Unless otherwise noted herein, the following terms shall be defined as follows:
Any person, corporation, partnership or similar entity that contracts for valuable consideration to pick up or collect municipal solid waste on a regular basis from any collection point within the corporate limits of the city.
Solid waste resulting from or incidental to municipal, community (residential), commercial, institutional, and recreational activities, and includes garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, and other solid waste other than industrial solid waste as defined by state or federal law.
A material that has been recovered or diverted from the non-hazardous waste stream for purposes of reuse, recycling, or reclamation, a substantial portion of which is consistently used in the manufacture of products that may otherwise be produced using raw or virgin materials. Recyclable material is not solid waste. However, recyclable material may become solid waste at such time, if any, as it is abandoned or disposed of rather than recycled, whereupon it will be solid waste, with respect to the person actually abandoning or disposing of such material.
A process by which materials that have served their intended use or are scrapped, discarded, used, surplus, or obsolete are collected, separated, or processed and returned to use in the form of raw materials in the production of new products. Except for mixed municipal solid waste composting, that is, composting of the typical mixed solid waste stream generated by residential, commercial, and/or institutional sources, recycling includes the composting process if the compost material is put to beneficial use.
(Ordinance 2002-06-00462, sec. 1, adopted 6/3/02; Ordinance 2023-03-00974 adopted 3/16/2023)
(a)
No collector shall collect any municipal solid waste within the corporate limits of the city without first applying for and obtaining a permit to do so from the city manager or designee. Such permit shall be on such forms as the city manager may determine and the fees charged for such permit shall be set by the city council. It shall be unlawful for any person, firm or corporation to collect municipal solid waste or to engage in the business of municipal solid waste collection without first having been issued a permit to do so from the city.
(b)
In addition to the foregoing permit requirement, any person, firm or corporation collecting solid waste and recycling from any residence within the city shall first enter into an agreement with the city. Said agreement shall be on such terms and conditions as the parties may mutually agree. The city may determine that such agreement may be exclusive or nonexclusive.
(c)
No collector shall allow any municipal solid waste to spill or fall from the collector’s equipment within the corporate limits of the city. In the event that spillage should occur, the collector shall completely remove such spillage within twenty-four (24) hours of notice of spillage occurrence.
(d)
No collector shall cause damage, beyond normal wear and tear, to any street or roadway within the city. In the event the collector causes damage to any street or roadway within the city, the collector shall be given written notice to immediately cause such damage to be repaired under the supervision of the city inspector. Such notice shall provide that, in the event the collector does not acknowledge responsibility for making such repairs within seven (7) days of notice, a hearing will be held by the city council on the question of responsibility for such damage. If at such hearing the council finds that the damage was caused by the collector and such damage was beyond normal wear and tear, the city council may request the collector to cause such damage to be repaired under the supervision of the city inspector, and if such damage is not repaired within the time stated the city council may within its sole discretion terminate the collector’s franchise and right to use the public streets within the city to carry on its business.
(e)
All collectors shall clearly mark all collection vehicles with the collector’s name, address and telephone number. All collection vehicles used by collectors to collect municipal solid waste within the city shall be no larger than a single-axle type, and shall not exceed 25,000 pounds in weight, unless specific written approval is granted by the city council. The collector must use trucks and equipment meeting the approval of the city that will prevent spillage and damage to the streets and ways used by such trucks and equipment. The collector shall also abide by any city regulations with regard to the placement of collection containers if it becomes necessary to establish such regulations.
(f)
The collector shall provide the city with a certificate of insurance showing general public and motor vehicle liability coverage with limits of at least $500,000.00 per person/$1,000.000.00 per accident/$100,000.00 property damage. Such policies shall name the city as an additional insured and shall contain provisions requiring that the city be notified within ten (10) days of any cancellation or termination of the policy. The foregoing additional insured requirement and the ten-day notice requirement shall be shown on the face of the certificate submitted by the collector. The collector shall defend, indemnify, and hold the city and each of its officers and employees harmless from any and all suits, actions, claims, losses or damages of any character and from all expenses incidental to the defense of such suits, actions or claims based on or arising out of any injury, damage, loss, disease, sickness, or death of any person or persons, or any damages to any property, caused by any act or omission of the collector or its officers, agents, servants, employees or anyone else under the collector’s direction and control, and arising out of, occurring in connection with, resulting from, or caused by the performance or failure of performance of any work or services under the collection agreement or conditions created by the performance or nonperformance of said work or services.
