[R.O. 2005 §13-1; CC 1997 §13-l]
For the purposes of this Chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this Section:
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,
education, religious, benevolent or professional activities or in
the management or operation thereof.
Any individual, firm, partnership, corporation or employees
thereof under contract with the City for the collection, removal and
final disposition of garbage or refuse, or both, from all premises
owned, rented, leased or occupied by any householder within the City
under the direction and supervision of the Director of Solid Waste.
The City Manager or his/her duly appointed representative.
All semi-solid and solid food wastes derived from and during
the procurement, storage, processing, sale, cooking, serving and consumption
of food materials of animal, vegetable or synthetic origin which are
intended for and are used by householders, business establishments
or public or private institutions for the refreshment or sustenance
of human beings or animals. The term "garbage", as
used in this Chapter, shall not include dead animals, liquid wastes
or the wastes resulting from the operation of slaughterhouses and
packing plants from the processing of hides or other animal parts.
Any individual who is the legal owner or nominal head of
a household comprised of himself/herself and other individuals who
own or hold temporary or permanent domicile in a single-family dwelling,
hotel or boarding school within this City.
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.
Any building or portion thereof used or designed as a residence
for two (2) or more families living independently of each other.
Any person who has been licensed by the City to engage in
the collection, removal and final disposition of refuse and who has
been employed by any other person to render such services.
All solid waste material exclusive of garbage, feces of whatever origin and other objects not subject to storage under the provisions of Section 230.090.
[R.O. 2005 §13-2; CC 1997 §13-2]
A.
The City
shall plan, organize, implement and enforce, to the extent and in
the manner prescribed by this Chapter, a City-wide refuse disposal
program providing for the accumulation, storage, removal and final
disposition by the City refuse collector or private refuse collectors,
or both, of all garbage and refuse produced by and in households,
business establishments and public or private institutions within
this City. This refuse disposal program shall be of sufficient scope
to assure the preservation of the public health, welfare and safety
in this City. The disposal operations operated by the City shall be
known as the "City's refuse disposal service". The disposal operations
which are paid for directly by business establishments and public
or private institutions shall be known as the "private refuse disposal
service". Each of these services shall be divided into the following
phases of operations:
1.
Accumulation and storage of refuse on premises served. This
operation shall be the responsibility of the owner, user or operator
of the premises concerned.
2.
Collection and removal of refuse from premises served. This
operation shall be the responsibility of the City refuse collector
or the licensed private collector, or both.
3.
Final disposition of refuse on sites and by methods approved by Director
of Solid Waste or other City Official. This operation shall
be the combined responsibility for the respective refuse collectors
and the owner and operator of the disposal site.
[R.O. 2005 §13-3; CC 1997 §13-3]
A.
The disposal
of refuse shall be considered lawful if it is performed by:
1.
The
City refuse collector or collectors under contract with the City to
render refuse disposal service to households to the extent and by
the procedures prescribed in such contracts and this Chapter;
2.
Any
private refuse collector who has been licensed for such work by the
City and who has been employed by one (1) or more business establishments,
public or private institutions to collect, remove and to effect final
disposition of refuse from the premises concerned in full conformity
with the provisions of this Chapter and at no expense to the City;
3.
Any
other person provided he/she effects the disposal of garbage on his/her
own premises by means of a garbage grinding and disposal unit or other
facilities and their operation conforms with the provisions of this
Chapter and has been approved by the Director of Solid Waste;
4.
By the
City's own refuse disposal department, if available.
[R.O. 2005 §13-4; CC 1997 §13-4]
It shall be unlawful for any person, other than the fully authorized
collectors of the City as prescribed in this Chapter, to collect garbage
or refuse or to interfere in any manner with any receptacle containing
garbage or refuse or the contents thereof or to remove any such receptacles
from the place where the same are placed by the owner or lessee thereof
or to remove the contents of such receptacle.
