[Ord. No. 94-6, 6-13-1994; amended by Ord. of 9-25-2000]
Approved receptacles of two cubic yards or four cubic yards
capacity, used for commercial, multiple residence, institutional,
or governmental refuse. Bulk containers shall have lids or covers.
Furniture, white goods (discarded appliances), and other
things commonly called "junk." Bulky waste also consists of yard waste
such as leaves, branches, shrubbery and lawn trimmings.
A metal, plastic, or other approved unit of not more than
90 gallons' capacity.
Any alleyway, curbside, or other authorized place of deposit.
Collection sites do not include travel or parking lanes, gutter pans,
or drainage ditches.
Material such as lumber, brick, concrete, plaster, shingles
or other substances accumulated as a result of repairs or additions
to existing buildings, construction of new buildings or demolition
of existing structures.
A regular curbside collection of recyclable materials, administered
by the Southeastern Public Service Authority for the City of Franklin.
Any moistureproof plastic, metallic, or paper bag which may
be used as a liner for a household container or for curbside collection,
which meets the standards of the National Sanitation Foundation.
Food waste, trash waste, household waste and unwanted or
useless material that has been discarded as worthless. See also the
definition for "household waste."
[Added 11-26-2007]
Insecticides, poisons, caustics, acids, infectious materials,
explosives, waste oils, compressed gases, oil tanks, automobile batteries,
biological and chemical wastes, radioactive materials or other materials
which may be injurious to health.
Garbage, which is all animal and vegetable (i.e., organic)
matter resulting from the handling, preparation, cooking and consumption
of foodstuffs. Household waste also includes trash, which is all rubbish
incident to the ordinary conduct of a household such as cans, bottles,
cartons, and other similar items.
All waste, including solids, semisolids, sludges and liquids,
created by factories, food or other processing plants or other manufacturing
enterprises.
All refuse or solid waste, including but not limited to household
waste, construction debris, demolition debris, bulky waste and industrial
waste.
Waste materials separated from the waste stream and processed
for use again as a raw material for a product, which may or may not
be similar to the original product. Recyclable materials include items
such as newspapers, aluminum cans, tin cans, clear glass, PETE plastic
(#1), and HDPE plastic (#2).
All forms of matter, in whatever shape or condition, which
has served its primary use and must be disposed of.
Service to single-family homes and duplexes.
Material that is the by-product from the process of treating
sanitary sewerage.
[Added 11-26-2007]
Material that is neither gaseous nor liquid that has been
discarded as worthless, defective or of no use or value, such as refuse
or the damaged, defective, rejected or useless material from manufacturing
or business processes. See also the definition of "refuse." Solid
waste does not include material defined as "yard waste."
[Added 11-26-2007]
Consists of leaves, fallen branches, shrubbery and lawn trimmings.
[Ord. No. 94-6, 6-13-1994; amended by Ord. of 9-25-2000; 11-26-2007]
(a)
A violation of any provision of this chapter shall be a Class 3 misdemeanor,
punishable by a fine of not more than $500. Each day a violation shall
occur constitutes a separate and distinct offense.
(b)
Upon conviction of a violation of § 13-6, the court may suspend the imposition of any penalty for such conviction on condition that the defendant volunteer his or her services for such period of time as the court may determine to remove litter from any public highway, street or right-of-way or any other public place.
[Ord. No. 94-6, 6-13-1994; amended by Ord. of 6-9-1997(1); Ord. No. 2004-30, 11-22-2004; 10-17-2005; 11-26-2007]
(a)
The City shall use its personnel and equipment to collect refuse
at collection sites from residential property on a regular schedule
set by the Director of Public Works. The regular schedule may be altered
by the Director of Public Works in case of emergency or for other
compelling reasons.
(b)
The City shall use its personnel and equipment to collect garbage
and household waste in containers provided by the City from residential
property on a regular schedule set by the Director of Public Works.
The City shall supply each single-family residential unit with a container
for garbage and household waste of a size, type and color designated
by the Director of Public Works. The owner or occupant of a single-family
residential unit may purchase an additional such container for garbage
and household waste from the City at its cost.
