This article shall be known as the city garbage and waste disposal ordinance.
(2001 Code, sec. 13.1401)
The purpose of this article is to:
(1)
Provide a safe and healthful environment for all citizens within the city limits;
(2)
Protect the health, safety and well-being of all citizens by eliminating possible or in fact germ-breeding materials and conditions which may contribute to the spreading of diseases and infections to humans and animals;
(3)
Provide a means for the orderly and safe handling, storage, collection, transporting and disposal of solid waste, especially garbage, within the city.
(2001 Code, sec. 13.1402)
The following definitions shall apply in the interpretation and enforcement of this article:
A controlled area of land for which a permit is issued and upon which solid waste is disposed of in conformance with federal and state law.
Items too large for normal pickup and which cannot be loaded by two workers.
Any type of business or industry, whether sales, service or storage, or any institution such as churches, schools or hospitals.
One or more persons occupying premises and living as a single housekeeping unit, whether or not related to one another by birth, adoption or marriage.
A portable can or similar container constructed of galvanized iron, tin or other substantial material, or a plastic bag or cardboard box designed to store solid waste with sufficient wall strength to maintain physical integrity when lifted by the top. The maximum capacity of a garbage container shall not exceed thirty-three gallons and the total weight of a garbage container and its contents shall not exceed fifty pounds.
As defined by federal or state law and/or the regulations promulgated in this article;
Because of its quantity, concentration, or physical, chemical or infectious characteristics may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating illness or pose a substantial present or potential hazard to human health or the environment when improperly created, stored, transported or disposed of or improperly managed;
Is required to be accompanied by a written manifest or shipping document describing the waste as hazardous pursuant to any state or federal law;
Waste containing polychlorinated biphenyl or any other substance the storage, treatment or disposal of which is subject to regulation under the federal Toxic Substances Control Act;
Contains a radioactive material the storage or disposal of which is subject to federal or state law.
Any property, whether improved or unimproved, or occupied or not occupied, within the city limits.
Any building or structure commonly known as a home, house, mobile home, house trailer, duplex, or apartment or any other structure which is commonly used for housekeeping by a family unit.
Any person or persons occupying a residence.
Any and all waste that is solid, including brush, debris, garbage, yard waste and trash, as solid waste is defined under federal or state law and/or the regulations promulgated thereunder, and that is acceptable for disposal in a landfill, except for special waste and hazardous waste as defined in this section.
Waste defined as such by federal or state law and/or the regulations promulgated thereunder;
Medical waste, including infectious or pathological waste from laboratories, research facilities, and health and veterinary facilities;
Dead animals and/or slaughterhouse waste;
Water treatment plant, sewer treatment plant and industrial sludge;
Liquid waste, which means any waste material that is determined to be or contains free liquid by the paint filter test (EPA Method 9095);
Waste from an industrial process;
Waste from a pollution control process;
Waste transported in bulk tanker;
Asbestos waste;
Empty containers which have been used for pesticides, herbicides, fungicides or rodenticides;
Residue or debris from the cleanup of a spill or release of chemical substances or commercial products;
Soil, water, residue, debris or articles which are contaminated from the cleanup of a site or facility formerly used for the generation, storage, treatment, recycling, reclamation, or disposal of waste listed in this definition, including soil contaminated from underground storage tanks or formerly used for the storage of petroleum products;
Waste that requires other than normal handling, storage, management or disposal.
(2001 Code, sec. 13.1404)
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this article shall be fined in accordance with the general penalty provision found in section 1.01.009 of this code for each offense. Each day that a violation is permitted to exist shall constitute a separate offense.
(2001 Code, sec. 13.1419)
(a)
Each and every occupied residence located within the city limits is required to subscribe to the city garbage service. Each and every occupied commercial unit within the city is required to subscribe to and use the city garbage service.
(b)
Commercial units on the same property shall be deemed to have subscribed to the city garbage service if that property is served by at least one commercial dumpster of sufficient size to contain all garbage generated on the property.
