[R.O. 2005 §13-34; Ord. No. 1627 §2, 12-19-1990]
The purpose of this Article is to require mandatory separation
of recyclable items to aid and promote collection thereof and disposal
by means other than deposit in a sanitary landfill or by burning.
[R.O. 2005 §13-35; CC 1997 §13-35]
For the purposes of this Article, the following words and phrases
shall have the following meanings respectively as ascribed to them
by this Section:
The intentional or unintentional inclusion of unclean recyclable
materials for collection and/or the intentional or unintentional inclusion
of garbage, trash, refuse or any other materials not designated as
recyclable materials within a solid waste container or any other container
which may be used for the storage and collection of recyclable materials.
Newspapers, beverage cans, glass, glass containers, aluminum,
delabeled tin, plastic containers, corrugated cardboard and other
materials which may be designated for recycling by the City and/or
a collector licensed for recyclable materials with the City.
A container for storage of recyclables.
The process of remanufacturing recyclables into other products
or refurbishing them for reuse.
Includes the physical examination of solid waste and recyclable
materials in a solid waste container, recyclables container or any
container which may be used for the storage and collection of recyclable
materials or the removal or disturbance of items placed for collection
by a solid waste hauler or a recyclable material hauler by persons
other than the adjacent owner, lessee or occupant, agents of appropriate
public agencies and persons authorized under this Article or by separate
instrument and/or agreement to collect and remove solid waste and/or
recyclable materials.
[R.O. 2005 §13-36; CC 1997 §13-36]
A.
Every
resident of every premises shall separate the recyclable materials
from their respective premises from all other refuse, garbage, rubbish,
waste matter and yard waste and shall store the recyclable materials
in a recyclables container furnished by the collector. Except for
additional containers purchased by residents, recyclables containers
shall be the property of the collector and shall remain on the premises
when resident relocates. Residents who need additional recyclable
containers may purchase the same from the collector.
B.
All recyclable
materials may be placed together in the recyclables container. If
necessary to save space in the recyclables container, newsprint or
corrugated cardboard may be bundled separately and placed next to
the recyclables container at curbside or may be placed in paper bags
and placed next to the recyclable container at curbside.
C.
Residents,
not earlier than 6:00 P.M. of the day prior to the day for scheduled
collection of recyclable materials from their respective dwellings,
shall place the recyclables containers at the curbside adjacent to
the dwelling or garage accessory thereto and visible from the street
in front of the dwelling. After the scheduled collection, the containers
for recyclable materials and any recyclable materials not collected
shall be removed from curbside by the resident by 8:00 P.M. of the
day of collection.
[R.O. 2005 §13-37; CC 1997 §13-37]
A.
Collection
of recyclable materials from premises shall be by a hauler selected
by the City, which hauler shall be duly licensed by the City. Also,
such collection shall be done in compliance with all other applicable
ordinances of the City now or hereafter in effect. The recyclable
materials shall be collected from the premises covered by such contract
by the collector under contract with the City and on terms and conditions
set out in such contract.
B.
The collection
of recyclable materials at curbside by any private hauler not authorized
by the City is expressly prohibited.
C.
The said
collector shall collect all recyclable materials on the same day once
each week in accordance with schedules of and routes for collection
as mutually agreed upon by the collector and City.
D.
Neither
the foregoing provisions of this Section nor any other provisions
of this Article shall prevent any resident from discarding that resident's
recyclable materials by personally delivering them to a recycling
plant, centralized collection site, manufacturer or other vendor or
donating the same to non-profit civic, charitable or service organizations.
E.
The City
may designate a central collection site for the discarding of recyclable
materials.
[R.O. 2005 §13-38; CC 1997 §13-38]
The City shall be responsible for the payment to the collector
selected by the City to collect recyclable materials of said collector's
fees for rendering such service as pursuant to the collector's contract
with the City regardless of whether such collector collects any recyclable
materials from said premises.
[R.O. 2005 §13-39; CC 1997 §13-39]
A.
Recyclable
materials shall not in any event:
1.
Be deposited
in any landfill;
2.
Be burned
in any incinerator; or
3.
Be deposited or distributed in any way or manner which is contrary to the then applicable law, Statute ordinance, rule or regulation. Provided however, that the restrictions in Subsections (1) and (2) above shall not apply to any recyclable materials which are deposited in a landfill or burned pursuant to specific prior written approval granted by the City.
B.
Residents
shall take such action as is reasonable under the circumstances to
determine that recyclable materials are not disposed of contrary to
the provisions of this Section.
[R.O. 2005 §13-40; CC 1997 §13-40]
All recyclable materials shall be owned by and be the responsibility
of the residents of premises until they are collected by the collector
at curbside. Upon collection of the recyclable materials at curbside
by the collector, the recyclable materials, with the exception of
recyclables containers which are reusable, become the property and
responsibility of the collector.
[R.O. 2005 §13-41; CC 1997 §13-41]
A.
The collector
shall submit a monthly summary of the quantity and kinds of recyclable
materials collected and the primary purchaser(s) of those materials.
Monthly summaries shall be submitted no later than the fifteenth (15th)
day of the month following the month for which the report is submitted.
A weight ticket showing tons of recyclable materials collected shall
accompany each report.
B.
The collector
shall provide access to the City or any of its duly authorized representatives
to review any books, documents, papers and records of the collector
which are directly pertinent to this Article for the purpose of making
an audit, other examination and preparing excerpts and transcriptions.
[R.O. 2005 §13-42; CC 1997 §13-42]
Collector shall dispose of recyclable materials at a local recycling
facility, if available; otherwise, collector may sell recyclable materials
to any purchaser of collector's choosing, unless otherwise directed
by the City. Collector shall be entitled to retain the proceeds of
any sale thereof.
[R.O. 2005 §13-43; CC 1997 §13-43]
Each resident shall be responsible for the cleanliness and proper
care of each recyclables container in his/her possession.
[R.O. 2005 §13-44; CC 1997 §13-44]
The collector's employees shall evaluate the condition of recyclables
containers for possible reuse. If reusable, they will be left with
the resident for the next week's collection. In the event the recyclables
container is determined to be unserviceable, due to usual wear and
tear, for another week, a new recyclables container furnished by the
collector, at no charge, will be left with the resident and the old
recyclables container will be collected and recycled. Recyclables
containers will be exchanged on a one-for-one basis as determined
by condition at collection time. The number of new containers furnished
will be reported to the City monthly along with collector's monthly
summary report. Collector shall provide additional recyclable containers
upon showing of good cause by City residents.
[R.O. 2005 §13-45; CC 1997 §13-45]
It shall be unlawful for any person to scavenge, as defined in Section 230.260 of this Article, in or from any solid waste container, recyclable materials container or any container which may be used for the storage and collection of recyclable materials or in or among any solid waste or recyclable materials placed for collection.
[R.O. 2005 §13-46; CC 1997 §13-46]
A.
It shall
be unlawful for any person to place contaminated recyclable materials
for collection or to otherwise contaminate the solid waste container,
recyclables container or any other container which may be used for
the storage and collection of recyclable materials.
B.
In the
event that contaminated recyclable materials are placed for collection,
the authorized collector, hauler or agency reserves the right not
to collect the same. Such recyclable materials must be brought into
compliance with this Article or be disposed of by means other than
in a sold waste container, recyclables container or other container
used for the storage, collection and removal of recyclable materials.
[R.O. 2005 §13-47; CC 1997 §13-47]
Any person violating any provisions of the Article shall be subject to the general penalties set forth in Section 100.110 of this Code.
