Gary, IN Trash & Recycling: Illegal Dumping (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?
Can I have dirt or gravel dumped on my own lot in Gary?
What happens if I get caught illegally dumping in Gary?
Sources & Official References
Other rules in Gary
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