(a)
Prohibition.
No person, property owner or occupant shall
place a dumpster or trash container in the right-of-way.
(b)
Penalty.
Any person, firm or corporation violating any of the provisions or terms of this section shall be subject to a fine in accordance with the general penalty provided in section 1.01.009 of this code, and each and every day such violation shall continue shall be deemed to constitute a separate offense.
(Ordinance 2005-3-103 adopted 3/10/05; Ordinance adopting Code)
(a)
Approval required.
No property shall be used as a "landfill"
within the boundaries of the city limits without prior approval of
a unanimous vote of the city council. Herein, a landfill is defined
as the operation of property with the purpose of collecting, handling,
storing, treating, neutralizing, stabilizing, or disposing of solid
waste.
(b)
Penalty.
Any person violating any of the provisions of this section shall, upon conviction, be fined in accordance with the general penalty provided in section 1.01.009 of this code, and each day and every day that the provisions of this section are violated shall constitute a separate and distinct offense.
(c)
Definition.
"Solid waste" means garbage, rubbish, refuse,
sludge from a waste treatment plant, water supply treatment plant,
or air pollution control facility, and other discarded material, including
solid, liquid, semi-solid, or contained gaseous material resulting
from industrial, municipal, commercial, mining, and agricultural operations
and from community and institutional activities.
(Ordinance 1992-02-0003 adopted 10/12/92; Ordinance adopting Code)
(a)
The accumulation of garbage, trash, rubbish, brush and other refuse
on the premises of private residences, businesses, public and private
institutions, or vacant lots and in the streets and alleys and on
other property ("premises") within the city constitutes a health hazard,
fire hazard, safety hazard, public menace or nuisance and greatly
increases the danger of the spread of infectious, contagious and epidemic
diseases. The regulations of this division are adopted for the purpose
of preserving and protecting the public health, safety and general
welfare by requiring property owners, tenants, occupants and lessees
to secure and maintain containers and receptacles of sufficient size
and material for the deposit of garbage, trash, rubbish and recyclable
materials for collection and removal at regular intervals and to maintain
their premises free of accumulation thereof.
(b)
The city provides for solid waste collection to residential and commercial
customers through a franchise agreement with a designated provider.
The city franchise agreement grants exclusive rights to the franchisee
to provide collection, hauling and disposal of solid waste for residential
and commercial customers, on the terms and subject to the conditions
set forth below. This division establishes the responsibilities of
residential and commercial customers regarding collection, transportation
and disposal of solid waste.
(c)
It shall be unlawful for any other person or entity other than the
designated franchisee to provide municipal solid waste collection
or disposal services to any single-family residential unit, commercial
unit or multi-family residential unit for compensation within the
city, or to make use of the public streets for solid waste or recycling
collection purposes.
(Ordinance 2016-05-181, sec. 2,
adopted -/-/16)
Any solid waste not measuring in excess of either forty-eight
(48) inches in length or fifty (50) pounds in weight, including, but
not limited to, construction and demolition debris, refrigerators,
stoves, washing machines, water tanks, chairs, couches and tree trimmings.
Metal objects included in bulky waste will not exceed 50 lbs.
Solid waste items not measuring in excess of either forty-eight
(48) inches in length or fifty (50) pounds in weight, including, but
not limited to, brush, newspapers and tree trimmings.
Any day that is not a Saturday, a Sunday or other day on
which banks are required or authorized by law to be closed in the
city.
Any non-manufacturing commercial facility that generates
and accumulates municipal solid waste during, or as a result of, its
business, including, but not limited to, restaurants, stores, warehouses,
schools, recreational facilities, clubs and churches.
Solid waste resulting from construction or demolition activities
or that is directly or indirectly the byproduct of such activities,
including, but not limited to, cartons, concrete, excelsior, gypsum
board, metal, paper, plastic, rubber and wood products and regardless
of whether such solid waste is mixed with or constitutes recyclable
materials. Construction and demolition debris does not include hazardous
waste or municipal solid waste.
Receptacles provided by the service provider for the collection
of solid waste.