[R.O. 2005 §13-5; CC 1997 §13-5]
It shall be unlawful for any person to engage in business as
a private refuse collector within the City without first obtaining
a license to engage in such business. Persons desiring a license to
conduct such business shall apply to the Director of Solid Waste who,
upon satisfactory proof of the qualifications and fitness of the applicant
and of his/her ability to comply with all of the provisions of this
Chapter, shall issue a certificate of qualification and the applicant,
upon presentation to the City Clerk of such certificate of qualification,
together with the payment of a fee of one hundred dollars ($100.00)
for each truck to be used in such business, shall be entitled to a
license to engage in business as a private refuse collector. The refuse
collector is to establish the number of trucks to be used. Such license
shall expire on June thirtieth (30th) of the calendar year of issuance
and may be renewed thereafter annually upon payment of such fee of
one hundred dollars ($100.00) per truck; provided, that the Director
of Solid Waste shall have the right to direct the City Clerk to refuse
to renew any such license if the Director of Solid Waste shall determine
that the holder thereof no longer qualifies for a license under the
provisions of this Section. Initial license fee may be prorated to
expire on June thirtieth (30th).
[1]
Cross References—License fee, §605.170(A)(4); occupational licenses, ch. 605.
[R.O. 2005 §13-6; CC 1997 §13-6]
It shall be unlawful for any person to store, remove or dispose
of refuse by burning 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
or beyond this City whose use for refuse storage or disposal has not
been approved by the Council.
[R.O. 2005 §13-7; CC 1997 §13-7]
A.
How Provided. The City may effect the collection, removal
and final disposition of garbage and refuse from households by entering
into a contract for such services with an individual, partnership
or corporation qualified for and experienced in these operations.
The person with whom the City enters into contract for refuse disposal
service shall be termed the City refuse collector.
B.
Service To Householders. The City's services to householders under its contract with the City refuse collector shall include the collection, removal and final disposition of all garbage and refuse which is stored in accordance with the provisions of Section 230.090.
C.
Service To Business Establishments. The private services
to business establishments, public and private institutions under
contract with private refuse collector or collectors shall include
the collection, removal and final disposition of all garbage and refuse
which is stored in accordance with the provisions of this Chapter,
at no cost to the City.
D.
Service To Multiple Dwellings. The private service to multiple
dwellings under a private refuse collector shall include the collector's
removal and final disposition of all garbage and refuse which is scored
in accordance with the provisions of this Chapter, at no cost to the
City.
[R.O. 2005 §13-8; CC 1997 §13-8]
A.
Duties Of Director Of Solid Waste. The Director of Solid
Waste shall 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 from households or private
refuse collectors, from 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 contracts between
the City and the City refuse collector.
B.
Supplementary Rules And Regulations. The Director of Solid
Waste shall have power to establish in addition to the provisions
of this Chapter, such supplementary rules and regulations on 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 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, State, County
and other Counties, Cities, towns and villages which may be affected
by the refuse disposal operations of this City.
[R.O. 2005 §13-9; CC 1997 §13-9]
A.
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 pending removal in full conformity with the provisions of
this Chapter.
B.
It shall
be unlawful for any person to accumulate, deposit or store refuse
on his/her premises or any other place within or beyond this City
in any manner or for a longer period than prescribed in this Chapter.
[R.O. 2005 §13-10; CC 1997 §13-10]
A.
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 sewer system by the person concerned.
B.
What May Be Stored And How. All items of refuse which accumulate
in households, business establishments and public or private institutions
shall be 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.
If the
City's refuse disposal program provides for the separate collection
of garbage and refuse, such wastes shall be stored in separate containers
of the standard type.
2.
If the
City's refuse disposal program provides for the combined collection
of garbage and refuse, such wastes shall be stored together in the
same standard container but the garbage shall be bundled and wrapped
in paper of sufficient thickness to minimize leakage.
[R.O. 2005 §13-11; CC 1997 §13-11]
A.
