could easily move them to the side of the house. Those who cannot for some reason, may apply for exemptions.
Tretter was asked if the city was ready to enforce the new regulations.
“We don’t know what law it is you are going to pass,” Tretter said. “Our biggest hope is that there is going to be a massive education effort to get compliance.”
Tretter also warned council that public works employees are busy with projects like sidewalks and parking lots, and the sole code enforcement employee spends a great deal of time on zoning issues.
“I will remind you our staffing is tight,” she said.
Council hopes to approve the trash bin ordinance changes by Aug. 15, so the new regulations are in place by the time students move back to Bowling Green State University at the end of the summer.