A container with 2 to 8 cubic yards of capacity.
The legal instrument that defines the exclusive rights and
responsibilities of the private waste company that collects, hauls
and disposes of solid waste within the city limits.
The private waste company that collects, hauls and disposes
of solid waste within the city limits.
Any residential dwelling that is inhabited by persons, all
of whom are physically handicapped to the extent that they are unable
to place municipal solid waste at the curbside, and that generates
and accumulates municipal solid waste. The identities of the members
of a handicapped residential unit shall be certified by the city and
agreed to by the franchisee.
Waste identified or listed as a hazardous waste by the administrator
of the United States Environmental Protection Agency (EPA) under the
federal Solid Waste Disposal Act, as amended by the Resource Conservation
and Recovery Act of 1976, as amended, or so classified by any federal
or state statute, rule, order or regulation.
The following days:
Any manufacturing, mining or agricultural facility that generates
and accumulates municipal solid waste during, or as a result of, its
operations.
All applicable laws, rules, regulations, statutes, treaties,
codes, ordinances, permits, certificates, orders and licenses of any
governmental agency, and applicable judgments, decrees, injunctions,
writs, orders or like action of any court, arbitrator or other administrative,
judicial or quasi-judicial tribunal or agency of competent jurisdiction
pertaining to any matters arising under this agreement or the franchises
and privileges connected therewith.
Any residential dwelling that is designed for, and inhabited
by, multiple-family units and that generates and accumulates municipal
solid waste.
Solid waste resulting from or incidental to municipal, community,
commercial, institutional or recreational activities, industrial or
manufacturing, mining, or agricultural operations regardless of whether
such solid waste is mixed with or constitutes recyclable materials.
Municipal solid waste does not include construction and demolition
debris or hazardous waste.
A metal product or other item that has been recovered or
diverted from the primary waste stream for purposes of reuse, recycling,
and reclamation.
A metal product that is deemed as acceptable by the service
provider, which has been recovered or diverted from the primary waste
stream for purposes of reuse, recycling, and reclamation. Such materials
may not be radioactive or contain freon or hazardous materials.
Any residential dwelling that is either a single-family residential
unit or a multi-family residential unit.
A container with twenty (20) cubic yards, thirty (30) cubic
yards or forty (40) cubic yards of capacity.
A container with ninety-six (96) gallons of capacity.
Any residential dwelling that is designed for, and inhabited
by, a single person or family unit and that generates and accumulates
municipal solid waste, other than those which accumulate municipal
solid waste into a 2-yard, 4-yard, 6-yard or 8-yard dumpster.
As defined by the EPA under 40 C.F.R. section 261.2(a)(1),
or by the state under the Solid Waste Disposal Act, Health and Safety
Code section 361.003(34) and (35).
The state commission on environmental quality.
Includes, but is not limited to, hazardous waste, radioactive
waste, medical waste, or any material defined in federal or state
statutes or regulations as hazardous or toxic substances.
Any item not measuring in excess of either three (3) cubic
feet in size or fifty (50) pounds in weight and that is manufactured
primarily from metal, including, but not limited to, a bathtub, heater,
hot water heater, refrigerator, sink or washer and dryer. White goods
must be evacuated of all refrigerate oil.
(Ordinance 2016-05-181, sec. 3,
adopted -/-/16)
All occupied residential units, industrial units and commercial
units within the city shall be charged monthly for and shall receive
solid waste collection and disposal services at intervals hereinafter
established.
(Ordinance 2016-05-181, sec. 4,
adopted -/-/16)
(a)
Storage or accumulation of solid waste that is unsightly or a health
or safety hazard is prohibited. No owner, lessee or occupant of any
residential unit, industrial unit or commercial unit shall permit
the accumulation of any solid waste or recyclable material on residential
or commercial premises except in acceptable containers as defined
herein. Proper storage of such materials between collection days is
required to ensure prevention of littering and unsanitary conditions.
(b)
It shall be unlawful for the owner, occupant or person in control
of any premises to allow solid waste to be piled, placed or accumulated
on any sidewalk, street or other right-of-way within the city limits.
