[2-7-1995; 2016 Code]
The council finds that disposal of solid waste generated by individuals, business and industry causes damage to the environment and poses serious risks to public health and safety. The council further finds that recycling extends the life of landfills and diminishes the potential for environmental damage while conserving resources. The purpose of this chapter is to have efficient and effective solid waste, recycling and disposal requirements that are in compliance with state laws.
[5-15-1990; 2-7-1995; 2016 Code]
In this chapter:
- Means the board of public works.
- BULKY WASTE
- Means solid waste which due to its composition, weight or bulk cannot be effectively collected and transported, including without limitation, tree limbs or branches exceeding three inches in diameter or four feet in length, furniture, refrigerators, freezers, microwave ovens with the capacitor removed, dishwashers, air conditioning units, dehumidifiers, clothes washers, clothes dryers, stoves, ovens, furnaces, boilers, water heaters, carpeting, toilets, tires, swing sets, poles, lumber, and plasterboard.
- Means a person employed by the city or a person authorized by the city to collect solid waste within the city.
- Means the director of public works for the city.
- Means solid waste resulting from the preparation of food, decayed or spoiled food, decayed or spoiled food products from any source whatever and all household wastes other than recyclable material, bulky waste, rubble and yard waste.
- MULTI-FAMILY RESIDENTIAL STRUCTURE
- Means a structure containing three or more residences.
- NONRESIDENTIAL ENTERPRISE
- Means a structure or that part of a structure which contains any activity other than a residence, including without limitation commercial, retail, industrial, religious, governmental, service or civic enterprises.
- RECYCLABLE MATERIAL
- Means solid waste which has been designated by resolution of the council as recyclable material under this chapter.
- Means any structure or that part of a structure which is used or intended to be used as a home, residence or sleeping place by one person or by two or more persons maintaining a common household, to the exclusion of all others.
- Means inorganic solid waste resulting from the construction, repair, or demolition of buildings, roads or other structures, including, without limitation, bricks, concrete, ceramic tile masonry and plaster.
- SOLID WASTE
- Means all materials intended for either disposal, composting or recycling except materials lawfully discharged into the sewer system for processing at the city wastewater treatment plant.
- YARD WASTE
- Means organic vegetative solid waste, except garbage and except tree limbs or branches exceeding three inches in diameter or four feet in length. Yard waste includes, without limitation, leaves, pine needles, grass clippings, garden plants, vines and branches or limbs less than three inches in diameter and less than four feet in length.
[5-15-1990; 2016 Code]
The board is hereby authorized and directed to prepare written procedures for preparation, collection and disposal of solid waste generated within the city, including such separation and cleaning as may be necessary to maximize the opportunity to market recyclable materials. Upon passage by the board such procedures shall be presented to the council in the form of a resolution. The board shall from time to time recommend to the council such changes to the procedures as may be necessary to carry out and make effective the purpose of this chapter.
[5-15-1990; 2-7-1995; 2016 Code]
The owners or occupants of each residence, multi-family residential structure and nonresidential enterprise shall prepare solid waste for collection under the procedures set forth in this section.
One- and two-family residences. The owners or occupants of each residence within a structure housing one or two residences shall:
Separate or cause to be separated and prepare or cause to be prepared for collection recyclable material, bulky waste, garbage, yard waste and rubble under procedures developed by the board and adopted by resolution of the council.
Place recyclable material, bulky waste, garbage and yard waste at the curb for collection no earlier than 5:00 PM on the day before the day scheduled for collection and no later than 7:00 AM on the day scheduled for collection.
Multi-family residential structures. The owner or owners or designated agent of each multi-family residential structure shall:
Provide adequate, separate containers for recyclable material.
Notify tenants in writing when renting or leasing the dwelling and at least semi-annually thereafter of the recycling program established by this chapter.
Provide for the collection of recyclable material separated from the solid waste by the tenants and provide for the delivery of the recyclable material, with the exception of yard waste and tires, to a drop site within the city that has been designated by the director for the deposit of recyclable material.
Notify tenants of the reasons to reduce and recycle solid waste, which materials are collected, how to prepare recyclable material to meet the processing requirements, collection methods or sites, locations and hours of operation, and a contact person or company, including a name, address and telephone number.
Nonresidential enterprises. The owner or owners or designated agent of each nonresidential enterprise shall:
Provide users, tenants and occupants with adequate, separate containers for recyclable material.
Notify in writing, at least semiannually, all users, tenants and occupants of the recycling program established by this chapter.
Provide for the collection of recyclable material separated from the solid waste by the users, tenants and occupants and provide for the delivery of the recyclable material, with the exception of yard waste and tires, to a drop site within the city designated by the director for deposit of recyclable material.