(c)
Collection of yard waste shall be from containers provided by the
City, subject to certain exceptions set forth hereinbelow. The City
shall supply each single-family residential unit with a container
for yard waste of a size, type and color designated by the Director
of Public Works. Grass, leaves, pine cones, pine needles, twigs, weeds
and flowers may be placed in yard waste containers. Household waste,
limbs, branches, dirt, shrubbery and hedge trimmings may not be placed
in yard waste containers. The owner or occupant of a single-family
residential unit may purchase an additional such container for yard
waste from the City at its cost.
(d)
Limbs, branches, shrubbery and hedge trimmings shall be cut into
lengths not to exceed four feet and shall be stacked at the collection
site for collection. Stacks should not exceed two piles separated
into four by four by four feet in size for collection once a week.
(e)
Any yard waste approved for disposal in yard waste containers which will not fit into a yard waste container may be placed on the ground next to the collection container but must be separated from the stack of yard waste described in Subsection (d) above.
(f)
Collection of all refuse shall be at collection sites designated
by the Director of Public Works, except that City Council may, for
reasons of safety or convenience, allow alley pickup of certain refuse
in certain designated alleys in the City.
(g)
No more than four items of bulky waste, such as white goods (discarded appliances) or furniture, shall be picked up by the City by appointment on Wednesdays. If more than four items are placed for pickup, they will not be picked up by the City, and special arrangements should be made with the City for their pickup and disposal pursuant to § 13-14.
(h)
Homeowners or tenants served by the curbside recycling program shall
dispose of all items covered by the recycling program in approved
recycling bins which shall be placed at the designated collection
site for collection on the designated collection day.
(i)
Every homeowner or tenant shall be responsible for maintaining all
collection containers in an intact, clean, sanitary and closed condition
in order to prevent leakage or spillage.
[Ord. No. 94-6, 6-13-1994; amended by Ord. of 8-25-1997; 11-26-2007]
(a)
All owners or operators of commercial or business establishments,
multifamily residential units and institutional and governmental entities
shall arrange for the regular and ongoing disposal of solid waste
from their premises at their expense and shall be responsible for
the cleanliness of the areas around any containers used for disposal
of such solid waste. Notwithstanding the above, the City will collect
solid waste from apartments with no more than four single-family units
and the other entities listed herein on the following conditions:
each such single-family apartment, commercial establishment or institutional
or governmental entity uses no more than two residential containers,
requires no more than one pickup per week and selects a collection
site which is approved for pickup by the Director of Public Works.
(b)
No person, firm, company or corporation shall engage in the business
of collecting, hauling and disposing of any solid waste in the City
without first having obtained a permit to do so from the Director
of Public Works, or his designee, and if required, a business license
from the Commissioner of Revenue.
(c)
An applicant for a permit required by this section shall furnish
the following information to the Director of Public Works or his designee:
(1)
Name, address and telephone number of applicant;
(2)
The type of legal entity of applicant;
(3)
The type of vehicular equipment and containers to be used;
(4)
The frequency of collection in days per week;
(5)
The disposal site for solid waste;
(6)
The location of vehicular equipment and containers to be used; and
(7)
The names of other localities in Virginia in which the applicant
operates.
(d)
The Director of Public Works or his designee shall make an investigation
of the applicant's operations in other localities, the condition of
the vehicular equipment and containers to be used in the City, the
record of the applicant in complying with federal, state and local
laws and regulations and any other matters relevant to the willingness
and ability of the applicant to operate its collection and disposal
service consistent with public safety, health and welfare. The Director
of Public Works or his designee shall issue or deny the permit within
30 days of the filing of the application, giving written reasons for
any denial. Should a permit be denied, the applicant may, within 10
days of a denial, appeal the decision to the City Council, which shall
affirm or overrule the decision of the Director of Public Works or
his designee.
(e)
All vehicles, containers and other equipment used by private collectors
operating with permits granted hereunder shall be maintained in a
clean, sanitary condition at all times, and vehicles shall be equipped
with watertight bodies with a suitable system for cleaning, disinfecting
and deodorizing refuse containers. All such vehicles and containers
shall be subject to periodic inspection by officials of the Department
of Public Works to ensure their compliance with this subsection.
(f)
Containers used for disposal of solid waste pursuant to this section
shall be located on the premises of the owner or operator of the entity
from which collection is made and not on public property unless a
specific place on public property is designated for collection in
writing by an official of the Department of Public Works.
