[Amended 3-5-2013 by Ord.
No. 1663]
This article shall apply to all territory within the corporate
City limits of the City of Papillion, County of Sarpy, State of Nebraska.
It shall be unlawful for any person to keep in, on or about
any dwelling, building or premises, or any other place within the
corporate limits of the City, any refuse as defined herein.
A.
ASHES
BUILDING RUBBISH
COMMERCIAL REFUSE
GARBAGE
INDUSTRIAL WASTES
PERSON
REFUSE
REFUSE COLLECTOR
RUBBISH/TRASH
(1)
(2)
As used in this article, the following terms shall have the meanings
indicated:
The solid waste products of coal, coke, wood and other fuels
used for heating and cooking.
Rubbish from construction, remodeling and repair operations
on houses, commercial buildings and other structures, including but
not limited to excavated earth, stones, brick, plastic, lumber, concrete
and waste parts occasioned by installations and repair.
Refuse produced by retail, wholesale, service and entertainment
establishments and by hotels and restaurants.
The organic waste and residue of animal, fruit or vegetable
matter arising from or attending the household preparation of meats,
fish, fowl, fruits and vegetables and shall include the organic waste
of animal, fruit or vegetable matter attending the preparation of
food from any home, hotel, hospital, church, restaurant or commercial
establishment or which may become offensive or injurious to the public
health.
Refuse or waste from factories, processing plants and other
manufacturing enterprises.
Every person, entity, firm, partnership, association or corporation.
Includes garbage and rubbish, except sewage, dirt and manure,
from all public and private establishments and residences.
The City of Papillion and any person, persons, firm, corporation
or company granted a license by the City of Papillion to collect,
haul or dispose of refuse.
All nonputrescible wastes, such as paper, plastic, tin cans,
broken crockery, bottles, glass containers, rags, ashes, lawn trimmings
and tree trimmings (other than those produced by City departments
or commercial tree trimmers), waste from minor household repairs,
papers, boxes, packing materials and all refuse from dwellings and
all business, commercial and industrial establishments, except the
following:
Sewage, dirt and manure.
Wastepaper and other salvage materials which might affect the
public health and safety, but which actually have a value to the owner
or producer thereof, and which will not affect the public health and
safety when handled and transported over the streets or alleys of
the City in accordance with the regulations contained herein.
B.
Words herein used in the present tense shall include the future tense,
and in the singular shall include the plural, and in the plural shall
include the singular, and in the masculine shall include the feminine
gender.
A.
This article empowers the City to buy, maintain, or lease and operate
equipment for the removal and disposal of refuse from within the City
and/or to enter into contracts for such services, in which event the
Public Works Department shall have supervision over the collection
of refuse within the City and shall have supervision and control of
the manner in which refuse is disposed, which may be established by
the City.
B.
Notice that removal of garbage or refuse is necessary shall be given
to each owner or to the owner's duly authorized agent and to
the tenant, if such exists. Such notice shall be provided by personal
service or by certified mail. After providing such notice, the City,
through its proper offices, shall, in addition to other proper remedies,
remove the garbage or refuse, or cause it to be removed, from such
lot or land and streets, roads, or alleys.
C.
If the Code Official declares that the accumulation of such garbage
or refuse upon any lot or land constitutes an immediate nuisance and
hazard to public health and safety, the City shall remove the garbage
or refuse, or cause it to be removed, from such lot or land within
48 hours after notice by personal service or following receipt of
a certified letter in accordance with this section if such garbage
or refuse has not been removed.
D.
Whenever the City removes any garbage or refuse, or it causes it
to be removed, from any lot or land pursuant to this chapter, it shall
assess the cost of the removal against such lot or land. The cost
and expense of such removal shall be paid by the property owner. The
City Clerk shall notify the property owner, by certified mail of the
costs of removal; and, if the same is not paid within 10 days of receipt
of notice, the City may either levy and assess the costs and expenses
upon the lot or piece of ground so benefited in the same manner as
other special taxes for improvements that are levied and assessed
or recover in a civil action the costs and expenses of the work upon
the lot or piece of ground.
