[HISTORY: Adopted by the City Council of the City of Las
Vegas 7-11-2001 by Ord. No. 01-9 (Ch. 9, Art. 2 of the 1972 City Code).
Amendments noted where applicable.]
The City of Las Vegas hereby adopts appropriate rules and regulations
governing solid waste storage, collection, transport, processing,
recovery, and disposal. This chapter shall be known as the "Solid
Waste Management Ordinance."
The purpose of this Solid Waste Management Ordinance is to set
a policy for the collection, handling, and disposal of solid waste,
and also to protect the health, safety, and welfare of present and
future citizens of the City of Las Vegas.
For the purposes of this chapter, the following terms, phrases,
words and their derivatives shall have the meanings given below:
The City of Las Vegas, New Mexico.
The City official charged with enforcement of this chapter
and other provisions of this Code relating to public health, or his/her
authorized deputy. Notwithstanding any authorization given the Code
Enforcement Office by this chapter, all decisions shall be subject
to review by the City Manager.
The process of gathering solid waste for the purpose of transport
to a landfill, transfer station, convenience center, or recycling
center.
Any account which is not a residential account.
The private refuse collection contractor to whom the City
has awarded a contract for the collection and hauling of the City
residential solid waste.
All waste building material, bricks, concrete blocks, trees,
tree limbs and other matter which is commonly known as "debris."
The Director of the City of Las Vegas Solid Waste Department.
A landfill, transfer station, convenience center, recycling
center or any other location acceptable for disposal of solid waste
under the New Mexico Solid Waste Management Regulations.
Any person, joint enterprise or corporation who collects
refuse, garbage or debris from any property not owned by the person,
joint enterprise or corporation.
Those special wastes so defined in the New Mexico Solid Waste
Management Regulations and which have unique handling, transportation,
or disposal requirements.
Refuse, garbage or debris found in public areas or disposed
of while traveling in a motor vehicle.
Includes every person, firm, partnership, public or private
corporation, institution, association, trust estate or any other legal
entity owning, operating, controlling or inhabiting any residence
or place of business within the limits of the City of Las Vegas.
Includes all establishments, residential or commercial, within
the limits of the City of Las Vegas.
The process by which any recyclable material is collected,
separated, processed, and reused, or returned to use in the form of
raw materials or products.
Any individual producing, generating, or disposing of solid
waste from single-family dwelling detached units and residential units
within apartments, duplexes, triplexes, quadruplexes, mobile homes
not located in mobile home parks, and condominiums.
The unauthorized removal of solid waste from a solid waste
facility, landfill, transfer station, or solid waste container.
A.
The Director shall be responsible for the administration and management
of this chapter and the rules and regulations authorized.
B.
The Director and Code Enforcement Officer shall be responsible for
the enforcement of those aspects related to the protection of the
public safety, health, welfare, and environment of the City as per
rules and regulations provided in this chapter, State of New Mexico
Solid Waste Management Regulations and the United States Environmental
Protection Agency. The Director shall work in cooperation with local
code enforcement and law enforcement.
C.
It shall be the duty of the Director to supervise the handling and
collection of the solid waste within the solid waste service area
and the disposal thereof. The Director shall have authority to enforce
such regulations as the City Council may adopt from time to time in
regard to rates charged, methods, frequency, and time of solid waste
collection and shall be charged with the enforcement of the provisions
of this chapter. In the event the City enters into franchise agreement
or contract with an independent contractor for the collection, disposal,
transport or transfer of solid waste, the Director shall supervise
the compliance of the contract by said independent contractor.
D.
The City shall provide and maintain suitable equipment sufficient
to collect and dispose of solid waste within the City and extraterritorial
zone jurisdiction where water service is provided and provide an efficient
solid waste management delivery system.
E.
The City through the Solid Waste Department shall provide for a solid
waste management delivery system consisting of residential and commercial
storage, collection, transport, processing, and disposal through public
ownership, or through exclusive agreements with any person, firm,
corporation, or private/government organization for a part or all
of such solid waste delivery system. The City may authorize any person
to manage the solid waste which he/she generates pursuant to the terms
of this chapter.
F.
