City of Creve Coeur, MO Chapter 235 Garbage, Trash and Refuse

Cross References — Health and sanitation, ch. 215; plumbing, §500.400 et seq.

Editor's Note — Ord. no. 5150 §1, adopted September 13, 2010, repealed ch. 235 in its entirety and enacted the new provisions set out herein. Former ch. 235 derived from R.O. 2008 §§13-1 — 13-6, 13-8; ord. no. 888 §§1 — 3, 3-26-1979; ord. no. 941 §§1(D — L), 2 — 5, 3-10-1980; ord. no. 1091 §1, 1-28-1985; ord. no. 1417 §1, 9-24-1990; ord. no. 1424 §§1 — 2, 11-26-1990; ord. no. 1463 §§1 — 2, 6-24-1991; ord. no. 1490 §1, 12-9-1991; ord. no. 5122 §1, 2-22-2010.

Section 235.010 Definitions. [1]

[Ord. No. 5150 §1, 9-13-2010]

The following words, terms or phrases, wherever used in this Chapter, shall be construed as follows:

BULKY GOODS/FURNITURE

Residential non-putrescible waste that would qualify as solid waste except that it is too large or too heavy to be safely and conveniently loaded by one (1) person into waste transportation vehicles, but shall not include items that may not be disposed of in a landfill.

BUSINESS ESTABLISHMENT

Any individual, firm, partnership, corporation, association, club, agency or other organization engaged in this City in retail or wholesale commercial, manufacturing, individual or personal services, educational, religious, benevolent or professional activities or in the management or operation thereof.

CITY REFUSE COLLECTOR

Any individual, firm, partnership, corporation or employees thereof under contract with the City for the collection, removal and final disposition of solid waste, yard waste, recyclable materials or other trash from premises owned, rented, leased or occupied by any householder within the City under the direction and supervision of the City Administrator.

HEALTH INSPECTOR

Any person or entity hired, contracted or designated by the City Administrator to provide health inspection services for the City.

HOUSEHOLDER

Any individual who is the legal or nominal head of a household comprised of himself/herself and other individuals who hold temporary or permanent domicile in a housing unit in a single- or multiple-family dwelling or boarding school within this City.

INSTITUTION

The premises and activities of any individual, firm, partnership, corporation, association, club, public or private agency or other organization engaged within this City in teaching of any kind, in religious or benevolent services or in the temporary or permanent care or treatment of more than three (3) individuals who either have or are suspected of having physical or mental afflictions.

NON-PROFIT ORGANIZATION

An established organization or foundation dedicated to public service or culture including, but not limited to, religious, educational and health care functions. Federal, State and local governmental establishments are considered non-profit organizations for purposes of this Chapter. This term shall include civic clubs, youth groups and extracurricular school organizations.

OCCUPIER OF LAND

Any individual occupying a residential dwelling, commercial establishment or non-profit organization establishment or unimproved land which shall hold title to or shall be in possession of any property in the City, whether as owner, lessee, tenant or otherwise.

PRIVATE REFUSE COLLECTOR

Any person who is employed by any other person to engage in the collection, removal and final disposition of solid waste, yard waste, recyclable materials or other trash in the City.

RECYCLABLE MATERIALS

Any types of refuse designated by the City Administrator or his designee pursuant to this Chapter to be separated for recycling.

RECYCLING RECEPTACLE

Any unattended bin, box, container, structure or device, whether owned by the City, its agent or a non-profit organization, with the purpose of serving as a container for the collection of recyclable materials. This includes receptacles located on the premises of occupiers of land as well as receptacles placed at City collection facilities. A recycling receptacle must be clearly labeled with the term "recycling receptacle" and the name of the recyclable material to be collected in the receptacle.

REFUSE

All solid waste and yard waste generated by occupiers of land within the City, whether recyclable or non-recyclable materials.

RESIDENTIAL CONTAINERS

The following containers shall be used by householders: for curbside pickup of solid waste and recyclables, containers obtained from the City refuse collector; for optional "rear yard" pickup, standard trash containers as per City and County ordinances; for yard waste, biodegradable paper bags obtained from the City or bearing tags obtained from the City, or containers obtained from the City refuse collector.

[Ord. No. 5403 §1, 11-24-2014[2]]

SOLID WASTE

All semi-solid and solid waste derived from and during the procurement, storage, processing, cooking and consumption of food materials of animal, vegetable or synthetic origin which are intended for and are used by residents for the refreshment or sustenance of human beings or pets. Solid waste does not include dead animals or unprocessed animal parts. It includes: hard cover books, sawdust, shavings, pieces of cutting, tin cans, tin ware and other metallic items and materials, glassware, crockery, dishes and parts of furniture, fixtures and other household equipment of such weight, dimension, size and shape that they can be handled by one (1) man and all other useless, rejected and cast off matter, except as herein provided, which are produced by and accumulated in households. Solid waste shall not include household hazardous waste such as wet paint, pesticides, strong cleaning agents, tires, auto batteries and combustibles of any kind. Solid waste shall not include infectious waste as defined by State law (Section 260.200, RSMo.). Solid waste shall not include: ashes stored in ash pits, parts of trees, bushes and soil, mortar, plaster, concrete, bricks, stone, gravel, sand and all wasted or leftover materials resulting from grading, excavation, construction, alteration, repair or wrecking of buildings, structures, walls, roofs, roads, streets, walks or other facilities and such items of rubbish whose weight, size, dimension and shape require more than one (1) man for removal; provided however, that debris resulting from remodeling, repair or reconstruction of any single-family residential dwelling unit by the occupants (not builders) may be removed if properly placed in acceptable containers which containers are not heavier than can be handled by one (1) man.

TRASH

In the ordinary sense of the word, any trash, garbage, rubbish, junk, decaying vegetable or animal matter, ashes, debris, obnoxious or filthy substances or any kind of solids or liquid waste material.

WHITE GOODS/APPLIANCES

Major appliances (as defined by Section 260.200, RSMo.) and any other items that cannot be disposed of at landfills, not including hazardous or infectious waste.

YARD WASTE

Yard waste that will fit in a lidded trash can or biodegradable paper bag or in neatly tied bundles secured with twine or rope with dimensions that do not exceed four (4) feet in length and two (2) feet in diameter. Yard waste includes, but is not limited to, grass clippings, leaves, vines, hedges and shrub trimmings, tree trimmings, tree limbs or other tree/shrub materials. Yard waste does not include dirt, rocks or root balls.

[1] Cross Reference — Rules of construction and definitions generally, §100.020.

[2] Editor's Note: This ordinance also provided that it shall become effective on 7-1-2015.

Section 235.020 Refuse Disposal Services — Who May Engage in. [1]

[Ord. No. 5150 §1, 9-13-2010]

A. Lawful Operations. The disposal of solid waste, yard waste and recyclable materials and any other form of trash shall be considered lawful if it is performed by:

1. Collectors under contract with the City to render such disposal service to households to the extent and by the procedures prescribed in such contracts and this Chapter. No other private collector may burden the City's streets with the wear and tear associated with recurring pickup of such materials except pursuant to the following Subsection.

2. Any private refuse collector who has been employed by or on behalf of all householders residing in an apartment complex, business establishments or public or private institutions to collect, remove and to effect final disposition of such materials from the premises concerned in full conformity with the provisions of this Chapter and at no expense to the City.

3. Alternatively, a person, who is not eligible for disposal services from the City or from a collector under contract with the City or from a private refuse collector hired by others pursuant to Subsection (A)(2) may make his/her own arrangements for lawful disposition by either transporting such materials out of the City himself/herself or by effecting the disposal of garbage on his/her own premises by means of a garbage grinding and disposal unit and the disposal of rubbish by means of an incinerator located within or outside of a building on his/her premises and such incinerator is equipped with an electrical or mechanical device to eliminate smoke-producing gases and solids and, provided further, that these disposal facilities and their operation conform with the provisions of this Chapter and all other applicable laws and have been approved by the Health Inspector.

[Ord. No. 5403 §2, 11-24-2014[2]]

[2] Editor's Note: This ordinance also provided that it shall become effective on 7-1-2015.

4. By the City's own refuse disposal department, if available.

B. Unlawful Operations.

1. It shall be unlawful for any person to store, remove or dispose of solid waste, yard waste or recyclable materials or any other form of trash by burning or burying or depositing it in an ash pit or by burying or depositing it in any alley, street, roadway, vacant lot, ditch, gully, stream, creek, body of water or any other private or public property or any other place within this City whose use for such storage or disposal has not been approved by the City Administrator or by any other means not in compliance with the ordinances of the City.

2. Also, it shall be unlawful for any person or the owner of any incinerator to burn or dispose of by incineration any material conveyed, carried or transported onto the incinerator site from locations other than said site. Incinerators are for the disposal of on-site waste material only. For purposes of this Section, "on-site" means the same or geographically contiguous property which may be divided by public or private right-of-way; provided the entrance and exit between the properties is at a crossroads intersection and access is by crossing as opposed to going along the right-of-way. Non-contiguous properties owned by the same person but connected by a right-of-way which he/she controls and to which the public does not have access is also considered on-site property.

[1] Cross Reference — Licenses, permits and miscellaneous business regulations, ch. 605.

Section 235.030 Refuse Disposal Services — Type and Scope.

[Ord. No. 5150 §1, 9-13-2010]

A. Service Made Available By City.

1. How provided. Until such time when the City deems it necessary and feasible to organize and operate its own trash disposal department, the City shall effect the collection, removal and final disposal of solid waste, yard waste and recyclable materials and other trash from households (other than apartments) by entering into a contract or contracts for such services with an individual, partnership or corporation qualified for and experienced in such operations. The person or persons with whom the City enters into contract for refuse disposal service shall be the City refuse collector or collectors.

2. Service to householders.

[Ord. No. 5403 §3, 11-24-2014[1]]

a. The City's services to householders (other than apartments) under its contract with the City refuse collector or collectors shall include the collection, removal and final disposition of all solid waste, yard waste and recyclable materials and other trash which are stored in accordance with the provisions of this Chapter and duly enacted regulations on such schedule as may be established by the City. Householders shall use approved residential containers. For householders obtaining containers from the City refuse collector, the initial containers selected by the householder, whether on or about July 1, 2015, or as a subsequent new occupant of a residence, shall be provided at no charge. Replacement containers such as to change size or due to householder damage shall be provided at a cost of fifteen dollars ($15.00) to the householder. Householders may only change container sizes during the month of June each year.

b. The City shall pay for such services pursuant to such contract(s), except that instead of the City each such householder and the other adult residents of each such household, and the condominium association when applicable, shall be jointly and severally liable to the City refuse collector serving his/her property for the following user fees effective July 1, 2015:

Note - The following fees are stated in 2014 dollars and are subject to change and unless otherwise determined by the City Council shall increase effective each July 1, including July 1, 2015, based on the change in the St. Louis Consumer Price Index for Transportation published by the United States Department of Labor, Bureau of Labor Statistics, between the immediately preceding June and June of the prior year, up to a maximum automatic annual increase of four percent (4%).

(1) Single-family dwelling (solid waste):

(a) Optional second weekly curbside pickup: fifteen dollars ($15.00) per month.

(b) Optional "rear yard" pickup, once per week: fifteen dollars ($15.00) per month.**

(c) Optional "rear yard" pickup, twice per week: thirty dollars ($30.00) per month.

**For services during the period from July 1, 2015, to June 30, 2016, the City will be paying one-hundred percent (100%) of these charges for residents. During the period from July 1, 2016, to June 30, 2017, the City will be paying a portion of these charges for residents, and residents will pay seven dollars and fifty cents ($7.50) (in 2014 dollars, subject to increase as stated herein). After June 30, 2017, the City will not pay any portion of these charges, and residents will pay one-hundred percent (100%).

(2) Condominimum unit without common dumpster (solid waste):

(a) Optional second weekly curbside pickup: fifteen dollars ($15.00) per month.

(b) Optional "rear yard" pickup, once per week: fifteen dollars ($15.00) per month.**

(c) Optional "rear yard" pickup, twice per week: thirty dollars ($30.00) per month.

** For services during the period from July 1, 2015, to June 30, 2016, the City will be paying one-hundred percent (100%) of these charges for residents. During the period from July 1, 2016, to June 30, 2017, the City will be paying a portion of these charges for residents and residents will pay seven dollars and fifty cents ($7.50) (in 2014 dollars, subject to increase as stated herein). After June 30, 2017, the City will not pay any portion of these charges and residents will pay one-hundred percent (100%).

(3) Condominium unit with common dumpster (solid waste and recycling): optional second weekly pickup, up to three (3) cubic yards' dumpster: twenty-five dollars ($25.00) per month.

(4) White goods: twenty-five dollars ($25.00) per item.

(5) Bulky goods, two (2) items' limit per pickup: no charge.

(6) Yard waste tags (obtained from City): three dollars ($3.00) per tag.

(7) Yard waste bags (obtained from City): five dollars ($5.00) per bag.

(8) Unlimited yard waste service, once per week, curbside service including use of ninety-five-gallon container with wheels, lid and handle; nine dollars ($9.00) per month. Households may subscribe and unsubscribe to this service on a quarterly basis.

[Ord. No. 5425 §1, 5-26-2015[2]]

[2] Editor's Note: This ordinance also provided that it would become effective 7-1-2015.

c. The foregoing monthly user fees shall not apply to a lot or dwelling for any month during which it is unoccupied for the full duration of the particular month. The City refuse collector shall establish procedures for property owners to submit the appropriate advance notice to establish that such monthly fees do not apply during specific months due to the property being unoccupied.

d. The City refuse collector may issue invoices on a quarterly basis for collection fees. Such invoices shall be paid within thirty (30) days. Interest shall accrue on charges not paid on a timely basis at a rate of one and one-half percent (1.5%) per month, and in addition to all other obligations a person failing to pay such invoices on a timely basis shall be liable for all costs and attorneys' fees incurred in the process of collection of such invoices.

e. Upon failure to pay such usage fees for a period of sixty (60) days, the City refuse collector may terminate all optional services to the delinquent household or association, which shall then be obligated to use standard services for disposition of solid waste, yard waste and recyclable materials and other trash in compliance with the ordinances of the City. Any use of optional services of the City refuse collector after receipt of notice of service termination, without the express written consent and approval of the City refuse collector, shall constitute stealing of services in violation of City Code Section 210.360.

f. Notwithstanding the foregoing, those residents physically unable to make use of curbside pickup will receive once-per-week rear yard collection of trash and recyclables, free of charge, for the duration of such disability. Residents seeking such free service shall submit application in the required form developed by the Department of Public Works, including verification by the resident that there is no one residing or otherwise present at his/her residence that is capable of transporting his/her refuse to the curb for collection, and obtain approval of the Director of Public Works or his/her designee. Residents receiving such free service shall notify the Department of Public Works and cease using such free service if they subsequently become able to use curbside pickup. Submittal of false application and/or failure to provide notice as required herein shall constitute an ordinance violation and offense subject to penalties as provided in Sections 100.090-100.110 of the City Code of Ordinances.

[1] Editor's Note: This ordinance also provided that it shall become effective on 7-1-2015.

B. Service By Private Collectors. Operators of apartment complexes, business establishments and public and private institutions must arrange for pickup of solid waste, yard waste and recyclable materials and other trash by private refuse collectors. All such private collectors shall perform their work in full conformity with the provisions of this Chapter. All residents other than occupants of apartments shall be served by the City refuse collector.

[Ord. No. 5403 §4, 11-24-2014[3]]

[3] Editor's Note: This ordinance also provided that it shall become effective on 7-1-2015.

C. Other Forms Of Trash. Any trash not eligible for pickup by a City or private refuse collector, including, but not limited to, hazardous materials, shall be disposed in compliance with all applicable laws by the property owners and occupants.

Section 235.040 Refuse Disposal Services — Responsibility For Proper Operation.

[Ord. No. 5150 §1, 9-13-2010]

A. Duties Of City Administrator. The City Administrator may direct, supervise and control the accumulation and storage of all refuse in this City and the collection, removal and final disposition of all refuse by the City refuse collector or private refuse collectors from households, business establishments and public or private institutions in this City in full conformity with the provisions of this Chapter and he/she shall enforce the terms of the contract or contracts between the City and the City refuse collector or collectors.

B. Supplementary Rules And Regulations. The City Administrator shall have power to establish, in addition to the provisions of this Chapter and other resolutions, such supplementary rules and regulations regarding all phases of the refuse disposal program which he/she deems necessary; provided that such rules and regulations shall not be inconsistent with this Chapter and duly adopted Council resolutions; and provided further, that they shall have as their purpose the clarification or enforcement of the provisions of this Chapter and the health and sanitation laws of the United States, this State, the County and other Counties, Cities, Towns and Villages which may be affected by the refuse disposal operations of this City.

C. Authority To Enter And Inspect Premises. The City Administrator, his/her assistants and agents shall have the right to request admission to any premises on which refuse or trash is being accumulated and stored, pending removal; provided such a request is made for the purpose of ascertaining whether or not the provisions of this Chapter are being fulfilled; and provided further, that requests for such inspections shall be made at reasonable times and upon presentation of proper credentials. Any person who refuses to grant such an inspection under the conditions prescribed may be charged with a violation of this Chapter.

Section 235.050 Accumulation and Storage of Refuse — How Regulated.

[Ord. No. 5150 §1, 9-13-2010]

A. Responsibility Of Owner Or User Of Premises.

1. Any person who owns, operates or maintains a household, business establishment or a public or private institution in this City shall be responsible to the City for the orderly and sanitary accumulation and storage of refuse and trash thereon pending removal and for the collection and removal of such refuse and trash, all in full conformity with the provisions of this Chapter and any related regulations, County ordinances, and State and Federal laws and regulations including, but not limited to, making prompt payment of any and all applicable collection user fees.

2. It shall be unlawful for any person to accumulate, deposit or store refuse or trash on his/her premises or any other place within or beyond this City in any other manner or for a longer period than prescribed in this Chapter or other applicable law.

B. Storage Methods And Procedures.

1. What may not be stored. Liquid food wastes and urine or feces of whatever origin shall not be accumulated or stored for removal by either the City refuse collector or a private collector but shall be disposed of promptly through the sanitary sewer system by the person concerned.

2. What may be stored and how.

a. Normal storage methods. All items of refuse which accumulate in households, business establishments and public or private institutions shall be safely and sanitarily stored insofar as possible and except as noted below, pending collection by either the City refuse collector or a private refuse collector in the following manner:

(1) Solid waste, yard waste and recyclable materials shall be stored in separate containers, including residential containers where applicable.

(2) Firewood intended for heating purposes may be stored on premises, provided it is piled neatly and in a manner not injurious to public health, welfare and safety.

(3) Ashes resulting from the combustion of standard heating materials may be stored in standard containers.

b. Special storage methods.

(1) Use of special containers. In the event that the refuse or trash of a business establishment, public or private institution cannot be stored satisfactorily and efficiently in the prescribed standard containers, the Health Inspector may authorize the use of trailer tanks or other containers for service by private refuse collectors.

(2) Storage of large items of rubbish. In the event that a householder, business establishment or public or private institution requires removal of large items of refuse which are constructed of material that cannot be broken up to permit storage in standard containers, such items of rubbish may be stored on the outside of the premises concerned without placement into containers; provided that the number of such items is reasonable; and provided further, that such storage will not produce conditions which in the opinion and judgment of the City Administrator tend to create a sanitary nuisance or a hazard to the public health, welfare or safety. Prompt arrangements shall be made for the collection of such large items, such as by means of white goods/appliances and/or bulky goods/furniture pickups when available to householders.

c. Placement of stored items for collection.

(1) To the extent that the City's contract with the City refuse collector provides for pickup other than at the curb, householders who select the service and pay the applicable charges may utilize such pickup option consistent with the requirements of the contract and City Ordinances. However, a householder shall not place items for collection at the curb by the City refuse collector earlier than 4:00 P.M. on the day prior to the day scheduled for collection of such items. Any containers used for the disposal of such items shall be removed from the curb by the householder not later than 6:00 A.M. the day following the scheduled collection. In the event that the amount of materials left for collection exceeds limitations imposed by the City Administrator or, in the absence of such formal limitations, a reasonable amount as determined by the City refuse collector, then the City refuse collector shall require the residents to schedule a bulky goods/furniture and/or white goods/appliances pickup.

[Ord. No. 5403 §5, 11-24-2014[1]]

[1] Editor's Note: This ordinance also provided that it shall become effective on 7-1-2015.

(2) Schedule. The weekly schedule for regular collection shall be as designated by the City Administrator from time to time. For bulky goods/furniture and white goods/appliances, residents must schedule the pickup with the City refuse collector with at least forty-eight (48) hours' notice prior to pickup.

C. Length Of Storage Period.

1. Collection by City refuse collector. Refuse and trash which under the terms of this Chapter are eligible in type and amount for collection by the City refuse collector from a householder shall not be stored on the inside or outside of the premises for a period longer than the time interval between collection days as prescribed by the City. No other refuse or trash shall be stored on the premises for more than seventy-two (72) hours.

2. Collection of business establishment, public or private institution. Refuse or other trash which on account of type or amount requires the services of a private refuse collector shall not be stored on the inside or outside of the premises for more than seventy-two (72) hours.

3. Garbage or refuse for incineration. Garbage and rubbish which under the terms of this Chapter are eligible in type and amount to be held for incineration, autoclaving, microwaving or any other on-site treatment shall not be stored on the premises for more than seventy-two (72) hours pending incineration.

D. Tank Type Containers For Multiple Dwellings, Business Establishments, Institutional And Office Establishments. When, in the opinion of the Health Inspector, it is determined necessary to expedite refuse storage and collection because of the accumulation of refuse requiring an excessive number of containers which constitute either an unsightly, unsanitary or hazardous condition in connection with any multi-family dwelling, business establishment, institutional and office establishment within the City, the owner of such dwelling shall furnish a tank-type container or containers of a size and number sufficient to contain refuse between collections as determined by the Health Inspector and such container shall be maintained in a hygienic and satisfactory condition.

E. Storage Of Refuse. Any householder who accumulates and stores refuse or trash shall provide the number of containers which in the opinion and judgment of the City Administrator are necessary for the orderly, clean and sanitary storage of refuse or trash on the premises concerned in the interim between the prescribed collection days.

F. Management Of Containers By Their Owners Or Users. Any occupier of land who owns or uses refuse containers of any kind or in whose behalf they are used by others shall keep them at all times in a dry, sanitary and leak-proof condition, free of rodents or insects and shall clean, sanitize and repair them as often as necessary for proper compliance with this Chapter. The owner or user of containers and the refuse collectors shall be careful to avoid spillage of contents and if it occurs, they shall clean it up promptly and restore the premises to a clean and sanitary condition.

G. When not lawfully at the curb for collection, residential containers shall be stored on the premises either inside a structure or otherwise in a location that is not in an area between the street of address and the plane of any face of the house that is predominantly oriented towards that street of address. To the extent solid waste collection pickup is available at other than the curb, and applicable charges have been paid, the container shall be placed for pickup in compliance with the terms of the contract between the City and the City refuse collector but shall not be in an area between the street of address and the plane of any face of the house that is predominantly oriented towards that street of address earlier than 4:00 P.M. on the day prior to the day scheduled for collection of such items or later than 6:00 A.M. the day following the scheduled collection.

[Ord. No. 5403 §6, 11-24-2014[2]]

[2] Editor's Note: This ordinance also provided that it shall become effective on 7-1-2015.

Section 235.060 Commercial Building Owners To Provide Refuse Facilities.

[Ord. No. 5150 §1, 9-13-2010]

A. Every owner of a commercial building, including apartments and other multifamily dwelling complexes, shall provide at least one (1) refuse container for each building, unless additional containers or other methods are deemed necessary by the Director of Public Works for proper and sanitary storage of refuse. Said containers shall have a capacity of not less than twenty-five (25) gallons nor more than thirty-two (32) gallons and shall be constructed of galvanized iron or similar durable material of not less than twenty-six (26) gauge thickness. These containers shall be equipped with tight-fitting lids.

[Ord. No. 5403 §7, 11-24-2014[1]]

[1] Editor's Note: This ordinance also provided that it shall become effective on 7-1-2015.

B. When in the opinion of the Director of Public Works it is determined necessary to expedite refuse storage and collection because of accumulation of refuse requiring an excessive number of containers which constitute either an unsightly, unsanitary or hazardous condition in connection with any building within the City, the owner of said building shall be directed to furnish a tank-type container or containers of a size and number sufficient to contain refuse between collections as determined by the Director of Public Works and such container shall be maintained in a hygienic and satisfactory condition and be placed at a collection point approved by the Director of Public Works. Screening shall be provided as deemed necessary by the Director of Public Works.

Section 235.070 Pickup of Trash From Office, Commercial, Institutional Buildings and Property Uses.

[Ord. No. 5150 §1, 9-13-2010; Ord. No. 5240 §1, 1-23-2012]

A. No person shall pick up or collect refuse or trash within the City limits except between the hours of 7:00 A.M. to 9:00 P.M. on weekdays or Saturdays and 9:00 A.M. to 6:00 P.M. on Sundays with the following exceptions:

1. Any container in the "RO" Research Office Park District as designated on the official map of the City may be collected at any hour on any day; and

2. The Chief of Police or his/her duly authorized designee may issue a revocable permit varying such hours for pickup at a specific location where investigation reveals there is no significant disturbance to inhabitants of nearby property. Such permit may be revoked upon the determination of the Chief of Police that continuation of such permit would disturb the use of nearby property by its owners or inhabitants and such administrative determination shall be considered final.

B. Each container for office, commercial and institutional pickups shall have the name of the firm or corporation responsible for pickup, along with the business address and telephone number of such firms located in a visible place on the container.

Section 235.080 Authorized Recyclable Materials — Collection.

[Ord. No. 5150 §1, 9-13-2010]

A. Materials authorized for recycling by the City refuse collector are defined in this Chapter as recyclable materials and shall be as determined from time to time by the City Administrator or his designee. The City shall regularly inform the public as to the list of recyclable materials.

B. Scavenging And Unauthorized Collections.

1. Authorized recyclable materials placed at curbside for collection or in any recycling receptacle authorized by the City are the property of the City or its authorized collection agent. It is a violation of this Chapter for any person unauthorized by the City to collect or pick up, cause to be collected or picked up any such recyclable materials or receptacles.

2. Nothing in this Section is intended to prevent any occupier of land from donating or selling recyclable materials from its own refuse in an otherwise lawful manner.

3. It shall be unlawful for any person to place, locate, establish, maintain, erect, leave or otherwise make available any unattended recycling receptacle which is in public view in the City for the purpose of collecting discarded recyclable materials; provided however, in the case of undertakings sponsored by and located on a site owned by a bona fide non-profit organization or a licensed business, a temporary renewable permit, for the period of one (1) year, for the location and the use of recycling receptacles may be issued. The City Administrator shall determine rules and regulations regarding such locations. The actual costs of issuance of such permits as well as the costs of regular inspections which shall be required in order to uphold such rules and regulations shall be paid by the non-profit organization or licensed business applying for said permit.

C. Recyclable materials for collection shall be placed at the curb in City-approved residential containers not earlier than 4:00 P.M. on the day prior to the day scheduled for collection of recyclables. Any containers used for the disposal of such items shall be removed from the curb by the householder not later than 6:00 A.M. the day following the scheduled collection. Residents unable to place recyclable materials at the curb for pickup due to documented disability may receive alternative collection services in compliance with the terms of the contract between the City and the City refuse collector as provided in Section 235.030, but the containers shall not be in an area between the street of address and the plane of any face of the house that is predominantly oriented towards that street of address except between 4:00 P.M. on the day prior to the day scheduled for collection of such items and 6:00 A.M. the day following the scheduled collection.

[Ord. No. 5403 §8, 11-24-2014[1]]

[1] Editor's Note: This ordinance also provided that it shall become effective on 7-1-2015.

Section 235.090 Yard Waste — Collection.

[Ord. No. 5150 §1, 9-13-2010]

Yard Waste for collection shall be placed at the curb in City-approved residential containers or bundles not earlier than 4:00 P.M. on the day prior to the day scheduled for collection of yard waste. Any containers used for the disposal of such items shall be removed form the curb by the householder not later than 6:00 A.M. the day following the scheduled collection. Householders must either use the container provided by the City refuse collector or City-approved prepaid yard waste bags or place the required prepaid tags on the containers or bundles. Residents may bundle limbs with twine or rope, but bundle dimensions must not exceed four (4) feet in length and two (2) feet in diameter. Householders making use of City leaf and limb services must make prompt arrangements for the pickup of such materials from the curb and pay any established user fees upon receipt of City invoice in accordance with the provisions set forth in this Chapter concerning City refuse collector invoices.