Notify users, tenants and occupants of the reasons to reduce and recycle solid waste, which materials are collected, how to prepare recyclable material to meet the processing requirements, collection methods or sites, locations and hours of operation, and a contact person or company, including a name, address and telephone number.
Charges for city separation. The city may charge the cost of separating recyclable material, garbage, rubble, yard waste and bulky waste to any person who shall fail to separate such solid wastes as provided in this section. Charges for separation shall be set from time to time by resolution of the board.
Prohibited disposal of recyclable material. No person shall:
Mix or permit the mixing of recyclable material with other solid waste.
Deposit or cause to be deposited any recyclable material at any collection site while the site is closed.
Deposit or cause to be deposited any recyclable material in or upon any public street, waterway, or grounds in the city.
Deposit or cause to be deposited any solid waste which is not a recyclable material in a container intended for the deposit of recyclable material.
Deposit or cause to be deposited recyclable material generated, accumulated, originated or collected within the city in any landfill.
Dispose of in a solid waste facility or burn in a solid waste treatment facility any recyclable materials which have been separated for recycling, except waste tires may be burned with energy recovery in a solid waste treatment facility.
Separate containers required. Each person not receiving recyclable material collection service from the city shall provide a separate container, approved by the director, for the collection of recyclable material.
Unauthorized collection prohibited. Solid waste placed at the curb shall become the property of the city. No person shall collect solid waste without first obtaining written authorization from the city.
[5-15-1990; 2-7-1995; 2016 Code]
The collection, transportation and disposal of garbage shall be conducted under the direction of the director pursuant to procedures established pursuant to this chapter.
Garbage containers required and placement of containers. The owner of each residence shall provide or cause to be provided waterproof, disposable containers for the disposal of garbage generated by occupants of such residence. Such containers shall be 33 gallons in size, shall contain garbage not exceeding 60 pounds in weight, and shall be of sufficient strength to withstand stress resulting from handling during collection. Containers shall be placed at the curb line for collection on the days designated by the board. Containers shall be placed no earlier than 5:00 PM on the day before the day scheduled for collection and no later than 7:00 AM on the day scheduled for collection.
Prohibited disposal of garbage. No person shall cause or permit garbage, other than garbage generated on the premises owned or controlled by such person, to be placed in a garbage container required by this section without a permit from the city, and then only under the terms and conditions of such permit.
Mandatory garbage collection for one-and two-family residences. Garbage collection by collectors employed by the city shall be compulsory for all persons living in structures housing one or two residences.
Optional garbage collection for multi-family residential structures and structures containing one or more residences and one or more nonresidential enterprises. The owner or owners of each multi-family residential structure and the owner or owners of each structure housing one or more residences and one or more nonresidential enterprises shall have the option to obtain garbage collection service for each residence within such structure from the city or from a commercial collection service at the owner's expense.
Charges for city garbage collection service shall commence when the property served obtains service from the city water department.
Each person who elects to use commercial garbage collection services pursuant to this section shall provide or cause to be provided waterproof, disposable containers for the disposal of garbage by occupants of the structure generating such garbage. At no time shall garbage be placed outside of this container.
Nuisance declared. The accumulation of garbage in or upon a parcel of land near an inhabited residence, nonresidential structure or public place within the city which shall cause the air in or about such place to become noxious or offensive, or in such a state as to breed rodents, flies, mosquitoes or other insects, or otherwise become injurious to the public health, is hereby declared to be a nuisance.
[5-15-1990; 10-20-2015; 2016 Code; 10-15-2018]
License required: No collector shall engage in the collection, transportation or disposal of solid waste generated within the City without having first obtained a license from the City unless:
The person is employed by the City to collect and transport solid waste.
The person is collecting and transporting solid waste generated at his or her own residence or nonresidential enterprise.
Application: Application for a license to collect, transport or dispose solid waste, or an annual renewal thereof, shall be made in writing to the City Clerk upon forms provided by said Clerk and shall be accompanied by the appropriate fees as prescribed in this chapter.
Minimum license requirements: Each applicant for a license to collect or transport solid waste shall meet the following minimum requirements:
All containers and vehicles used for collection and transportation of solid waste shall be durable, easily cleanable, and designed so as to prevent escape of any solid waste during transportation. The vehicles and containers shall be cleaned as may be necessary to prevent nuisances and shall be maintained in good repair.
Containers and vehicles used for the collection and transportation of solid waste shall be loaded and moved in such a way that the contents will not fall, leak, or spill out. Covers shall be provided for both the containers and the vehicles as necessary to prevent escape of solid waste during transportation. If solid waste shall escape from any container or vehicle, the operator shall immediately return the solid waste to the container or vehicle, and clean the area thoroughly.
Each applicant requiring a license from the state for the collection and transportation of solid waste shall provide evidence of issuance of such license before a City license will be issued.