The City, its duly authorized agents, servants, or employees shall
have the exclusive right to collect solid waste produced or generated
from single-family residences within the solid waste service area
jurisdiction or to contract for said collections, and it shall be
unlawful for any person, firm, corporation, or government agency to
collect such residentially produced or generated solid waste within
the solid waste service area or water services area. The City, its
duly authorized agents or employees shall have the exclusive right
to collect commercially produced or general solid waste within the
solid waste service area or to contract for said collection.
G.
Solid waste collected by the City or other authorized persons shall
be disposed of at such area designated by the Las Vegas City Council
at the sanitary landfill, transfer station, or convenience center.
The disposal area shall be maintained in such a manner as not to become
a public nuisance, and in all cases the disposal area shall be maintained
in accordance with the New Mexico Solid Waste Management Regulations.
H.
The City may provide solid waste service outside City limits, when the Director/City Manager has determined that it is in the City's best interest to do so. Existing commercial customers located outside the City limits that are receiving solid waste service from the City as of the date of this chapter shall be charged the rates as classified in § 361-10. Future commercial and residential customers located outside the City limits that are provided solid waste service must have City water service from the City under the provisions of this § 361-4H and shall be charged the rates classified in § 361-10.
A.
Solid waste; precollection practices.
(1)
Garbage and refuse shall be placed and maintained in containers of
a type approved by the Director.
(2)
Plastic bags must be/will be securely tied and shall not weigh in
excess of 15 pounds and shall not hold in excess of 32 gallons. The
owner, occupant, tenant, or lessee shall keep the bags securely tied
and completely intact as to prevent the contents from being scattered
in any manner.
(3)
No later than 7:00 a.m. on the day curbside collection is scheduled
for any premises, or not earlier than 6:00 p.m. of the night before
collection is scheduled, all solid waste shall be placed at the street
in front of the premises. Wet waste shall be in a securely tied plastic
bag, and all garbage shall be placed inside the container designated
by the Director.
(4)
All solid waste containers shall be placed where designated by the
Director. All rollout solid waste containers shall be placed as directed
on the days designated for collection of such solid waste and shall
be removed from such location following the collection and placed
in a location away from the street, on the same day collection is
made, unless an exception to this is wanted by the Director. It is
unlawful to block or impede access to a container which is located
as directed.
B.
Bulky or excessive solid waste.
(1)
The Director shall establish the necessary procedures to collect
and dispose of bulky solid waste from residential units.
(2)
The owner, occupant, tenant or lessee responsible for the unit where
solid waste accumulates, i.e., boxes, cartons, cases, barrels, discarded
furniture, trees, tree and shrubbery trimmings too long or bulky to
be placed in the solid waste container, shall be prepared for collection
as follows:
(a)
Collapse bulky solid waste such as boxes, cartons, cases and
barrels as flat as practicable, break or cut into shorter lengths
as needed and securely tie in bundles not exceeding four feet in length
and 40 pounds and not to exceed one yard in capacity.
(b)
Nest boxes, cartons, cases, etc., together with the smaller
boxes inside of the larger boxes, the maximum overall weight of the
nested solid waste not to exceed 40 pounds in weight or one yard in
capacity.
(c)
When preparing bulky solid waste under the options in Subsection B(2)(a) or (b), no refuse such as papers, light packing materials or other similar or easily scattered materials shall be included in the bundling or nesting. Such bundles or nested solid waste may be placed adjacent to the containers for collection, only on designated days for the specific area. All bulky solid waste placed by bins on days not designated for pickup or exceeding the weight and one yard capacity will be assessed a work order fee.
(d)
In the event that collection crews are required to make a special,
unscheduled pickup of bulky solid waste as requested by the owner,
occupant, tenant or lessee, an additional charge to the customer for
collection and removal of solid waste shall be billed to the owner,
occupant, tenant or lessee.
(e)
All waste that will not reasonably fit in the solid waste container
in a mechanical collection district shall be placed next to the container
on designated pickup days. If the bulky solid waste is in excess of
one yard and is placed on days other than designated pickup days,
the owner, occupant, tenant or lessee shall then make a request for
a special pickup, and the solid waste crew will then pick up as soon
as feasibly possible. (Solid waste employees shall not enter into
private property to collect solid waste.)