(2001 Code, sec. 13.1403)
(a)
Every person that owns, operates, manages, occupies or controls any premises in the city shall provide and maintain in good order and repair a sufficient number of garbage containers for the accumulation and disposal of garbage. Containers should be placed for collection within five feet of the curb or, if no curb exists, within five feet of the driving surface of the street. Containers may not be placed for collection earlier than 7:00 p.m. the day before the scheduled day for collection. No waste shall be allowed to accumulate outside the containers.
(b)
Every person that owns, operates, manages, occupies or controls any commercial unit within the city limits shall provide a commercial container known as a dumpster or front load dumpster, except for commercial customers previously approved for commercial hand pickup. All commercial containers shall be placed on private property.
(c)
Commercial units receiving commercial hand pickup shall provide containers as required under residential pickup.
(2001 Code, sec. 13.1406)
It is unlawful for any person owning, operating, managing, controlling or occupying premises within the city limits to allow the accumulation of any solid waste except in approved garbage containers. Such accumulation is declared to be a nuisance and is unlawful and shall be removed within ten days after written notice is given.
(2001 Code, sec. 13.1407)
(a)
Residential collection shall be two times per week. Commercial hand pickup customers shall not exceed ten thirty-three gallon containers per week. Any commercial hand pickup customer exceeding ten thirty-three gallon containers per week shall be required to use a dumpster. Commercial hand pickup customers should place garbage for pickup in the same manner as residential customers. Containers shall not exceed fifty pounds.
(b)
Commercial dumpster service shall be negotiated between the customer and the approved contractor.
(2001 Code, sec. 13.1408)
The city council shall adopt by resolution rates for city garbage collection services.
(2001 Code, sec. 13.1409)
Disabled and/or handicapped residential customers (as certified by the city from a doctor’s statement supplied by the customer, that all occupants of the household are handicapped to the extent they are unable to place garbage at the curb for pickup) will be allowed to receive pickup at the house, but no farther from the street than the rear building line. Service will not be provided inside a garage or within a fenced yard. This service will be at the regular curbside rate.
(2001 Code, sec. 13.1411)
Bulky items shall be collected once each year on a date set by the city. Household items such as chairs, couches, carpet, tables, desks, etc., will be considered as bulky items. Piles of loose brush and building materials will not be considered bulky items and will not be collected. Bulky items should be placed within five feet of the curb, and if no curb exists within five feet of the driving surface of the street. Bulky items should not be placed for pickup more than seventy-two hours prior to the scheduled pickup.
(2001 Code, sec. 13.1410)
All brush placed for normal pickup shall be tied in bundles not to exceed four feet in length or placed in a container. Such brush shall not exceed two cubic yards per pickup.
(2001 Code, sec. 13.1412)
It is unlawful for any person to dispose of any hazardous waste or special waste except in conformance with all federal and state laws and regulations. Such disposal shall be at the sole expense and responsibility of each property owner.
(2001 Code, sec. 13.1413)
Animal manure shall be disposed of at the expense of the property owner and in conformance with federal and state law.
(2001 Code, sec. 13.1405)
No person, firm or corporation shall transport any waste or cause waste to be transported over the streets of the city unless such waste is entirely covered.
(2001 Code, sec. 13.1414)
It is unlawful for any person to have ignited, or for any person to burn or to have burned, any garbage, trash, rubbish, junk or any solid waste within the city limits, except that the fire chief shall have authority under the authority of the city council to authorize at various times, under controlled and specific conditions, the burning of certain specified items when it is deemed to be in the best interest of the city.
(2001 Code, sec. 13.1416)
This article shall not prohibit a property owner or occupant from transporting solid waste or garbage to an authorized sanitary landfill if such owner or occupant desires to do so, but this section shall in no way relieve such person from subscribing to the city garbage service.
(2001 Code, sec. 13.1417)
No person, firm or corporation shall provide any waste disposal services for which a fee is charged within the city limits without a permit, license or franchise from the city council. Only the city council shall authorize a private firm or company to provide such service in the city.
(2001 Code, sec. 13.1415)
It is unlawful for any person to meddle, pilfer or scatter any garbage, rubbish, trash, junk or any solid waste. It is unlawful for any person to place any type of solid waste in a container belonging to another person without that person’s consent.
(2001 Code, sec. 13.1418)