[Amended 12-14-2009 by HO-2009-10]
A. 
Definitions. In this chapter the following definitions shall apply:
BULK TRASH
Furniture, bedding, televisions, computers, rags and carpeting, doors, windows, tires of passenger vehicles and metal BBQs so long as such trash was generated on or at the residential premises. Trash that is too large to fit into the trash container and weighs no more than 60 lbs will be subject to limitations in size and pickup as advertised by the Public Works Department on the City website.
COLLECTIBLE TRASH
Household trash, white goods, bulk trash, yard waste and recyclables.
CONSTRUCTION DEBRIS
Building materials including but not limited to lumber, concrete, sheetrock, shingles, bricks and siding.
HAZARDOUS WASTE
Any item the handling of which could cause harm to the collector, including but not limited to pressured containers, explosives, paint, poisons, caustics, gasoline and oil, excrement (excluding diapers and tightly wrapped pet waste), automotive parts, acid car batteries, fluorescent light bulbs, oil-based paints, automotive fluids and fuels, gas grill propane tanks, photographic chemicals, cleaning agents, helium balloon tanks, poisons, household batteries, solvents, varnishes and stains, driveway sealers, insecticides, herbicides and fertilizers, swimming pool chemicals, fire extinguishers, mercury and other hazardous materials.
HOUSEHOLD TRASH
Food waste, trash and refuse normally generated in a household which can be contained in a trash container. Household trash shall not include white goods and appliances, bulk trash, recyclables, yard waste, building materials, furniture or hazardous waste or construction debris, or any trash or debris not generated on or at the residential premises.
RECYCLABLES
All materials which can be separated, collected, processed and returned to the economic stream in the form of raw materials or products, including newspapers, glass, plastic containers, cardboard and cans. Because materials for recycling can change over time, residents are encouraged to consult the City website for acceptable materials.
TOTERS
City supplied mobile trash collection carts and the lids fitting them.
WHITE GOODS
Motorized appliances ordinarily used in a home or business, subject to size and weight limits as published by the City. Water heaters and metal BBQs are considered white goods.
YARD WASTE
Leaves, grass clippings, plant cuttings, brush, yard debris, as well as branches and shrubs, if less than three inches in diameter and no longer than four feet, bundled and tied and not weighing more than 40 lbs. Any yard waste must be from the yard of the applicable residential premises.
B. 
General regulations.
(1) 
The City shall collect or cause to be collected trash only from properties with single family homes (including duplexes and triplexes). The City shall collect household trash, white goods, bulk trash, recyclables and yard waste, according to a schedule published by the City. The pick-up of white goods, bulk trash and large amounts of yard waste should be scheduled with the Public Works Department unless the City website dictates otherwise.
(2) 
All household trash must be placed in a toter which must at all times have an intact, tight fitting lid on it. In order to ensure the cleanliness of toters, food waste shall be securely contained prior to being placed in the toter. The City will supply toters pursuant to City policy.
(3) 
All collectible trash shall be kept behind the front building line of each lot and shall be placed at the street side or curb no earlier than 4:00 p.m. on the day before it is scheduled to be collected. All household trash must be in a toter. All containers (toters and recycling bins) or uncollected trash and waste must be removed from the street side or curb by midnight of the day it was scheduled for collection.
(4) 
Only paper bags and reusable containers (e.g., garbage cans) shall be used to contain yard waste. Yard waste for collection shall not be contained in plastic bags. Paper bags may not be used as the outside container for any other collectible trash unless the City specifically allows for it.
(5) 
Recyclables shall be separated from other collectible trash pursuant to City and County Policy and Regulations. Newspapers and bundles of cardboard shall be tied or contained so as not to be blown by the wind. Residents are encouraged to consult the City website and City Regulations for further regulations regarding recyclables.
(6) 
The Office of Code Enforcement shall, upon notice by residents or the Department of Public Works, enforce the provisions of this chapter and issue violations and notices therefore.
C. 
Prohibitions.
(1) 
It shall be unlawful for any person or entity, whether resident or owner to place or allow to be placed or remain at a street side or curb for collection anything:
(a) 
That is not collectible trash;
(b) 
Outside the hours listed above in Subsection B;
(c) 
Which is household trash and is not in the toter; or
(d) 
In a manner not in keeping with the general regulations as outlined above in Subsection B.
(2) 
No person shall interfere with the City/County collection and disposal of collectible trash.
(3) 
Recyclables shall not be placed with any other collectible trash.
D. 
Enforcement.
(1) 
The City Administrator, after consultation with the Directors of Public Works and Code Enforcement, shall promulgate regulations regarding trash and trash collection and the enforcement thereof. It shall be the policy of the City ordinarily to encourage voluntary compliance of residents with this article of the Code and particularly as to recyclables.
(2) 
Recyclables:
(a) 
The City shall not ordinarily inspect household trash to determine if recyclables are mixed with other trash. However, if through observation or routine handling of the trash or if the City employee has reason to believe that recyclables have not been separated from the household trash, the City may inspect the household trash.
(b) 
Upon finding that recyclables in more than negligible quantities have not been separated pursuant to this chapter, the City may decline to collect the trash that day until recyclables are removed by the resident but in any event shall issue a warning letter/notice to the resident. Upon noncompliance with the initial notice letter from the City, the City may then use the appropriate enforcement mechanisms as outlined herein.
(c) 
In the event there is continued noncompliance at a residence as to the separation of recyclables, in addition to any other penalty or enforcement, the City, after notice and opportunity for hearing by the resident, may collect the trash and separate the recyclables and charge an administrative fee for such service which will become a lien on the property if not paid when due.
(d) 
Unless otherwise provided, when there is trash and debris not in keeping with this chapter, the City at first occurrence may and ordinarily shall send a written notice to the owner and/or the resident pursuant to the procedures outlined in 65-26(A) of this chapter, except that the initial notice may state that the conditions must be remedied within 10 days. Any appeal of City action shall be governed by the procedures of 65-21(C).
(3) 
Unless otherwise provided, a violation of this article shall also be governed by the provisions of 65-27.
(4) 
If any City agent or employee has reason to believe hazardous waste or materials are mixed with trash or debris to be collected, and that such hazardous waste or materials could present a danger to any person or cause damage to property, the City shall cause the trash to be inspected. Upon finding such hazardous waste or materials, the City may take any appropriate action to protect the public and its employees, including but not limited to declining to collect the trash, issuing a warning or immediately and without notice issuing a municipal infraction citation to the resident/owner as well as any other reasonable abatement procedure as provided within this chapter. Mixing hazardous waste or material with other trash or debris set for collection or failing to remove such hazardous material from the street as ordered by the City shall be a municipal infraction with a penalty of five $500 per incident. Each day that a violation exists shall be a separate offense.