Issuance of license: The City Clerk or its designee shall review each complete application to determine whether the applicant has adequately demonstrated that the applicant has complied with those items set forth in this chapter and may conduct such investigation into the content of the application as considered necessary. If the City Clerk or its designee determines that the application should be approved, then the license application shall be placed on the Council’s consent agenda for final approval. If the City Clerk or its designee determines that the application should not be approved, the City Clerk or designee may administratively deny such application or refer the application to the appropriate committee to consider such application. Failure by the City Clerk or its designee to approve or deny an application within 30 days of submission shall be considered a denial, unless such action has already been referred to the appropriate committee. Any denial by the City Clerk or its designee may be appealed to the appropriate committee for review as long as such appeal has been made in writing to the City Clerk within 30 days of the notice of denial.
Hours of collection. No collector shall collect solid waste from any location in any R-1, R-2, R-3 or B-1 Zoning District within the cCity, or from any location within 400 feet of the boundary of any such zoning district, between the hours of 10:00 p.m. and 6:00 a.m. In the event of a civil emergency, and during such emergency, the City Aadministrator may authorize collection of solid waste at times that are otherwise prohibited by this section.
License year: The license year shall be from July 1 through June 30.
License fee: The license fee shall be established by resolution of the Council. The full license fee shall be required for one year or any part of a year.
[5-15-1990; 2016 Code]
No person shall transport solid waste from outside the city into the city for collection and disposal by the city or its authorized agent. This section shall not apply to persons who dispose of insignificant amounts of solid waste in appropriate litter receptacles placed by the city on the streets, sidewalks or in the parks.
No person shall deposit solid waste in a container placed by a commercial solid waste collection and disposal service unless the person depositing such solid waste is authorized to do so by the person or business paying for the commercial service.
It shall be prima facie evidence that a person has violated this section if solid waste containing that person's name or other reasonably satisfactory identifying characteristics are found among other solid wastes within the city awaiting collection and disposal, and the person either is not a resident of the city, or in the case of deposit in a commercial container, is not authorized to use the commercial container.
[7-6-2004; 6-17-2008; 2016 Code]
The services provided for by this chapter shall be billed each calendar quarter and the water utility billing procedures shall apply to such bills.
[2-7-1995; 2016 Code]
To determine compliance with the provisions of this chapter, it shall be the duty of the director to enforce the provisions of this chapter and to see that all violations thereof are promptly abated and the violators thereof prosecuted. The director or the director's authorized representative may inspect recyclable material separated for recycling, garbage intended for disposal, recycling collection sites and facilities, collection vehicles, collection areas of multi-family residential structures and nonresidential enterprises, and any records relating to recycling activities, which shall be kept confidential when necessary to protect proprietary information. No person may refuse the director or the director's authorized representative who requests access for purposes of inspection and who presents appropriate credentials. No person shall obstruct, hamper, or interfere with such an inspection. It shall be the duty of the chief of police and the police officers of the city to give attention throughout the city for violations of this chapter and to report such violations to the director.
[5-15-1990; 10-17-1995; 2016 Code]
Upon conviction for a violation of this chapter the following penalties shall apply:
Solid waste preparation. Any person who violates section 8-3-4 or 8-3-5 of this chapter shall upon conviction be subject to a Class 5 forfeiture.
Solid waste control. Any person who violates section 8-3-7 of this chapter shall upon conviction be subject to a Class 3 forfeiture. Any person who violates section 8-3-7 of this chapter for a second or subsequent offense shall upon conviction be subject to a Class 2 forfeiture.
Solid waste collection and transportation. Any person who violates section 8-3-6 of this chapter shall upon conviction be subject to a Class 1 forfeiture.
Multiple violations. For the second or subsequent violation within a 12 month period of the same section for which a penalty is set forth in subsections (A) or (C) of this section the penalty shall be double that imposed for a first offense.
License suspension or revocation. In addition to other penalties, a person may have any solid waste hauling or junk dealer license issued by the city suspended or revoked for a period not exceeding six months.
The following shall be grounds for revocation or suspension of a solid waste hauling or junk dealer license:
Any violation of this chapter;
Failure to hold a required license from the state;
Transporting solid waste in violation of any condition of a license; and
Failure to maintain vehicles used for transportation of solid waste in good repair or the leaving of solid waste standing in a vehicle for more than 24 hours.
Failure to pay any invoice from the city for disposal of solid waste within 30 days of the date of the invoice.
No part of the license fee for a license which has been revoked or suspended pursuant to this section shall be refunded.
Notice of the hearing for revocation or suspension of any such license shall be given by the city clerk in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the person holding the applicable license at his or her last known address at least five days before the date set for hearing, or shall be delivered by a police officer in the same manner as a summons at least three days before the date set for hearing.