(g)
All vehicles used pursuant to a permit granted hereunder shall have
affixed to both sides of the vehicle on the door of the cab, at least
four inches high in conspicuous color contrasting with that of the
vehicle, the company name and telephone number of the permittee.
(h)
No private collectors operating pursuant to a permit granted hereunder
shall operate such business before 6:00 a.m. or after 10:00 p.m. on
any day.
(i)
It shall be unlawful for any private collector operating pursuant
to a permit granted hereunder to fail to notify the Director of Public
Works and all of its City customers of its intent to discontinue business
in the City at least 60 days prior to such discontinuance.
[Added 11-26-2007]
(a)
No person, firm, company or corporation shall operate a solid waste collection business within the City without first obtaining a permit from the Director of Public Works or his designee in the manner set forth in § 13-4.
(b)
All solid waste generated or collected within the City shall be disposed
of only at the facilities of the Southeastern Public Service Authority
of Virginia or such other publicly owned and operated facilities designated
by the City Manager or his designee.
(c)
Subsection (b) shall not apply to:
(1)
Solid waste generated, purchased or utilized by an entity engaged
in the business of manufacturing, mining, processing, refining or
conversion, except for an entity engaged in the production of energy
or solid-waste-derived fuels for sale to a person other than any entity
controlling, controlled by or under the same control as the manufacturer,
miner, processor, refiner or converter.
(2)
Recyclable materials, which are those materials that have been
source-separated by any person or materials separated from solid waste
by any person for utilization in both cases as a raw material to be
manufactured into a product other than fuel or energy.
(3)
Construction debris to be disposed of in a landfill.
(4)
Waste oil.
(d)
Subsection (b) shall not prevent or prohibit disposal of solid waste at any facility which was issued a solid waste management facility permit by an agency of the commonwealth on or before July 1, 1991, or for which a Part A permit application for a new solid waste management facility permit, including local governing body certification, was submitted to the Virginia Department of Environmental Quality in accordance with § 10.1-1408.1B of the Virginia Code on or before December 31, 1991.
(e)
It shall be unlawful for any person, firm, company or corporation to dispose of solid waste generated or collected within the City at any place other than those designated pursuant to Subsection (b).
(f)
If the Director of Public Works determines by reasonable information that a person, firm, company or corporation has failed to dispose of solid waste generated or collected within the City at any place other than those designated pursuant to Subsection (b), then the Director of Public Works shall suspend the permit issued pursuant to Subsection (a) of such person, firm, company or corporation immediately. The Director of Public Works shall issue a notice of such suspension to the person, firm, company or corporation whose permit is suspended and offer the violator an opportunity for a hearing, to be held by the Director of Public Works or his designee within five working days of receipt of such motion, at which hearing it shall be the burden of the violator to offer proof by a preponderance of the evidence that a violation did not occur or that a violation occurred by a mistake and offer sufficient assurances that a violation will not occur again. A permit can be reinstated at the discretion of the Director of Public Works.
(g)
If the Director of Public Works determines by reasonable information that a violation of Subsection (b) occurred, then the Director of Public Works or his designee may proceed to seek an injunction on behalf of the City in a court of competent jurisdiction prohibiting further violations of Subsection (b) without a showing of irreparable harm to the City.
[Ord. No. 94-6, 6-13-1994]
(a)
It shall be unlawful for persons other than City employees or employees
of private refuse firms licensed to conduct business in the City to
overturn or interfere with the contents of any receptacle, plastic
bag or authorized container used for the storage or collection of
refuse.
(b)
It shall be unlawful for any person to prevent, detain or impede
the collection or transportation of refuse from collection sites or
public rights-of-way.
[Ord. No. 94-6, 6-13-1994; amended by Ord. of 9-25-2000]
(a)
It shall be unlawful for any person to drop, cast, deposit, discard
or otherwise dispose of litter in or upon any public or private property
within the City, including but not limited to any street, sidewalk,
park, body of water, vacant or occupied lot, except by placement in
a public litter receptacle or private litter receptacle provided for
public use in such a manner as will prevent the litter from falling
out or being blown from the receptacle.