(3)
If the Director determines that any residential customer consistently
produces excessive solid waste (more than scheduled pickups) such
that all items will not reasonably fit in the provided solid waste
container, the Director may require that customer utilize additional
solid waste container(s).
C.
Solid waste containers.
(1)
Carts for residential use. Every person in the City of Las Vegas
water delivery service area who owns, leases, or occupies a residential
premises shall be provided, by the City, a cart to store residential
solid waste generated in each residential unit until collection of
that solid waste. All residential solid waste shall be securely stored
in the designated carts provided exclusively for the assigned residence.
If a cart is stolen or damaged, the person responsible for the cart
shall pay $50 for cart replacement.
(2)
Carts for commercial use. Every person in the City of Las Vegas water
delivery service area who owns, leases or occupies a commercial premises
shall be provided a cart for the storage of solid wastes therein.
Those wastes which do not require containerized storage or those wastes
which are considered special wastes shall be stored as authorized
by the rules and regulations of this chapter in compliance with New
Mexico Solid Waste Management Regulations.
(3)
Front loader container for commercial use.
(a)
The City shall provide front loader containers as needed to
handle the commercial account's volume of waste. No privately
owned front loader containers will be serviced by City's solid
waste equipment.
(b)
The Director shall have the authority to designate the location
of such containers after conducting a field inspection of the location
or at the time a development plan is reviewed, taking into consideration,
among other things, convenience to collection crews, convenience to
customer, and hazardous conditions such as electrical wires, telephone
wires, cable TV wires, gas meters, fences, walls, sheds, and other
conditions that may exist. In the case of disputes or complaints arising
from or concerning the location where the container shall be placed,
the Director shall designate its location, and his decision shall
be final.
(c)
Each owner, occupant, tenant or lessee shall be responsible
for maintaining the area around the mechanically transported containers.
If, in the opinion of the Director, unsanitary premises are being
maintained, notice of this fact shall be referred to the Community
Development Department, Code Enforcement Division. The Code Enforcement
Division shall then advise in writing the owner, occupant, tenant,
or lessee that the area needs to be maintained according to the provisions
of the applicable ordinances.
(d)
All solid waste containers shall at all times be located in
such places as to be readily accessible for removing and emptying
the same, but shall not be placed within the limits of any street
unless a determination has been made by the Director that there is
no other alternative for placement, nor shall any container be placed
so as to constitute a nuisance or obstruction to vehicular or pedestrian
traffic.
(4)
All carts, be they residential or commercial, shall be kept clean
and in good condition by the owner, occupant, tenant, or lessee utilizing
the carts. Should the Director determine that the containers are not
kept in clean and in good condition and are in need of maintenance,
or if the owner, occupant, tenant or lessee requests that the City
clean and maintain the containers, the City shall clean the containers
in use and charge the owner, occupant, tenant or lessee utilizing
the container for the cost of cleaning.
(5)
All residential and commercial users shall comply with the rules
and regulations established by the City for the use, care and location
of solid waste containers and shall keep the lids and covers furnished
for such containers closed at all times except when they are being
filled or emptied.
The City has operated a state-permitted transfer/recycling station.
The use of this facility is intended to control costs and provide
an efficient solid waste system for the citizens of the City of Las
Vegas.
A.
Waste will enter the transfer station through a gatehouse facility
where all loads will be measured or weighed, recorded, documentation
inspected (if applicable), and will undergo a visual inspection for
unacceptable waste. In the transfer station bays further inspection
by the station attendant will occur, solid waste that is for recycling
will be diverted, and unacceptable waste will be turned back.
B.
All loads entering the transfer/recycling station must be tarped
or in an enclosed container. Any load not contained or covered will
be subject to additional charges or citation by law enforcement agencies.
C.
All users of the transfer/recycling station must comply with all
signs, posted rules and procedures provided by City employees operating
the facility.
D.
All users of the transfer/recycling station will be subject to charges as outlined in § 361-10, Services, rates and charges, adopted through resolution for this chapter.
E.
The Director shall establish the necessary procedures to collect,
process, transport, recycle, and landfill materials from the transfer/recycling
station. Procedures must comply with the New Mexico Environment Department,
Solid Waste Regulations and the Solid Waste Permit issued for the
transfer/recycling station.