Use Of Special Containers. In the event that the garbage
or refuse of a business establishment, public or private institution
cannot be stored satisfactorily and efficiently in the prescribed
standard containers, the Director of Solid Waste may authorize the
use of trailer tanks or other containers for service by private refuse
collectors.
B.
Storage Of Large Items Of Refuse. In the event that a 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 refuse may be stored on the outside of the premises concerned without
placement into containers; provided, that the number of such items
is reasonable and that such refuse is kept at least eighteen (18)
inches above the ground; and provided further, that such storage will
not produce conditions which in the opinion and judgment of the Health
Commissioner and the Director of Solid Waste will tend to create a
sanitary nuisance or a hazard to the public health, welfare or safety.
[R.O. 2005 §13-12; CC 1997 §13-12]
Garbage and refuse which under the terms of this Chapter are
eligible in type and the amount for collection by the City refuse
collector shall not be stored on the inside or outside of premises
for a period longer than the time interval between collection days
prescribed by the City. Garbage and refuse which on account of type
or amount require the services of a private refuse collector shall
not be stored on the inside or outside of premises for more than ninety-six
(96) hours pending collection.
[R.O. 2005 §§13-13—13-15; CC 1997 §§13-13—13-15]
A.
In order
to assure that the accumulation and storage of refuse shall be performed
in an orderly, clean, sanitary and safe manner, the containers which
are used for these purposes shall be of the following types:
1.
Standard container. Insofar as possible and except as noted in Section 230.110 and this Section, garbage and refuse shall be stored between collection periods in standard containers which have a capacity of not less than five (5) gallons nor more than ninety-six (96) gallons. These containers shall be containers constructed of galvanized iron, plastic or similar durable material. These containers shall be equipped with tight-fitting lids and suitable bails or handles.
2.
Baskets or bags. Containers of this type may be used for
the storage of grass cuttings and leaves, but in order to prevent
spillage such baskets or bags must be free of holes.
3.
Bundles. Items of refuse such as trimmings from bushes
and trees and other items which are too large for storage in the standard
containers may be tied into bundles which shall not exceed four (4)
feet in length, are of a volume which can be handled easily by one
(1) man and are of a weight not in excess of seventy-five (75) pounds.
B.
Number. Any person who accumulates and stores refuse shall
provide the number of containers which in the opinion and judgment
of the Director of Solid Waste are necessary for the orderly, clean
and sanitary storage of refuse on the premises concerned in the interim
between the prescribed collection days; provided, that no more than
three (3) standard containers shall be provided by any householder
at his/her dwelling place.
C.
Management By Their Owners Or Users. Any person 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, rodent,
insect and leakproof condition and shall clean, sanitize and repair
them as often as necessary for proper compliance with this Chapter.
The level of the contents of standard containers, baskets and bags
shall be kept at least four (4) inches from the top. 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.
[R.O. 2005 §13-16; CC 1997 §13-16; Ord. No. 2618 §1, 3-3-2004; Ord. No. 2624 §1, 3-17-2004; Ord. No. 2639 §1, 6-2-2004]
A.
Collection Points. All refuse which is accumulated in the
City and offered for disposal shall be collected from the curb of
the premises. Refuse containers shall be kept at all times at a point
on the premises which is behind the front of the existing residence,
except at times of collection. For purposes of this Subsection, if
a residence occupies a lot with two (2) or more front yards, the front
of the house shall be deemed to exist on the side containing the front
entrance to the residence. If it is not possible, due to physical
limitation of the resident or physical configuration of the residence,
for the refuse containers to be kept behind the front of the existing
residence or if doing so would create an undue hardship on the resident,
a limited waiver may be obtained from the City at the discretion of
the City's Code Enforcement Officer. The person who is responsible
for the proper storage of refuse on the premises concerned and the
collector serving him/her shall confer and shall designate a collection
point at which prior to 7:00 A.M. on collection days all the containers
and items of refuse which are to be removed from the premises shall
be placed. No container or containers shall be placed at the curb
collection point prior to 4:00 P.M. the day before collection and
must be removed from curb collection point on the same day as collection.
