[Ord. 2002-31 § 6]
The definitions contained in Section 8.08.020 are hereby incorporated
in this article by this reference.
[Ord. 2007-18 § 1; Ord. 2006-264 § 4; Ord. 2002-31 § 7; Ord.
96-193 § 5; Ord. 94-294 § 1; Ord. 91-377 §§ 1, 2; Ord. 89-70 §§ 4-6; Ord. 85-404 § 2, 1985; Ord. 82-205 § 4]
A.
No person shall burn, litter, discard, deposit or dump, or permit
the burning, littering, discarding, depositing or dumping of any solid
waste, litter or yard waste at a location other than a sanitary disposal
project. However, this section does not prohibit the use of rubble
for fill, landscaping, excavation or grading at a location other than
a sanitary disposal project. This subsection shall not be construed
to prohibit leaf burning which is governed by Section 15.32.110 of
the Davenport Municipal Code[1].
[1]
Editor’s Note: Code Section 15.32.110 was repealed by
Ord. No. 2020-350, adopted 8-26-2020.
B.
No registered owner of a vehicle shall allow the use of his or her
vehicle to discard solid waste, litter, or yard waste at a location
other than a sanitary disposal project. If a peace officer, public
works employee, health department employee, City Administrator or
his designee has reasonable cause to believe that the driver of a
motor vehicle has violated this section, that officer or employee
may request the registered owner of the motor vehicle to supply information
identifying the driver. When requested, the owner of the vehicle shall
identify the driver to the best of the owner's ability.
C.
For purposes of this section, the term discard is defined and the
term litter is further defined in Section 455B.361, Iowa Code 1995.
D.
Anyone who violates the provisions of this section is guilty of a
municipal infraction.
E.
The City may elect to classify a violation of this section as an
environmental violation pursuant to Iowa Code Section 364.22(1). However,
as required by Iowa Code Section 364.22(1), the City must first offer
to participate in informal negotiations with the accused. If the accused
accepts the offer, the City and the accused shall participate in good
faith negotiations to resolve issues alleged to be the basis for the
environmental violation. If negotiations fail, each occurrence of
the environmental violation is punishable by a civil fine of not more
than $1,000 for each occurrence.
F.
No property owner shall allow solid waste to accumulate on their
premises. However, a person or private agency which has been granted
a permit by the state, which allows for the dumping or depositing
of solid waste on the premises owned or leased by the person or private
agency, and the operation of a sanitary disposal project on the premises
which is not in violation of any other ordinances shall not be in
violation of this section. For the purpose of this subsection, premises
includes the public property located between the owner's property
and the curbline or alley which is located nearest to the owner's
property.
G.
It shall be unlawful to litter City streets as a result of litter
blowing or falling from trucks while transporting said materials without
suitable covers. This section shall not apply to the transportation
of poultry or livestock.
H.
All persons or property owners shall only use or accept fill that
is dirt and rubble or is in compliance with state law. Any property
owner who intends to use or accept fill in excess of 40 cubic yards
shall register with the public works department and provide information
including, but not limited to: location of the fill site; name and
address of property owner; amount of fill to be used; nature of fill
and person(s) with permission of property owner to dump or deposit
fill on the site. Any person required to register the use or acceptance
of fill shall register at least 24 hours prior to any dumping or depositing.
The property owner shall be responsible to assure that all persons
dumping or depositing fill on the property are in compliance with
state and local law.
[Ord. 2018-442; Ord. 2006-264 § 5; Ord. 2002-31 § 8; Ord.
96-193 § 10; Ord. 82-205 § 8]
All accumulations of solid waste and building materials shall
be stored in a manner which does not present a threat to public safety
in accordance with the following provisions:
A.
Public Streets and Private Property. No person shall place any accumulation
of solid waste or building materials in any street, median strip,
alley, or other public place of travel, nor upon any private property
except as stated herein.
B.
Blockage of Storm Drains. No person shall place any solid waste,
building materials, dirt, rock, sand, refuse containers or commercial
containers on, upon or over any storm drain, or so close thereto as
to be drawn by the elements into same.
C.
City-Owned Containers. No person shall deposit any refuse or building
materials in any City-owned refuse containers or commercial containers
unless authorized to do so by the City.