(c)
No person shall dump, throw or place any solid waste, ashes, grass
cuttings, rock or any other material of any kind in or on any public
street, alley, storm sewer, drainage structure, drainage channel or
other public or private property in the city except for the designated
collection location on the designated collection day.
(d)
All hazardous waste must be disposed of in accordance with local,
state and federal regulations.
(e)
It shall be unlawful for any person to deposit any burning material
(burning match, charcoal, embers, etc.) into any container used for
disposal of solid waste.
(f)
Meddling with solid waste containers or in any way pilfering, scattering
contents or scavenging materials from such containers is prohibited
by anyone other than the owner or resident of the premises where the
container is located or law enforcement officials.
(g)
No person shall place any solid waste into any container without
the effective consent of the owner, tenant, lessee or occupant of
the premises upon which said container is located.
(h)
Residents are prohibited from setting out any solid waste that is
generated from a nonresidential source to be collected as residential
solid waste.
(Ordinance 2016-05-181, sec. 5,
adopted -/-/16)
All solid waste containers not meeting the requirements of this
division shall be removed and disposed of by the city or its franchisee,
and neither the city nor its franchisee shall be liable for the removal
and disposal of the same.
(Ordinance 2016-05-181, sec. 6,
adopted -/-/16)
(a)
Service established.
Single-family residential units
existing on the effective date of the city's franchise agreement shall
begin receiving services upon the effective date of the city's franchise
agreement. Single-family residential units unoccupied or not existing
on the effective date of the city's franchise agreement shall begin
receiving services immediately upon being occupied.
(b)
Charges for residential service.
The charge for collecting
solid waste from each single-family residential unit shall be in an
amount established and as from time to time amended by ordinance or
franchise agreement as adopted by the city council. The ordinance
and amendments thereto shall be kept on file with the city secretary
and shall be available for public inspection during regular business
hours. A penalty may be charged for an overdue bill.
(c)
Containers; placement for collection.
Single-family
residential units shall place solid waste in roll-out containers provided
by the city's franchisee and shall place the roll-out containers for
collection in accordance with all the provisions of the franchise
agreement.
(d)
Residential bulk waste collection.
Single-family residential
units may deliver bulky waste to the area designated by the city during
city-wide clean-up events.
(e)
Residential collection schedules.
(1)
Schedules for the collection of solid waste from single-family residential
units shall be determined by the franchisee.
(2)
Complaints regarding missed collections shall be reported directly
to the franchisee, as provided in the franchise agreement, as soon
as the missed collection is discovered.
(Ordinance 2016-05-181, secs. 7-11,
adopted -/-/16)
(a)
Service established.
Commercial units, industrial units
and multi-family residential units existing on the effective date
of the city's franchise agreement shall begin receiving services on
the effective date of the city's franchise agreement. Commercial units
and multi-family residential units unoccupied or not existing on the
effective date of the city's franchise agreement shall begin receiving
services immediately upon being occupied.
(b)
Charges for commercial service.
The charge for collecting
solid waste from each commercial unit, industrial unit and each multi-family
residential unit shall be in an amount established and as from time
to time amended by ordinance or franchise agreement as adopted by
the city council. The ordinance and amendments thereto shall be kept
on file with the city secretary and shall be available for public
inspection during regular business hours. A penalty may be charged
for an overdue bill.
(c)
Commercial rear-load collection service.
It shall be
the duty of the owner or the person otherwise in charge of commercial
units and multi-family residential units within the city to cause
all solid waste accumulated on said premises to be placed in a dumpster
located so as to accommodate collection equipment. The city shall
be the sole determinant of acceptable dumpster pads, locations, and
screening.
(d)
Commercial collection schedules.
(1)
Schedules for the collection of solid waste from commercial units,
industrial units and multi-family residential units shall be determined
by the franchisee.
(2)
Complaints regarding missed collections shall be reported directly
to the franchisee, as provided in the franchise agreement, as soon
as the missed collection is discovered.
(Ordinance 2016-05-181, secs. 12-15,
adopted -/-/16)
