[HISTORY: Adopted by the City Council of the City of Dover as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-13-2013 by Ord. No. 2013.10.09-013 as Ch. 97 of the 2013 Code.]
As used in this article, the following terms mean:
- BULKY WASTE
- Large items, pieces of furniture or other waste material from a residential source, not including construction and demolition debris or special, universal or hazardous waste and marked with a Dover tag, but not exceeding 50 pounds in weight.
- CITY CONTRACTOR
- The individual, firm, partnership, joint venture, corporation or association performing trash collection and disposal under contract with the City.
- COMMERCIAL COLLECTION AREA
- The area of the City consisting of Central Avenue from Fourth Street to Kirkland Street and Washington Street from Belknap Street to the east side of Main Street.
- CONSTRUCTION AND DEMOLITION DEBRIS
- Building materials resulting from construction, remodeling, repair or demolition operations.
- Dover bag or residential container.
- DOVER BAG
- A specially marked bag designed for trash as approved by the Dover Solid Waste Coordinator and sold by the City of Dover through various commercial/retail outlets.
- DOVER TAG
- A specially marked adhesive tag approved by the Solid Waste Coordinator and sold by the City through various commercial/retail outlets.
- A commercially designed large metal container for waste materials that has a closable top lid(s).
- HAZARDOUS WASTE
- Waste that is hazardous by reason of its pathological, explosive, radiological or toxic characteristics.
- MULTIFAMILY RECYCLING BIN
- A ninety-five-gallon bin distributed by the City and identified as acceptable multifamily recycling bins by the Solid Waste Coordinator.
- RECYCLING BIN
- Any reusable residential container labeled for recycling.
- RECYCLING MATERIAL
- Those materials approved for recycling by the Solid Waste Coordinator and listed on the City website.
- A dwelling unit, such as a home, trailer, or multifamily
dwelling of four or fewer units, not including hotels and motels.[Amended 2-12-2020 by Ord. No. 2020.01.08-001]
- RESIDENTIAL CONTAINER
- A trash can or any other receptacle made of plastic, metal or fiberglass with a capacity not to exceed 50 gallons, a tight-fitting lid and handles of adequate strength for lifting.
- SPECIAL WASTE
- Medical and infectious waste which, because of its infectious nature, may cause or contribute to an increase in mortality, or an increase in serious irreversible or incapacitating reversible illness, or pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.
- All organic and nonorganic materials acceptable for collection in Dover bags and capable of placement in Dover bags. "Trash" does not include universal or hazardous waste, construction and demolition debris, special wastes, oil-based paint containers, yard waste, brush and solid woody waste.
- TRASH AND RECYCLING COLLECTION SERVICE
- Collection services performed by the City contractor on a weekly basis supported by the Dover bag and tag program.
- UNIVERSAL WASTE
- Waste meeting the definition of hazardous waste in the New Hampshire Hazardous Waste Rules but which during accumulation and transport poses a low risk compared to other hazardous wastes; examples are nonalkaline batteries, fluorescent bulbs, mercury devices and thermostats.
- YARD WASTE
- Any soft leaf, grass or vegetable wastes generated from residences within the City of Dover. Brush and solid woody wastes are not considered yard wastes for the purposes of this article.
Trash, recycling materials, and bulky waste generated by Dover residents shall be collected by the City contractor on a weekly basis. Collection shall occur Monday through Friday. Each residence shall only receive pickup once per week.
All trash placed for collection shall be contained in Dover bags, securely tied. Dover bags placed for collection shall not exceed 35 pounds. Dover bags may be placed in residential containers. All recycling material shall be placed for collection in a recycling bin. Bulky waste shall have a Dover tag attached.
Residents shall not place materials for collection along the curb or edge of the street earlier than 4:00 p.m. on the evening before the scheduled collection day. This provision shall apply to materials placed for collection by the City contractor and private contractors.
Only materials contained in a Dover bag or recycling bin or bulky waste with an approved Dover tag and placed along the curbside no later than 7:00 a.m. on the scheduled collection day will be collected by the City contractor.
[Amended 2-12-2020 by Ord. No. 2020.01.08-001]
The City contractor shall only collect Dover bags securely tied in such a manner as to fully and completely enclose the trash contained. Cardboard boxes are not acceptable containers for collection by the City contractor. Cardboard boxes shall be broken down to lie flat and secured as a bundle no more than four feet by four feet in size and no more than 50 pounds in weight
The price of Dover bags and Dover tags shall be reviewed annually or as needed by the City Council.
The Solid Waste Coordinator shall publish a list of recycling materials acceptable for the curbside recycling collection program, place the list on the City website and make the list available to the public.
The Community Services Department shall announce the amended collection schedule for holiday weeks in advance.
Items placed by residents along the public way marked "Free," or similar marking, shall only be placed in public view for 24 hours.
Businesses and residences in the commercial collection area may use the trash and recycling material collection services.
Businesses in the commercial collection area who choose not to use Dover trash and recycling material collection services are responsible for making their own arrangements for trash and recycling materials removal and disposal. The City-negotiated disposal contract will allow commercial waste to be disposed of at the City's per-ton rate.