A.
Recycling program. The City supports the concept of recycling certain
materials from an environmental protection perspective, as well as
from the perspective of reducing the quantity of solid waste that
must be transported and disposed of. The City's intent, as of
the date this chapter is adopted, is to pursue and promote recycling
to the extent feasible such that there will be no net cost of service
increase to the solid waste customers due to the recycling program.
The anticipated initial recycling materials include cardboard, yard
waste, aluminum, glass, plastic, steel cans, newspaper, white paper
and six-foot-long tree branches. Other recycling programs may be added
at a later date, and the City may need to implement a surcharge fee
on each monthly bill to facilitate an expanded recycling program.
B.
Acceptance and processing at designated location. The Director may
designate a location at the City transfer station or other location
for acceptance and processing of sorted recyclable materials. The
Director will determine which materials will be accepted and the extent
of sorting and packaging or bundling required to facilitate processing
and sale of the recyclable material. The Director shall establish
the necessary procedures to collect, process and market recycled materials.
A.
Accumulation of solid waste. Any unauthorized accumulation of solid waste, refuse or debris is declared to be a nuisance and is prohibited pursuant to Chapter 301, Nuisances.
B.
Interference with City employees. It shall be unlawful for any person
to interfere in any way with any solid waste employee of the City
or any designated representative of the City while in the discharge
of their duties in the Solid Waste Department.
C.
Scavenging. It is unlawful for any person not authorized by the City,
the owner (whether contractor or hauler the designated user of a trash
container) to remove, collect or disturb the trash stored in such
container or to open the lid intending to do so. No person shall remove
any trash from a container and scatter the same upon any public or
private property.
D.
Damage to containers.
(1)
It shall be unlawful and a violation of this chapter for any person
to intentionally damage any solid waste container placed pursuant
to this chapter. Should any person intentionally, negligently, or
recklessly damage any container by any means, including, but not limited
to, the following: tipping, dragging, painting, or otherwise defacing
any such container, such person may be cited under this provision.
(2)
Any individual who damages any containers provided for the residential
or commercial users shall be liable to the City for the cost of repair
or replacement of such containers.
(3)
It is prohibited for any person, including children, to be on or
in solid waste containers.
E.
Disposal of prohibited items.
(1)
It shall be unlawful for any person to place or dispose of the following
items or materials in any solid waste container: hazardous waste,
cooking grease, scrap metal, concrete, adobe, bricks, rocks, sand,
ashes, construction debris, infectious waste, automobile batteries,
used motor oil, hot waste, animal carcasses, manure, petroleum waste,
white goods, yard waste, drilling fluids, fly ash waste, dry chemicals
that when wetted become hazardous, contaminated soils, paints, solvents,
tree limbs, poisons, acids, or caustic chemicals.
(2)
Toxic, highly flammable or explosive materials shall not be placed
in containers for regular collection, but shall be disposed of as
directed by the Police Department and Fire Department and in accordance
with any applicable state and federal regulations, at the expense
of the person accumulating the same. Neither oil wastes nor dangerous
substances shall be placed for collection by the City.
F.
Abandonment of dangerous containers.
(1)
It shall be unlawful for any person or commercial establishment to:
(a)
Abandon, discard or keep in any place accessible to children
any refrigerator, icebox, freezer, airtight container, cabinet or
similar container, of 1 1/2 cubic feet or more, which is no longer
in use, without having the attached doors, hinges, lids or latches
removed or without sealing the doors or other entrances so as to make
it impossible for anyone to be imprisoned therein; or
(b)
Knowingly permit any abandoned or discarded refrigerator, icebox,
freezer, airtight container, cabinet or similar container to remain
upon such premises in a condition whereby a child may be imprisoned
therein.
(2)
It shall be unlawful for any person to commit the offense defined
in this section.
G.
Burning solid waste. No person shall burn solid waste unless it is
burned in an incinerator approved by Fire Department or Environment
Department. These containers shall be separate and apart from containers
used for depositing garbage and refuse.[1]
H.
Manner of transporting.
(1)
Any commercial or residential solid waste which is to be transported
on City streets shall be contained within a covered vehicle and secured
as to prevent any refuse from littering any public or private property.