D.
Refuse. All refuse shall be placed and maintained in either commercial
or refuse containers as specified in Chapter 8.08.
E.
Commercial Establishments. In addition to the requirements of Chapter
8.08, all commercial establishments shall store their refuse in commercial
containers so as to eliminate wind-driven debris and unsightly litter
in and about their establishments. Spillage and overflow shall be
immediately cleaned up when and as it occurs by said establishment.
F.
Loading and Unloading Areas. All loading and unloading areas shall
be provided with public refuse containers for refuse. The number of
containers necessary for each area shall be as required to maintain
a clean, neat and sanitary premises as directed by the neighborhood
services department or the health department.
G.
Obligation to Furnish and Use Containers.
1.
Obligation to Furnish Containers. All parking lots and establishments
with parking lots held out to the public as a place for assemblage,
the transaction of business, recreation, or as a public way shall
provide public refuse containers distributed within the parking area.
The neighborhood services department or the health department shall
have the authority to determine the number of containers necessary
to provide proper containerization when uncontainerized refuse becomes
a nuisance. It shall be the responsibility of the owner or the manager
of the parking lot to collect the refuse deposited in such containers
and store this material in an approved location as hereinabove defined.
2.
Obligation to Use Containers. It shall be the obligation of all persons
using parking areas to use such public refuse containers as hereinabove
provided for the purposes intended, and it shall be unlawful for any
person or persons to dump, scatter, or throw upon any such parking
lot, any refuse or building materials of any kind.
H.
Construction Sites and Demolition Sites. All construction and demolition
contractors shall provide on-site commercial containers for building
materials and other refuse produced by those working on the site.
All such material shall be containerized and the site shall be kept
in a reasonably clean and litter-free condition at all times. Dirt,
mud, construction materials or other debris deposited upon any public
or private property as a result of construction or demolition shall
be removed by the contractor.
[Ord. 2018-442; Ord. 2002-31 § 9; Ord. 96-193 § 17; Ord.
90-257 § 6; Ord. 82-205 § 13;]
A.
Sidewalks, Alleys and Rights-of-Way. All owners or occupants of property
shall maintain their property in a clean and litter-free manner, including
sidewalks, boulevards, one-half of alleys, curbs or rights-of-way
up to the edge of the pavement of any public street.
B.
Sweeping, Blowing or otherwise Placing into Sidewalks or Streets.
No person shall sweep or blow into or otherwise put on any street
or sidewalk yard waste (including, but not limited to, grass clippings),
rubble, refuse, or building materials.
[Ord. 2002-31 § 12]
A violation of Sections 8.14.380, 8.14.390, or 8.14.400 is deemed
a nuisance and may be abated by the City with the associated cost
of cleanup and disposal being assessed against the property.
[Ord. 2018-442; Ord. 2007-268 § 1; Ord. 2002-31 § 13]
Anyone who violates the provisions of this article is guilty
of a municipal infraction and upon conviction shall be fined as follows:
[Ord. 2015-118 § 11; Ord. 2007-18 § 2; Ord. 2006-264 § 6; Ord.
2002-31 § 14]
The property owner shall be notified by regular mail or personal
service of a violation of Section 8.14.410. The notice shall state
the nature of the violation, the corrective action to be taken, and
the amount of time by which the corrective action must be taken. Upon
receipt of such notice the property owner may file an appeal pursuant
to Section 2.86.020. If appealed a hearing shall be scheduled and
held pursuant to Chapter 2.86. If timely appeal is not filed the notice
of violation shall be conclusively presumed to be true.
[Ord. 2007-18 § 3; Ord. 2006-264 § 7; Ord. 2002-31 § 15]
Any clean-up costs billed shall be billed in accordance with
Section 8.14.030, and any appeal thereto shall be filed in writing
with the public works department and heard by the City Administrator
or his designee.
[Ord. 2018-442; Ord. 2002-31 § 16]
In the event that immediate corrective action must be taken
in order to stop the conditions created by a violation of this title
from worsening or spreading (negatively impacting the ability to contain
and abate) or a clear and compelling threat to the public health or
safety exists, the City may abate the violation without notice.