Businesses outside the commercial collection area are responsible for making private arrangements for removal and disposal of trash and other waste materials.
Except on the day prior to collection as provided for in § 145-2, no person shall place or store any trash, Dover bag or bulky waste unless said material is placed in residential containers/dumpsters and said residential containers/dumpsters are stored in a manner as to be screened from public view from any public way. Residential containers and dumpsters shall be sized to handle the needs of the residence or commercial establishment.
Residential containers and recycling bins shall be removed from the curbside within 24 hours after the City contractor has engaged in collection services. Any remaining debris shall be cleaned up by the owners of abutting property no later than 24 hours after collection. Collection crews shall be responsible for any debris they drop or spill on the ground and shall clean it up before moving on to the next stop, provided there has been the proper use of Dover bags, containers and bundles. These provisions shall apply to collection services by the City contractor and private contractors.
Trash, yard waste, bulky waste, construction and demolition debris, special waste, universal waste and hazardous waste placed in violation of this article shall be removed by the owner of said materials, or the owner of the property next to the area where said materials appear, no later than 24 hours after notice is posted by City staff to avoid a continuing offense and additional administrative fines pursuant to the provisions of § 145-15D.
Notice of the violation shall be posted in a conspicuous place on the property next to the area where said materials appear.
The Community Services Department is authorized to remove and/or contract with a private commercial removal company to remove illegally placed trash, yard waste, bulky waste, construction and demolition debris, special waste, universal waste and hazardous waste if said items remain 24 hours after notice is posted. Property owners of properties next to the area where materials are removed pursuant to this subsection are responsible for the costs of removal. Removal expenses shall be in addition to any administrative fines.
Owners of residences and apartments shall supply appropriate residential containers, but not Dover bags, for residents and tenants to use for trash and recycling purposes until collection.
No person, firm or corporation shall place any special waste, universal waste or hazardous waste, liquid or human fecal waste, oil sludge, construction and demolition debris, animals and animal parts, yard waste, or brush and solid woody wastes upon or near a City street or highway for collection by the City of Dover or the City contractor.
No person, firm or corporation shall place any special waste, universal waste or hazardous waste, liquid or human fecal waste, oil sludge, construction and demolition debris, animals and animal parts, yard waste, or brush and solid woody wastes on private property unless authorized by the owner of the property and except in accordance with any applicable state law or this article.
No person, firm or corporation shall dispose of any trash or prohibited items for collection by any process involving burning or incineration except as may be authorized pursuant to any applicable state or federal law. For the purpose of this section, "trash" shall not be construed to include materials such as newspaper, scrap paper, or other solid material which is commonly used for the purpose of starting fires in fireplaces, wood stoves, or in wood or coal furnaces.
The City may provide a disposal location for the disposal of small quantities of construction and demolition debris generated by City residents within the City of Dover for a fee set by the City Council. The disposal of such debris shall be conducted in accordance with regulations as may be established by the Community Services Department.
Multifamily dwellings of five units or more may be provided with ninety-five-gallon bins for acceptable recyclable material. Multifamily recycling bins will be collected weekly following established collection routes. Unacceptable material placed in the multifamily recycling bins will not be collected.
Residential structures on private roads may request access to the Dover bag and tag program and trash and recycling materials collection services. Requests shall be made in writing and addressed to the Director of Community Services. Requests to participate in the Dover bag and tag program shall be approved upon application if both of the following criteria are met:
The residence is accessible by the trucks of the City contractor.
The authorized representative of the homeowners' association for residences on a private road executes a release of liability form approved by the City, releasing the City contractor and the City of Dover from liability for damage caused to the private road, resulting from the use of the road to perform the trash and recycling materials collection services. In addition, a certified copy of the certificate of existence of the homeowners' association shall be on file in the office of the Community Services Director. The release shall be updated six months prior to the expiration of the City's current waste-hauling contract. Failure to renew the release shall result in the discontinuance of the trash and recycling materials collection services upon 90 days' written notice of termination sent by certified mail to the owners of record of residences on the private road. Multifamily dwellings, as defined in § 170-6, shall not be eligible for trash and recycling materials collection services.
There shall be a ninety-day waiting period for the start of trash and recycling collection services after a complete application is received.
No person shall possess trash or recycling material placed at the curb for collection or delivered to the City Recycling Center unless expressly authorized by City staff, in writing. Said materials are the property of the City upon placement for collection or delivery to the Recycling Center.
All persons, firms and corporations, and their agents, shall protect trash, construction and demolition debris, special waste, universal waste, hazardous or yard waste, brush and solid woody wastes or loose articles of a waste nature during transport of said materials in a vehicle on a public way with adequate covering to prevent the materials from being blown from the vehicle.
Except where otherwise provided, any person, firm or corporation found to be in violation of any provision of this article shall be assessed an administrative fine as provided in the City Fine Schedule.
[Amended 2-12-2020 by Ord. No. 2020.01.08-001]
The staff of the Community Services Department and/or Police Department are authorized to issue citations to persons, firms or corporations violating this article.