It shall be the duty of every person in possession, charge or in control of any dwelling, flat, rooming house, apartment house, hospital, school, hotel, club, restaurant, boardinghouse or eating place or in possession, charge or control of any shop, place of business or manufacturing establishment where refuse is created or accumulated, at all times to keep or cause to be kept containers of the type specified in § 162-6 herein for the deposit therein of refuse and to deposit or cause to be deposited the same therein. It shall be the duty of the owner or tenant of any dwelling, flat, apartment house or trailer camp to furnish such containers.
Refuse shall be placed in covered containers or bound bags.
A.
Residential containers shall be of such size and shape as to be easily
handled by one man and shall have the capacity of not more than 32
gallons and shall be provided with handles sufficient for safe and
convenient emptying and shall, when full, not exceed a total weight
of 75 pounds, except for trash-hauler-issued containers, which cannot
exceed 96 gallons and, when full, 250 pounds, and shall be kept in
good, serviceable condition and covered at all times.
B.
Bags shall be of durable construction, securely tied, with a maximum
of 35 gallons; the total weight when full shall not exceed 30 pounds.
C.
Except as licensed in Subsection D of this section, containers and bags may not be located in front of the building lot line or street side yard building line, except for temporary placement curbside not more than 24 hours before pickup.
D.
Two tightly closed, impermeable garbage containers may be kept in
front of the building lot line or street side yard building line within
three feet or the exterior wall of the home.
E.
All owners or occupants shall have the contents of all garbage containers
removed from the premises at their own cost at least once a week,
and it shall be unlawful to fail to do so.
F.
From the date of this chapter, all new refuse containers for all
business establishments and multifamily housing complexes containing
five or more housing units shall be enclosed with a minimum of the
following requirements:
(1)
Be solid or opaque on three sides and a minimum of six feet high.
(2)
Be constructed of material that is similar to or compatible with
those of the primary building.
(3)
Have a steel-framed gate with decorative steel or wood covering or
another design acceptable to the Planning Director. (Chain-link fencing
with inlaid wood or metal slats shall not be considered acceptable.)
(4)
Shall comply with all other zoning and building code requirements.
A.
Industrial waste shall be collected, removed and disposed of by the
operator of the factory, plant or enterprise creating or causing the
same in accordance with applicable ordinances and with regulations
not in conflict therewith to be promulgated by the Public Works Department
and approved by the Council of the City of Papillion. Industrial waste
shall be transported by and at the expense of the owner thereof to
the point of disposal designated by the Public Works Department.
B.
Building rubbish shall be collected, removed and disposed of by the
contractor or builder, or, in the event of their failure, by the owner
of the property, in accordance with applicable ordinances and with
regulations not in conflict herewith to be promulgated by the Public
Works Department and approved by the Council of the City of Papillion.
Where commercial refuse from commercial establishments engaging in
business exceeds 100 gallons during a period to be determined by the
Public Works Department of the City of Papillion in each case, and
such excess is not due to the failure of the collector of refuse to
make collection as required hereunder and under the regulation of
the City of Papillion, the Public Works Department may, by regulation,
require the operator of such business to collect, remove and dispose
of such excess, provided that such regulations shall be applicable
to all such operators without discrimination.
A.
Any refuse collector who violates any of the prohibitions or provisions
of any section of this article shall be deemed guilty of a Class III
misdemeanor. Unless otherwise specified in the particular section
which the company violated, the penalty for such violation shall be
a fine in a sum of $500, three months' imprisonment, or both.
B.
Any person who violates any of the prohibitions or provisions of
any section of this article shall be deemed guilty of a misdemeanor.
Unless otherwise specified in the particular section which the person
stands convicted of violating, the penalty for such violation shall
be a fine in any sum not exceeding $500 or imprisonment for three
months, or both said fine and imprisonment, at the discretion of the
sentencing court.
Each day, or part thereof, on which a violation under this article
continues shall be a separate offense.