If it is not possible, due to physical limitation of the resident,
for the resident to comply with these time restrictions or if doing
so would create an undue burden, a limited waiver may be obtained
from the City at the discretion of the City's Code Enforcement Officer.
On collection days all refuse containers and items of refuse shall
be placed at their designated collection point. The City refuse collector
shall not be required to collect refuse from the inside of buildings,
nor any refuse not contained in a standard container; nor leaves,
grass clippings, dirt or construction materials packed in plastic
bags or other unsuitable disposable containers and placed at the curb.
When refuse containers contain both eligible refuse and non-eligible,
the City refuse collector shall not be obligated to collect and remove
their contents. When such violation occurs, the City refuse collector
shall report it to the person concerned and the Director of Solid
Waste. In case of controversy as to the eligibility or ineligibility
of refuse, the decision of the Director of Solid Waste shall be final.
B.
Management Of Containers By Refuse Collectors. Refuse collectors
shall perform their duties in a quiet, orderly and sanitary manner.
After emptying the containers, the collector shall replace their lids
and shall return the covered containers to the designated collection
point on the premises. In case of spillage during collection, the
refuse collector shall pick up the spillage and restore the premises
to a clean and sanitary condition. In the event the City refuse collector
damages a container or its lid to an extent that it is subject to
condemnation by the Health Department, it shall be the responsibility
of the City refuse collector to replace the containers or the lid
with a new container or lid of the same type, quality and size.
C.
Method Of Collection. The collection and removal of garbage
and refuse shall be effected either by a combined or a separate operation
as prescribed by the Council.
D.
Frequency Of Collection And Removal.
1.
Collection
and removal of refuse by the City's collector shall be made one (1)
time weekly as prescribed in the contract between the City and its
refuse collector and such collections shall be made on the days designated
by the refuse collector with the approval of the Council.
2.
In addition
to the regularly scheduled pickups, the City refuse collector will
pick up larger discarded household items (bulky or "white" items)
on an as-needed basis upon notification of the individual residents.
3.
Collections
and removal of refuse by private, licensed collectors shall be made
as often as deemed necessary by the Director of Solid Waste to prevent
the development on the premises concerned of conditions which tend
to create a sanitary nuisance or hazard to the public health, welfare
and safety.
4.
No collections
shall be made from households, business establishments, public or
private institutions before 6:30 A.M. or after 5:00 P.M. No collections
shall be made from any types of premises on Sundays.
E.
Equipment. All refuse, including garbage, shall be collected
and removed in vehicles with solid metal bodies or liners and which
have leakproof bottoms and sides. Open top vehicles shall be permitted
only during a specified period with written permission granted by
the Director of Solid Waste. All vehicles and other equipment used
in these operations shall be kept at all times in a clean, sanitary
and safe condition and in good repair by the operator. All vehicles
and other equipment used in these operations shall be subject to the
approval and periodic inspections by the Director of Solid Waste.
F.
Personnel. The City refuse collector or private refuse collector
shall conduct his/her operations with personnel who are capable of
operating the required equipment in a safe, efficient and satisfactory
manner. They must be courteous, neat and clean at all times.
[R.O. 2005 §13-17; CC 1997 §13-17]
A.
Illegal Methods And Sites. It shall be unlawful for any
person or collector to dispose of refuse on his/her premises or on
any other place within or beyond this City or County or in any other
manner than as prescribed in this Chapter.
B.
Legal Methods And Sites. The methods and the sites which
the City refuse collector proposes to use for the final disposition
of refuse collected in this City shall be subject to the approval
of the Council and State Department of Health and shall be in full
conformity with the provisions of this Chapter and the Statutes of
the Federal and State Governments and the ordinances, rules and the
regulations which have been or may be enacted by this City, the County
or other Counties, Cities, towns or villages which may be affected
by the refuse disposal operations of this City.