Recipients of citations shall have 24 hours to correct the violation(s) to avoid additional administrative fines (see § 145-6A). Payment of administrative fines shall occur within seven calendar days.
Continued violation of this article after the issuance of an initial citation shall constitute a continuing offense. An additional administrative fine equal to the fine in the initial citation for each succeeding day the violation continues shall be imposed without the issuance of a separate citation for each succeeding day.
The Community Services Department may refuse to accept or collect trash, recycling material, bulky waste, or solid waste of any kind that is not handled in accordance with the provisions of this article or any rules adopted hereunder or when there is a failure to pay administrative fines. This authority may involve refusing an individual pickup or discontinuing future municipal collection services.
The Community Services Department has the right to refuse access to the Recycling Center to any persons who misuse the center or are negligent and/or abusive to City employees.
The Community Services Director, or designee, may negotiate and settle civil claims and citation fines involving violations of this article.
[Amended 2-12-2020 by Ord. No. 2020.01.08-001]
City staff, upon the approval of the City Manager, are authorized to file appropriate legal proceedings, including but not limited to requests for injunctive relief, necessary to prevent violation of, or provide for enforcement of, this article.
[Amended 2-12-2020 by Ord. No. 2020.01.08-001]
City staff may inspect materials placed at curbside for municipal pickup for compliance with local, state and federal laws.
Notices or citations may be served in hand by City staff, posted in a conspicuous place on the adjoining property or sent by certified mail to the owner. Notices or citations sent by certified mail shall be deemed to have been received when the City places the notice or citation in the mail.
Definitions. As used in this section, the following terms mean:
- Brush; unpainted or untreated wood or wood by-products; Christmas trees or wreaths; wood pallets which are ground or shredded; leaves; grass clippings; vegetative pruning; garden waste and yard waste; farming crop residuals; animal manure; and approved bulking agents in accordance with New Hampshire State Administrative Environmental Rules.
- The mixture of decomposable refuse at an outdoor, open-air facility for the purpose of producing material for fertilization and conditioning of soil.
- COMPOSTING FACILITY
- A site where composting occurs as part of a private business. Sites of less than one acre in size are not defined by this section as a composting facility. Municipal sludge, solid waste and other non-farm-type wastes other than leaves and grass clippings are not included. Household composting is not included.
- COMPOSTING FACILITY OPERATOR
- The person responsible for the operation of a composting facility regulated by this section.
Scope of applications. No composting facility shall be established in the City of Dover by any person unless the composting facility conforms to this section and other local, state and federal regulations, statutes and guidelines.
Operation standards and requirements. Composting operations shall adhere to the guidelines published by the National Resources Conservation Service, "Composting Facilities," Code No. 317. The site shall ensure a process to maintain setback requirements and to control runoff and ensure odor problems are minimized. Every operation shall be required to file an annual operation and maintenance plan with the solid waste coordinator.
Noise, odor and debris. Noise and vibration emanating from a composting facility shall not be excessive. The operation of machines and equipment shall not start before 7:00 a.m. or continue after 9:00 p.m.
The composting facility operator shall not permit unreasonably offensive odors to escape the boundaries of the composting facility and/or interfere with the enjoyment of adjacent properties.
Debris and litter driven by wind or flowing water emanating from a composting facility shall be collected daily by the composting facility operator. In the event the composting facility operator is unable to prevent wind- or water-driven debris from leaving the site, the enforcement officials shall direct the composting facility operator to erect impenetrable screening to stop the scattering of debris from the site.
Security of the composting site shall be provided to a degree to prevent illegal dumping. Said property shall be gated or barred when not attended and have appropriate signage against trespassing.
A composting facility operator shall use only licensed disposal areas for the disposal of its solid waste.
Enforcement. Enforcement officials shall be permitted entry to the composting facility for inspection purposes during normal operating hours to determine compliance with this section and other applicable regulations. No person shall impede inspection of a composting facility by enforcement officials.
Penalties. Any person, corporation, partnership or any other legal entity who or which fails to comply with any of the provisions of this section or any of the regulations in pursuance thereof shall be guilty of a violation and, upon conviction thereof, may be fined as provided in the City Fine Schedule. Every act of violation and every day upon which a violation occurs shall be considered a separate offense. The City may exercise cease and desist remedies under RSA 676:17-a for repeat offenders.
[Amended 2-12-2020 by Ord. No. 2020.01.08-001]
Construction; nonapplicability; appeals. This section shall be liberally construed in such manner as to best effectuate its purpose. The provisions of this section shall be construed, if possible, in such manner as to make such provisions compatible and consistent with the provisions of all existing and future zoning and other ordinances of the City of Dover and all amendments thereto; provided, however, that where any inconsistency or conflict cannot be avoided, then the most restrictive of such inconsistent or conflicting provisions shall control and prevail. If there is believed to be a conflict between the stated intent and any specific provisions of this section, the City of Dover may, in accordance with established zoning ordinance procedures, permit modification of said provisions while retaining the intent in such appealed instance.
Should any provision or section of this article be held invalid for any reason, such holding shall not be constructed as affecting the validity of the remaining provisions or sections.