[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.
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.
Means a structure containing three or more residences.
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.
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.
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.
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.
(A)
One- and two-family residences. The owners or occupants of each residence
within a structure housing one or two residences shall:
(1)
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.
(2)
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.
(B)
Multi-family residential structures. The owner or owners or designated
agent of each multi-family residential structure shall:
(1)
Provide adequate, separate containers for recyclable material.
(2)
Notify tenants in writing when renting or leasing the dwelling
and at least semi-annually thereafter of the recycling program established
by this chapter.
(3)
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.
(4)
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.
(C)
Nonresidential enterprises. The owner or owners or designated agent
of each nonresidential enterprise shall:
(1)
Provide users, tenants and occupants with adequate, separate
containers for recyclable material.
(2)
Notify in writing, at least semiannually, all users, tenants
and occupants of the recycling program established by this chapter.
(3)
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.
(4)
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.
(D)
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.
(E)
Prohibited disposal of recyclable material. No person shall:
(1)
Mix or permit the mixing of recyclable material with other solid
waste.
(2)
Deposit or cause to be deposited any recyclable material at
any collection site while the site is closed.
(3)
Deposit or cause to be deposited any recyclable material in
or upon any public street, waterway, or grounds in the city.
(4)
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.
(5)
Deposit or cause to be deposited recyclable material generated,
accumulated, originated or collected within the city in any landfill.
(6)
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.
(F)
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.
(G)
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.
(A)
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.
(B)
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.
(C)
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.
(D)
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.
(1)
Charges for city garbage collection service shall commence when
the property served obtains service from the city water department.
(2)
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.
(E)
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; 9-21-2020]
(A)
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:
(B)
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.
(C)
Minimum license requirements: Each applicant for a license to collect
or transport solid waste shall meet the following minimum requirements:
(1)
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.
(2)
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.
(3)
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.
(D)
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.
(E)
Hours of collection. No collector shall collect solid waste from
any location in any 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 administrator may authorize collection of solid waste at
times that are otherwise prohibited by this section.
(F)
License year: The license year shall be from July 1 through June
30.
(G)
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]
(A)
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.
(B)
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.
(C)
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:
(C)
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.
(D)
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.
(E)
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.
(1)
The following shall be grounds for revocation or suspension
of a solid waste hauling or junk dealer license:
A)
Any violation of this chapter;
B)
Failure to hold a required license from the state;
C)
Transporting solid waste in violation of any condition of a
license; and
D)
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.
E)
Failure to pay any invoice from the city for disposal of solid
waste within 30 days of the date of the invoice.
(2)
No part of the license fee for a license which has been revoked
or suspended pursuant to this section shall be refunded.
(3)
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.