(2)
It shall be the duty of every person hauling any refuse along the
streets or alleys of the City to pick up immediately in the conveyance
used for such hauling any of the contents which may fall therefrom
in or upon any street, alley or premises within the limits of the
City.
I.
Illegal disposal. No person shall dispose of solid waste into a cart,
container, or facility owned by the City, unless that person is paying
for that cart, container, or use of the facility.
The City may enter into a franchise with any person, firm, corporation,
or private/government organization authorized to conduct business
within the State of New Mexico for the collection of solid waste and/or
disposal, provided:
A.
The franchise is a nonexclusive agreement.
B.
The hauler meets the City's minimum insurance requirements for
public injury and property damage.
C.
The hauler has the equipment that meets all Environment Department
requirements.
D.
The hauler is registered with the New Mexico Environment Department,
Solid Waste Bureau.
E.
The hauler has a current City business license.
F.
The hauler shall dispose of all solid waste in a manner complying
with all City ordinances, state laws and regulations and all federal
laws and regulations pertaining to operating of equipment and disposal
of solid waste.
G.
The hauler signs a franchise agreement which shall have a franchise
fee.
[Amended 7-20-2005 by Ord. No. 05-10; 8-17-2005 by Ord. No. 05-15; 9-21-2005 by Ord. No. 05-19; 6-7-2006 by Ord. No. 06-10; 7-15-2009 by Ord. No.
09-08; 7-28-2010 by Ord. No. 10-20]
The rates, charges and services of the City's solid waste
utility shall be as described and defined below for customers receiving
solid waste service inside the City limits:
A.
Residential service.
(1)
Residences are defined as single-family dwellings, each apartment
unit of any apartment complex, and each mobile home occupied as a
place of residence whether located within or outside a so-called trailer
or mobile home park. Each such residence shall pay the rates listed
in the attached Rate Schedule 1[1] for the use of a single cart which shall be emptied by
the City once per week. Each additional cart provided to the same
residence shall result in charges according to rates listed in the
attached Rate Schedule 1. Each residence shall be limited to the use
of two carts. The occupant and the owner of the residence shall be
responsible for the cart, which remains the property of the City.
The account holder shall pay $75 for cart replacement due to damage
or theft as listed in the attached Rate Schedule 3.[2]
(2)
In the event that the City deems that the area around a residential
container must be cleaned, the City shall perform this service for
a charge according to rates listed in the attached Rate Schedule 3.
(3)
Any residential customer of the City's solid waste utility requiring
special pickup of solid waste shall be billed an additional amount
according to rates listed in the attached Rate Schedule 3.
(4)
Note:
Residential pickup fees shall include an automatic 42.6% increase
on February 1, 2011, and subsequent 5% yearly increases for fiscal
year 2012 through 2015. The adjustment shall be reflected in an update
to the attached Rate Schedule 1.
B.
Exemption.
(1)
A person who owns or rents a residence shall receive a $5 per month
exemption from the residential container charge if the following criteria
are met:
(a)
The person shall complete an exemption application annually and submit
it to the City's Finance Department. The exemption shall be reviewed
and revised if a name change is requested for that residence. The
exemption application shall be maintained at the Finance Department.
(b)
The applicant shall present a valid medicare or medicaid card
and evidence that he/she is a senior citizen 55 years or older.
(c)
The applicant shall present evidence that he/she is the titled
owner and is the full-time occupant of the residence where service
is being provided; or the applicant shall present a rental or lease
agreement signed by the owner of the property in which the applicant
is residing showing the applicant to be the legal tenant. The applicant
shall also provide evidence that he/she is the full-time occupant
of the property.
(2)
In the event that the applicant fails to pay any charge for solid
waste utility service throughout the exemption period, the exemption
shall be nullified and regular charges for services shall be assessed
for the exemption period.
C.
D.
Additional conditions.
(1)
Mixed residential/commercial use. Commercial establishments which
contain on the premises a residence in which the owner or operator
of the commercial establishment maintains his/her residence shall
be assessed commercial charges only. However, in the event the residence
is occupied by persons other than the owner or operator of the commercial
establishment, the charges made for solid waste utility services shall
be based on both residential and commercial rates. Charges shall be
determined by the waste service(s) provided to the premises and the
business license.
