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Gary, IN Trash & Recycling: Illegal Dumping (2026)

Heavy Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Enforcing agency
Board of Public Works and Safety
Governing section
§ 34-61(b), unlawful dumping on any property
Clean-fill exception
Owner-requested dirt, sand, gravel to raise grade
First-offense fine
Up to $2,500.00 under § 1-7
Continuing violation
Each day counted as a separate offense

Summary

Dumping garbage, trash or other waste on any public or private property in Gary is unlawful unless the board of public works and safety has designated the site, under Municipal Code § 34-61(b). The ban does not reach clean fill: an owner may still have dirt, sand or gravel free of garbage or rubbish deposited on private property to raise its grade.

(b)It shall be unlawful for any person to place, dump, or discharge garbage, trash or other waste materials upon any public or private property except as established by the board of public works and safety; however, nothing in this section shall be construed to prohibit dumping or depositing of dirt, sand, and gravel, free of all garbage or combustible and noncombustible rubbish upon any privately owned property, at the request of the owner, for the purpose of properly elevating the grade of the property or the unimproved part of the property.

Full Breakdown

Section 34-61(b) makes it unlawful for any person to place, dump or discharge garbage, trash or other waste materials on public or private property in the city, except at locations the board of public works and safety has established. The prohibition sits alongside § 34-61(a), which confines all garbage the city itself collects to disposal areas set under IC 36-9-30-35 and administered by rules the street commissioner writes, and bars burying garbage or using it as fill on private property without the written approval of the department of health.

The illegal-dumping ban carries one carved-out exception: it does not stop an owner from having dirt, sand and gravel, free of any garbage or rubbish, deposited on private property at the owner's own request to raise the grade of the lot or an unimproved part of it. Related sections reinforce the same policy: § 34-55 separately makes it unlawful to scatter or disturb the contents of any container set out for collection, and § 34-62 bars throwing manure, slops or unwholesome liquid into any street, alley, sidewalk, gutter or lot.

Enforcement runs through the city's code officers and the board of public works and safety, which can also order removal of noncomplying containers as rubbish after five days' notice under § 34-52(d). Because dumping is treated as a Code violation rather than a separate criminal statute, it is charged and fined under the citywide general penalty provision rather than a dumping-specific fine schedule.

Violations & Fines

Illegal dumping under § 34-61(b) is enforced as a Code violation through § 1-7: a fine of up to $2,500.00 for a first offense and up to $7,500.00 for a second or later offense. Because dumping is treated as a continuing violation, each day waste remains illegally deposited can be charged as a separate offense, and the city may also pursue injunctive relief to force cleanup under § 1-7(e).

Frequently Asked Questions

Is it illegal to dump trash on someone else's property in Gary?
Yes. Section 34-61(b) makes it unlawful to place, dump or discharge garbage, trash or other waste materials on any public or private property unless the board of public works and safety has designated that location for disposal. This applies whether the property belongs to the dumper, a neighbor or the city.
Can I have dirt or gravel dumped on my own lot in Gary?
Yes, within limits. Section 34-61(b) exempts dumping or depositing dirt, sand and gravel that is free of all garbage or rubbish onto privately owned property, as long as the property owner requested it and the purpose is to raise the grade of the lot or its unimproved portion.
What happens if I get caught illegally dumping in Gary?
A dumping violation is prosecuted as a Code violation under the citywide general penalty in § 1-7, carrying a fine up to $2,500.00 for a first offense and up to $7,500.00 for repeat offenses. Because the violation can be continuing, the city may charge separately for each day the dumped waste remains and can seek an injunction to compel cleanup.

Sources & Official References

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