[Adopted 6-7-1993 by Ord. No. 9315]
For the purposes of the construction and interpretation
of this article, the following definitions shall be applicable:
Any materials, such as lumber, brick, plaster, gutters or
other substances, accumulated as a result of repairs or additions
to existing buildings or demolition of existing structures.
Any large item that is not easily combustible or disposable
and which can not be easily placed and supported in a thirty-gallon
trash bag, including but not limited to refrigerators, stoves, washers,
dryers, dishwashers, trash compactors, cabinets, furniture, metal
cabinets, water heaters, car parts, boat motors and similar items.
Used interchangeably and intended to include all waste, refuse,
rubbish and other discarded matter resulting from residential activity,
including all putrescible animal and vegetable waste resulting from
handling, preparation, cooking and consumption of food; all nonputrescible
solid waste except recyclable materials as defined and regulated elsewhere
in this chapter,[1] including newspaper, aluminum, tin, glass, paper, corrugated
cardboard, plastic, yard refuse and leaves, and excluding body and
household waste processed by the City Water and Sewer Department.[2]
All garbage, trash or bulky items other than residential
garbage or trash from locations within the City of Salem.
A metal or heavy plastic container for garbage or trash,
which is watertight with a tight-fitting cover that prevents flies,
vermin and the elements from reaching the contents, and is provided
with wheels and/or handles sufficient for safe and convenient handling.
Garbage or trash from residential activity of residences
located within the City of Salem consisting of single-family dwellings
or multiple dwellings of no more than four residential units (residential
dwellings).
A.
The placing, depositing, collection and disposition
of garbage and trash within the limits of the City of Salem shall
not be permitted in any manner except as provided herein. No person
who is not a resident of the City of Salem shall bring into the City
of Salem, for the purpose of disposal, any substance regulated within
this article.
B.
No unauthorized person or entity as hereinafter defined
shall deposit refuse in a bulk refuse container (dumpster) within
the City of Salem. No person or entity shall deposit refuse in a container
utilized for recycling purposes in any location within the City of
Salem. The finding of refuse in any such containers, which refuse
in part contains material bearing the name or other identifying mark
of a person or entity as addressee, shall create a rebuttable presumption
that the person or entity to whom such material was found to be addressed
deposited such refuse without authorization and in violation of this
article. "Unauthorized person or entity," as used herein, shall mean
a person or entity utilizing a bulk refuse container owned, leased
or contracted for by another person or entity without the consent
of such person or entity.
[Added 10-16-1995 by Ord. No. 95-15]
All residential garbage and trash shall be drained
free of liquid and kept in thirty-gallon, leakproof, nonabsorbent
bags. All dangerous garbage and trash items of injurious nature, such
as broken glass, light bulbs, sharp pieces of metal, fluorescent tubes
and television tubes, shall be securely wrapped prior to bagging to
prevent injury. Once full, the bags shall be securely sealed or tied
and contained in an appropriate receptacle. A suitable number of such
bags and appropriate receptacles shall be provided by the owner and/or
occupant of every residential dwelling for this purpose.
A.
Upon an effective resolution of the City Council,
the City of Salem shall provide for the collection of residential
garbage and trash from dwellings located in the City. Collection days
shall be designated by resolution of the City Council.
B.
Collection of residential garbage and trash shall
be facilitated by the sale of pickup stickers by the City of Salem.
These stickers shall be sold by the City at the City Municipal Building
and such other City facilities as may be designated by resolution
of the City Council. The stickers shall be sold at prices which reflect
the cost of collection and disposal, which cost is hereby initially
established at $1 per sticker. It shall be required that one sticker
be affixed to each thirty-gallon bag to be collected by the City,
and five stickers shall be affixed to each bulky item. A suitable
number of such stickers shall be provided by the owner and occupant
of every residential dwelling for this purpose.
C.
Residential garbage and trash shall be placed for
collection no sooner than 6:00 p.m. on the day prior to the designated
day for collection and no later than 6:00 a.m. on the designated collection
day. The City will not be responsible for collecting garbage or trash
which is placed for pickup in violation of these time requirements.
D.
Each bag of garbage and trash and each bulky item
must have the appropriate sticker separately affixed to it in order
to be eligible for collection by the City. No garbage or trash shall
be placed for collection by the City without the appropriate separately
affixed sticker on designated collection days.
E.
Each bag of garbage or trash, with the appropriate
sticker attached, shall be placed for collection on the designated
days at the curb in a manner which provides reasonable, safe and convenient
access for collection personnel. No garbage or trash shall be place
in the street or highway. No garbage or trash shall be placed for
collection in a manner which prevents or obstructs access along the
sidewalk or pedestrianway or obstructs or covers a storm sewer or
drainage facility.
F.
Bulky items, with the appropriate stickers affixed,
shall be brought to the City Street Department garage on designated
dropoff days, to be disposed of by the City. If a resident seeking
to dispose of a bulky item cannot arrange for transportation, then
such resident may contact the Street Department to arrange for an
appointment for the same to be picked up from the curb on a designated
day for the pickup of such items.
G.
If any garbage or trash placed for collection is upset
or overturned by collection personnel, such personnel shall immediately
collect such garbage or trash and dispose of same in the collection
vehicle.
On any projects which require the issuance of
a building permit by the Construction Code Official, the City shall
not be responsible for collecting building materials and debris from
any job site. This is the responsibility of the owner, occupant and/or
builder, and no such discarded building materials or debris shall
be placed for collection by the City.
All nonresidential garbage or trash shall be
bagged and kept in receptacles as specified herein or covered bulk
receptacles so as to eliminate wind-driven debris and unsightly litter.
The owners and/or occupants of establishments which generate nonresidential
garbage or trash shall be responsible to provide a suitable number
of bags and such receptacles and to make appropriate arrangements
for private trash pickup.
[Amended 7-20-2020 by Ord. No. 20-07]
Any person violating this article shall, upon conviction, be
subject to a fine of not less than $100 nor more than $2,500; or imprisonment
in the county jail for a term not exceeding 90 days or by a period
of community service not exceeding 90 days. Any person who is convicted
of violating this article within one year of the date of a previous
violation of the same article and who was fined for the previous violation,
shall be sentenced by a court to an additional fine as a repeat offender.
The additional fine imposed by a court upon a person for a repeated
offense shall not be less than the minimum or exceed the maximum fine
fixed for a violation of the article, but shall be calculated separately
from the fine imposed for the violation of the article.