(2)
Compulsory collection and services fees. Except as otherwise provided,
every person owning or controlling real property with a structure
on said property within the City shall pay the solid waste collection
or disposal fees established and provided for by this chapter.
(3)
Payment of fees. The billing and collection of charges for container
and other related solid waste utility services provided by this chapter
shall be done by the City's Billing Department. Services provided
at the transfer station may be billed through the Billing Department
or may be paid in cash at the transfer station.
(4)
Responsibility for payment of charges.
(a)
If a landlord does not wish to be responsible for specific,
or any utilities incurred on their rental property(ies), they must
submit a notarized landlord waiver of responsibility form to the City
of Las Vegas Utilities Department, located at 905 12th Street.
(b)
If such form is not submitted, the landlord is responsible for
any charges accrued, pursuant to NMSA 1978, § 3-23-6, and
if utility charges are not paid to the City within six months after
the initial billing date, a lien against the property shall be filed
according to NMSA 1978, § 3-36-1. The landlord shall submit
a landlord utilities waiver of responsibility form only once for each
rental property involving said waiver of utility payment.
(c)
Additional requirements.
[1]
Landlord standby utilities agreement. The landlord must enter
into a landlord standby utilities agreement with the City to have
those services provided by the City Utilities Department. Provision
of standby utilities services are optional and will be provided only
to those landlords requesting said standby services.
[2]
Landlord/tenant filing system. The City of Las Vegas Utilities
Department shall maintain a comprehensive filing system that will
contain any and all agreements, waivers and forms requesting utility
service covered in this chapter. A separate file will be maintained
for each landlord and each utility service address.
(5)
Automatic rate adjustment. Annual automatic adjustments to the rates
and charges of the Solid Waste Utility may be made through application
of the Consumer Price Index (CPI-U) which is maintained by the US
government.
(a)
Adjustments. The adjustment shall be authorized by the City Manager
only after examination of the financial performance of the utility
in the past fiscal year.
(6)
Emergency adjustments to rates and charges. Due to the nature of
the operations of the solid waste utility, the City recognizes that
there may be unforeseen or emergency situations that would require
rapid adjustment of the rates and charges of the utility. The City
shall implement such emergency rate adjustments, provided that the
following conditions are met:
(a)
The issue requiring an emergency rate adjustment shall be presented
to the City's Utility and Finance Committees. Concurrence for
the action by these two Committees is required to implement the emergency
rate adjustment.
(b)
An emergency rate adjustment shall be considered only an interim
action. In the event this chapter is not amended to permanently change
the rates and charges of the solid waste utility within 90 days of
the implementation of the emergency adjustment, the rates and charges
shall revert back to those in effect prior to the implementation of
the emergency adjustment.
E.
Coincident monthly billing. Billing for normal monthly services from
all of the City's utilities shall be contained on one monthly
bill issued to each customer of the City's utilities.
F.
Late payment fee. All amounts billed for solid waste service or other
charges specified in this chapter shall be due and payable when the
bill is issued, and shall become subject to a late payment fee in
the event the customer fails to pay any amount due at the time of
the issuance of the next bill. The City shall assess a fee of 1.5%
per month to amounts which have not been paid at the time of the issuance
of the next bill. The fee shall be compounded for each month for which
amounts remain unpaid.
A.
Any person found guilty of violating any of the provisions of this
chapter shall pay a civil fine of not more than $500 as determined
by the Municipal Court. In addition, the City Manager, depending on
the violation, may disconnect any or all City utility services to
the violator. Each day this chapter is violated shall constitute a
separate offense; provided, however, if a specific penalty is provided
in any particular and individual section of this chapter, the specific
penalty shall prevail.
B.
The City also has the discretion of filing criminal charges pursuant
to City ordinance or state statutes.
C.
Additional fines may be assessed to:
(1)
Any person responsible for overloading a trash container shall be
subject to a charge of $20 to compensate the City for its additional
expense in unloading the container. The twenty-dollar fee shall be
an item added to the responsible party's water bill.
D.
Citations for assessment of any fines authorized under this chapter
may be written and issued by any of the following: