[Ord. 1301-2020, 1-21-2020]
For the purpose of this chapter, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning.
When residents/commercial customers need extra service on
an individualized basis.
Two-wheeled container provided to residential customers and
to commercial customers under special circumstances as determined
by the Director, used to place trash for pick up by the Solid Waste
Department.
The City of Tahlequah.
The City Administrator of the City of Tahlequah.
A customer owning a business, apartment complex, or other
entity than residential customer.
A large container provided to commercial, industrial and
other customers that regularly have too much waste for a cart having
hinged lids and wheels that allow the container to be moved, lifted
and emptied by Department.
Roll off container at a location on a temporary basis.
The Solid Waste Department of the City.
Superintendent/Director of the Solid Waste Department.
Waste which is too large, heavy, or in quantities too great
for collection from the residents/commercial container or which is
placed for collection outside of the customer's container.
A customer in a single-family dwelling or household which
is a part of a single or multi-family structure, other than an apartment
complex, and which is not a commercial customer.
Garbage, trash, rubbish, and other refuse.
[Ord. 1301-2020, 1-21-2020]
A refuse disposal department for the health and safety of the
citizens of the City shall be, and is hereby created, for the City
to be known as the Solid Waste Department.
[Ord. 1301-2020, 1-21-2020]
In order to maintain general sanitation, it shall be the duty
of each owner, renter or occupant of real estate within the City to
request, accept and use Solid Waste services provided by the City.
Registration and billing for this service is provided by Tahlequah
Public Works Authority.
[Ord. 1301-2020, 1-21-2020]
The City of Tahlequah, through its City Council shall have the
exclusive rights, to designate the City agency to collect garbage
within the limits of said City, and that they are hereby authorized
to charge a just and reasonable compensation for such services and
to provide funds to meet this and other charges of operating the City
department. All fees and charges shall be charged and collected as
other charges are collected against utility meters in operation on
all premises within the City. Collection times from private homes
and from places of business shall be fixed and determined by the Director
and charges therefor shall be fixed by the City Council.
A.
Each residential and each commercial customer shall pay a monthly
fee for solid waste collection and disposal services regardless of
whether any refuse is collected at the customer's location during
the month. Each individual utility account shall serve as a separate
location unless the locations are served under the same single point
meter. In cases where service is located on a roadway that is privately
owned and not maintained by the City, the property owner may request
rear-loading refuse trucks.
B.
The City shall provide solid waste collection services within the
City limits and may provide such services outside the City limits
by contract.
C.
The City may refuse to collect any item or items which are dangerous
or hazardous or which, in the Director's sole discretion, would
place an unreasonable burden on the City. Items which the Department
will not collect at the curb include, but are not limited to, the
following: oil, lubricants, paint, batteries, chemicals, compressed
gas cylinders, tires, dirt or rocks.
D.
Residential waste collection will take place once per week. Commercial
waste collection is dependent upon level of service required.
E.
Junk loads and green waste collection must be arranged in advance
by contacting the Department. If items are placed at the curb the
Department has the right to remove items and apply service fee.
F.
Solid waste that cannot be collected because it is not in an approved
container, because the container is overloaded, or improperly placed
for collection, may be declared a nuisance, which the City may abate
at the property owner's expense.
G.
Hours of operation and current fees will be published on the City's
website.
[Ord. 1301-2020, 1-21-2020]
Except as provided in this section, it is unlawful for any person,
firm or association to use the public streets, alleys and ways in
this City for the transportation of garbage, trash or other noxious
substances except at such times and under such regulations as may
be prescribed by the Mayor and City Council. Persons may transport
over the public streets of this City and deposit at the solid waste
transfer station tree limbs, trees, rock, building construction trash
and fill material, provided that the Mayor and Director may authorize
persons or firms to utilize the public streets and alleys, and to
go into the appropriate dump to dispose of their own trash and refuse.
[Ord. 1301-2020, 1-21-2020]
The following regulations apply to all individuals and/or entities
that have been issued a cart and/or commercial dumpster by the city:
A.
Carts and commercial dumpsters are assigned to specific addresses
and shall be identified by unique serial numbers or other visual identification.
B.
When not placed for collection, carts shall be located or stored
in an appropriate location in order to maintain the neat and orderly
appearance of the property and to protect the cart from damage and
the contents from being blown or washed out.
C.
The City reserves the right to refuse to collect solid waste from
an improperly placed container or a container which is not accessible
to automated collection equipment. When a customer desires to have
solid waste collected, the customer shall place the container in an
appropriate location for collection with automated equipment.
D.
Except as otherwise provided, carts not placed in accordance with
this section will not be collected.
E.
Customers shall place carts against the curb, if there is no curb,
within 12 inches of the roadway, within seven feet of the driveway,
and no closer than 24 inches to any other obstruction such as mailboxes,
trees, shrubs, or other containers prior to 5:00 a.m. on the customers
regular schedule collection day or substitute day in order to be assured
of collection. The can must be oriented so the lid of the container
is facing the street and will function normally with automated collection
equipment. Vehicles must not park near container.
F.
Carts shall be moved from the collection location and return to a
storage location on customer's premises by 7:00 a.m. on the morning
after collection has taken place. Any violations of this is punishable
by ticketing.
G.
Commercial customers shall place carts where collection can occur
with minimum of disruption to traffic. All dumpsters shall be placed
on a concrete pad and enclosed. The location shall allow sufficient
access for entering/turning/backing/exiting by the solid waste truck.
H.
Roll-off containers shall be placed on the customers property and
shall not be placed on a roadway or right of way without written consent
by the Director.
I.
City-owned containers shall be maintained by the City at the City's
expense; however, damage to container that is caused by willful or
negligent act or omission of the customer or another while the container
is in the customers' possession or control shall be the responsibility
of the customer. The cost of repairing or replacing a lost, damaged,
or destroyed shall not exceed the cost of a new container/cart.
J.
All containers not owned by the City, whether or not approved by
the City, shall be the responsibility of the customer. The customer
shall maintain all customer-owned containers in serviceable condition.
K.
Lids must Remain in closed position in order to prevent solid waste
from escaping from the container/cart and to prevent the container
from collecting water in the event of rain or snowfall.
L.
Container wheels must be maintained in order to allow for easy movement
and attachment of collection equipment.
M.
Dumpster/cart that allow solid waste to escape from to top, bottom
or any side must be repaired or replaced for collection service to
occur.
N.
The City will provide and maintain commercial dumpsters.
O.
All solid waste to be collected must be placed inside a container,
commercial dumpster, or roll-off container. Customers should contact
the Department to arrange a junk load or oversized solid waste pick
up for an additional charge.
P.
The City reserves the right to refuse to collect solid waste from
any container containing any hazardous, dangerous, or otherwise prohibited
item or substance. Prohibited items include, but are not limited to,
the following: fuel, gasoline, diesel, oil, other lubricants, petroleum,
propane, butane, hazardous chemicals, solvents, paint, pesticides,
tires, batteries, and/or any object(s) that are deemed by the Department
Director to be hazardous to operation of the Department vehicles and/or
employees.
Q.
The City reserves the right to refuse to collect solid waste from
an overweight or overload container. A container shall be considered
overload if the lid of any container will not completely close and/or
if the maximum container weight limit of 200 pounds is exceeded.
R.
Hospital roll-off service. Hospitals are allowed multiple 20 yard
roll off dumpster open/closed top. Fees will be per dump.
S.
Hospital hazardous material shall not be placed in roll-off dumpsters.
T.
School roll-off service. Schools located within the City limits shall
be charged a set monthly rate for roll-off collection services.
[Ord. 1301-2020, 1-21-2020]
In addition to regular residential, commercial, or roll-off
collection services, the Department may collect junk load waste under
such terms and conditions as established by the Department Director.
A.
Junk loads shall be collected on Fridays only. A customer wanting
a junk load picked up must contact the Department no later than 3:30
p.m. each Thursday.
B.
No junk load shall be placed at or near the physical address curb
more 24 hours before pick up.
C.
Junk loads that are not scheduled by the customer will be collected
at customer's expense.
D.
By placing junk loads at the curb for collection, the customer consents
to pay an additional fee for collection. The additional fee for collection
will be added to the customers utility bill for the following billing
cycle. If no active utility account is found for that location, the
charges for junk loads will be assessed to the property owner for
that location.
[Ord. 1301-2020, 1-21-2020]
The disposal by burning or incineration of solid waste by any
individuals, householder, or establishment in any place, private or
public, within the City limits, is prohibited without an appropriate
permit and shall be an offense punishable by ticketing.
[Ord. 1301-2020, 1-21-2020]
The Mayor and City Council may make or cause to be made, inspections
to determine whether garbage and refuse is being properly disposed
of and to further determine if receptacles of the kind required are
being properly used by the general public for disposition of garbage
and refuse. Failure to comply with this section may result in prosecution
of such offender, as provided herein.
A.
It is hereby made the duty of any inspector acting on the behalf
of the City to report to the City Attorney any person or persons,
firm or corporation failing to comply with the sections in any particular.
The City Attorney is required to institute the necessary proceeding
to prosecute such offenders as provided herein.
B.
It shall be unlawful for any person to place solid waste, or any
other material, whether solid or liquid, into a container belonging
to, or issued by the City, to another person or entity, unless the
container is visually designated or could reasonably be considered
a container intended for public use.
C.
It shall also be unlawful for any person to place loose solid waste
on public property, or the property belonging to another person of
entity.
[Ord. 1301-2020, 1-21-2020]
Any person, firm or corporation who violates any of the provisions of this chapter shall be deemed guilty of an offense and upon conviction, shall be fined as provided in Section 1-108 of this Code.