[R.O. 2005 §13-18; CC 1997 §13-18]
The City may provide these services to the extent prescribed
in this Chapter by entering into contract with a person well qualified
and experienced in refuse disposal operations and, in the opinion
of the Council, in the best interest of the City.
[R.O. 2005 §13-19; CC 1997 §13-19]
All contracts for refuse disposal services in behalf of the
City shall be executed on a standard form prescribed by the Council
and in the manner and in accordance with the procedures prescribed
in this Chapter. The contract shall specify directly or by reference
to the pertinent provisions of this Chapter, the time period of the
contract, the sum to be paid by the City to the contractor for his/her
services, the method of payment, the respective duties and obligations
of the contractor and the City during the term of the contract and
the various penalties which the City may invoke against the contractor
for non-compliance with the terms of the contract, the provisions
of this Chapter and all the laws pertaining to refuse disposal operations
which are now in effect or may hereafter be enacted. In addition to
the stipulations enumerated, all contracts shall contain such other
provisions not inconsistent with this Chapter or shall, in the judgment
of the officers of the City, best protect the interests of the City.
[R.O. 2005 §13-20; CC 1997 §13-20]
A.
Insurance. The contractor shall obtain and keep in force
at his/her expense during the life of the contract the following types
of insurance in some insurance company approved by the Council:
1.
Workers'
Compensation insurance as prescribed by the Statutes of the State;
and
2.
A policy
of liability insurance on each vehicle used in refuse disposal operations
covered by the contract, indemnifying both the contractor and the
City against damage suits, in amounts to be periodically fixed by
the Council but not less than five hundred thousand dollars ($500,000.00)
and five hundred thousand dollars ($500,000.00) in case of personal
injury or death and twenty-five thousand dollars ($25,000.00) in case
of property damage.
B.
Bond. The contractor shall post a cash deposit or bond in
the sum equal to the value of the contract for each year.
[R.O. 2005 §13-21; CC 1997 §13-21]
The contractor shall not assign or transfer his/her contract
or subject any of the work embraced in it without the written permission
of the Council.
[R.O. 2005 §13-22; CC 1997 §13-22]
After the contract has been executed by the City, the contractor
shall promptly execute the required performance bond and insurance
documents.
[R.O. 2005 §13-23; CC 1997 §13-23]
In consideration of the satisfactory and full performance of
all provisions of the contract, the City shall pay the contractor
the sum stipulated in the contract as full compensation for the services
rendered by means of equal monthly installments payable on the last
day of each month or as may be agreed by the City and contractor.
[R.O. 2005 §13-24; CC 1997 §13-24]
A.
For the
purpose of defraying the cost of the collection services as performed
by the City refuse collector, the rate of charge per month shall be
determined by the actual unit cost to provide this service.
B.
Bills
for the collection of garbage and refuse shall be sent to the owner
of the premises at such times as may be directed by the Council. If
the Council determines that general revenue received by the City is
great enough to cover the cost of single residential garbage and refuse
collection, this billing may be abated for a predetermined period.
C.
Garbage
and refuse services shall be deemed to be furnished to the occupant
of the premises receiving such service and the City rendering such
services shall have power to sue the owner of such real estate in
a civil action to recover any sum due for such services plus a reasonable
attorney's fee to be fixed by the court.
[R.O. 2005 §13-25; CC 1997 §13-25]
The violation of any provision of this Chapter by householders,
business establishments or public or private institutions shall be
deemed a misdemeanor and each and every day of such violation shall
constitute a separate offense.
[R.O. 2005 §13-26; CC 1997 §13-26]
When an occupant or owner of any single-family residence fails to pay the fee for removal of garbage and refuse, the Director of Solid Waste shall notify the occupant of this fact and shall also notify the City Clerk or City Collector that the fee is due the City. The fact that garbage or refuse is collected from any occupant's premises after the notification of the City of the violation of Section 230.220 shall be prima facie evidence that the owner of such premises is responsible for payment of the fee and for the violation of this Chapter.