(b)
When any violation of Subsection (a) hereinabove has been observed by any person and the matter disposed of in or upon any public or private property within the City has been ejected or dropped from a motor vehicle, the driver or operator of such motor vehicle shall be presumed to be the person ejecting or dropping such matter; provided, however, that such presumption shall be rebuttable by competent evidence.
(c)
It shall be unlawful for the owner or operator of any business, industry
or institution located in the City to fail to keep the area adjacent
to or surrounding the improvements existing on his, her or its business
premises free and clear of litter. This area shall include, but not
be restricted to, grounds, parking lots, loading areas, and driveways.
With respect to refuse or solid waste originating from the business
premises, it shall further include public streets and sidewalks and
other public places and private property adjacent to or surrounding
such business premises.
(d)
It shall be unlawful for a contractor in charge of a construction
site, development site or utility maintenance work site to fail to
keep such site free from litter or to permit litter generated from
the site or by the construction process to escape from such site and
accumulate on adjacent public streets or sidewalks or other public
places or private property adjacent to or surrounding such site.
[Ord. of 9-25-2000]
(a)
Prosecution of a violation of § 13-6 may be initiated by police officers the Building Official, code enforcement officers or property maintenance officers or by private citizens who witness such offense or who discover an article of litter bearing a person's name and address on public property or on the property of another, except on property that is designated for solid waste disposal.
(b)
Any article of litter bearing a person's name and address, found
on public property or on the property of another shall be presumed
to be the property of the person whose name appears thereon, and it
shall be further presumed that such person placed the article of litter
on such property; provided, however, that such presumption shall be
rebuttable by competent evidence.
(c)
Whenever any person is arrested for a violation of § 13-6, the arresting officer shall take the name and address of such person and issue a summons notifying him or her in writing to appear in the appropriate general district court on a date and at a time specified in such summons. Upon the giving by the person arrested of his or her written promise to appear at such time, date and place, the arresting officer shall release the person arrested from custody. Any person refusing to give such written promise to appear shall be dealt with in accordance with Virginia Code, § 46.2-940.
[Ord. No. 94-6, 6-13-1994; amended by Ord. No. 94-10, 7-25-1994; Ord. of 8-28-1995; Ord. of 5-28-1997(2); Ord. of 9-25-2000; Ord. of 1-28-2002; 2-9-2015 by Ord. No.
2015-04]
(a)
It shall be the duty of every owner and every occupant of any parcel
of land within the City to keep such lot well cleaned and free from
accumulations of household waste, bulky waste, yard waste, industrial
waste, construction and demolition debris, hazardous waste and dead
animals which might endanger the health or safety of other residents
of the City or otherwise constitute a public nuisance. A violation
of this duty shall be unlawful and shall be punishable by a fine of
not more than $500.
(b)
When any condition exists on any parcel of land in the City in violation of Subsection (a) above, it shall be the duty of the Community Development Director or his designee to serve or cause to be served upon the owner(s) and/or the occupant(s) of such parcel of land notice requiring the owner(s) or occupant(s) to rectify said condition within seven days after service upon the owner(s) or occupant(s) of such notice.
(c)
Any notice required by Subsection (b) above shall be conclusively deemed to have been served two days after having been mailed by certified or registered mail to the current owner(s) at the address shown on the land records of the Commission of Revenue of the City or to the current occupant(s) at the address shown on the records of the City's electric billing department. In the event that the address of the owner is unknown, then service of the notice shall be made by posting of the notice on the land or premises on which the violation exists.
(d)
If any owner neglects, fails or refuses to comply with a notice served upon him or her pursuant to Subsections (b) and (c) above, the City Manager or his or her designee may rectify the violation on the parcel of land referenced in such notice. The cost of rectifying the condition is declared to be a cost attributable to said parcel of land; and the City Manager or his or her designee shall demand of the owner of the property the payment of such cost plus an administrative fee of $100. If such cost and fee are not paid within 10 days after such demand is made, the amount due, with 10% interest, shall be collected and shall be enforceable in the same manner fixed by law for collection of taxes, shall be subject to the same penalties for delinquency, costs and fees and shall constitute a lien on such property.
[Ord. No. 94-6, 6-13-1994]
It shall be the responsibility of the owner or user of a refuse
container, the contents of which are to be collected by City forces,
to place the container at the collection site so that there is no
danger of the container being overturned and so that there is sufficient
clearance to accommodate City collection equipment. Collection containers,
disposable containers, yard waste, bulky waste and recycling bins
should be placed at the collection site by 7:00 a.m. of the designated
collection day.
[Ord. No. 94-6, 6-13-1994]
City forces will not enter private property for the purpose
of collecting refuse unless the City Manager considers it to be advantageous
to have City vehicles enter the private property, in which case a
hold harmless agreement in writing shall be obtained from the owner
or occupant of the property.
[Ord. No. 94-6, 6-13-1994]
No hazardous waste shall be placed in any receptacle used for
collection of refuse by City forces, nor will City forces collect
such waste. It shall be the responsibility of the owner or producer
of such waste to store, collect and dispose of such waste.
[Ord. No. 94-6, 6-13-1994; amended by Ord. of 6-9-1997(1)]
Material such as trees, shrubbery or underbrush for land being
cleared, developed or landscaped by commercial landscapers or contractors
and trees being removed from lots by owners or occupants shall not
be picked up by City forces.
[Ord. No. 94-6, 6-13-1994]
No construction debris or demolition debris shall be picked
up by City forces.
[Ord. No. 94-6, 6-13-1994]
Dead animals shall not be deposited in residential collection
containers or in bulk collection containers. City solid waste collection
crews shall not pick up dead animals for disposal. Responsibility
for disposal of dead animals shall rest with the owner or with the
City's animal warden.
[Ord. No. 94-6, 6-13-1994; amended by Ord. of 6-9-1997(1); Ord. No. 2004-30, 11-22-2004; 10-17-2005]
(a)
Persons needing refuse collection services may apply to the Director
of Public Works for special arrangements for collection of large quantities
of household waste, bulky waste or other refuse collection services
of an unusual or extraordinary nature. The cost of such collection
shall be $100 per dump truck load or part thereof plus the cost to
the City of waste disposal.
(b)
In the event that any person places household waste, bulky waste or other waste at a residential collection site other than in accordance with the requirements of § 13-3 and fails to remove and dispose of same within five calendar days, the City shall remove and dispose of the waste and charge the owner of the land from which the material was taken $250 plus tipping fees for removal and disposal and an administrative fee of $100. The cost of rectifying this condition and the administrative fee are declared to be a cost attributable to said parcel of land; and the City Manager or his or her designee shall demand of the owner of the property the payment of such cost and administrative fee. If such cost and fee are not paid within 15 days after such demand is made, the amount due, with 10% interest, shall be collected and shall be enforceable in the same manner fixed by law for collection of taxes, shall be subject to the same penalties for delinquency, costs and fees and shall constitute a lien on such property.
[Amended 2-9-2015 by Ord.
No. 2015-03]
[Last amended 6-8-2015]
(a)
There shall be a monthly fee for City collection (one pickup per
week) of garbage, waste and other refuse as follows:
|
Type
|
Fee
| |
|---|---|---|
|
Residential
|
$38
| |
|
Residential outside City
|
$76
| |
|
Commercial, 1 box
|
$52.61
| |
|
Commercial, 2 boxes
|
$61.90
|
[Ord. of 9-26-1994]
All fees for City collection of garbage, waste and other refuse
shall be billed in conjunction with the City electric, water and sewer
bills and shall become due and payable on or before the 20th of the
month in which the bill is rendered.
[Ord. of 9-26-1994; amended by Ord. of 10-29-2001(1); Ord. No. 2005-4, 2-28-2005; 2-22-2010]
(a)
If the bill for City collection of garbage, waste and refuse in not
paid in full on or before the 20th of the month in which the bill
is rendered, a late payment charge of 1 1/2% of the bill or $2,
whichever is greater, shall be imposed. A late payment charge of 1 1/2%
or $2, whichever is greater, shall be imposed upon the 21st day of
each month thereafter upon the unpaid balance. The Treasurer and the
City Attorney shall take all legal measures necessary to collect the
amount due 10 days following the 20th of the month.
(b)
Where water, sewer or electric accounts are likewise delinquent,
only one charge shall be made for reconnection of all utility services,
and the $2 minimum only applies once.