(g)
No collector shall collect any municipal solid waste within the corporate limits of the city without first obtaining and holding all other permits or licenses required by any other governmental agency or political subdivision having jurisdiction over the collector’s operations, including but not limited to the state commission on environmental quality. The collector must be duly licensed or permitted to deposit municipal solid waste at or in a landfill regulated and approved by the proper state agency.
(Ordinance 2002-06-00462, sec. 1, adopted 6/3/02; Ordinance 2023-03-00974 adopted 3/16/2023)
(a)
All residences and households within the city shall use the solid waste and recycling collection contractor selected by the city for the collection and disposal of municipal solid waste and recyclable materials. All households within the city shall be automatically enrolled in the applicable garbage, trash and recycling collection service under contract with the city for collection of municipal solid waste and recyclable materials, and the residents thereof shall be responsible for payment of collection service fees as established by the city council.
(b)
The schedule for the collection of municipal solid waste and recyclable materials and the fees and charges for such collection shall be determined in the agreement between the city and contractor and approved by the city council.
(c)
It shall be the duty of every person owning, controlling, managing, operating, leasing, renting or occupying any premises where municipal solid waste, garbage and/or trash accumulates to:
(1)
Use polycarts provided by the city's approved contractor for garbage, trash and recyclable materials. Garbage and/or trash shall be placed within plastic or treated paper bags which shall then be placed within the appropriate approved polycart. The capacity of such polycart shall be not less than twenty (20) nor more than ninety-five (95) gallons. Each person must provide a sufficient number of such polycarts to take care of garbage and/or trash in relation to the individual needs of the users.
(2)
Maintain polycarts in a sanitary condition and keep lids on polycarts at all times to prevent flies and other insects from coming in contact with the contents.
(3)
Gather any and all garbage and/or trash from over their premises and place said garbage and/or trash in these polycarts and maintain and keep the area in and around the polycarts clean and in a sanitary condition at all times.
(4)
If curbside service is used, locate the polycarts at curbside on the street of the premises where most convenient to the collectors, no earlier than 12:00 p.m. prior to the day of scheduled collection. Such polycarts shall be removed from the curbside location and stored on private property safely away from the street no later than 12:00 p.m. on the day after scheduled collection.
(Ordinance 2002-06-00462, sec. 1, adopted 6/3/02; Ordinance 2023-03-00974 adopted 3/16/2023)
(a)
Any roll-off containers used to collect, transport, or dispose of any sold waste generated within the city shall be owned and operated by the city or any independent contractor which has been granted a franchise by the city for the collection and disposal of solid waste. It shall be the responsibility of the city or its authorized contractor to provide roll-off containers. Roll-off containers other than those owned and operated by the city or its authorized contractor shall not be allowed for the collection, transportation, or disposal of any solid waste generated within the city.
(b)
It shall be unlawful for the owner or occupant of a residential property to place or maintain a commercial roll-off container on such residential lot without first obtaining a permit from the city.
(c)
The city may issue a permit, not to exceed one hundred and eighty (180) days, for placement of a roll-off container for solid waste generated on a residential site for remodeling, reclamation or renovation of such property. Two forty-five-day extensions may be granted for any permit granted hereunder. Nothing contained herein shall preclude the placement of such container for initial construction of a residence; however, such container shall be removed at or prior to final inspection.
(d)
It shall be a defense to a prosecution under this section that such roll-off container is being utilized for a legitimate and substantial bona fide agricultural use.
(e)
It shall be unlawful for any person, other than the owners, permittee, or persons with whom they have contracted to place any refuse, brush, waste or discarded items in a container permitted under this action.
(f)
The city council shall, by resolution, establish a fee for any permit or extension thereof granted under this section.
(Ordinance 2007-01-00581 adopted 1/4/07; Ordinance 2007-02-00584 adopted 2/1/07)
(a)
Collection of bulk waste and unbundled brush up to two (2) cubic yards from residential customers shall occur on the resident's scheduled collection day for solid waste and recycling by the city's contractor. Bulk waste shall include acceptable solid waste composed of materials not easily contained in a solid waste bag such as, but not limited to white goods, furniture, brush, large electronics, and other oversized acceptable solid waste. Unbundled brush shall include untied tree, shrub and brush trimmings that cannot exceed a volume of two (2) cubic yards with no single limb greater than six (6) feet in length or weighing more than one hundred and fifty (150) pounds.
(b)
Collection of unlimited bundled brush shall occur on the resident's scheduled collection day for solid waste and recycling by the city's contractor. Bundles shall mean tied bundled tree, shrub and brush trimmings that cannot exceed four (4) feet by two (2) feet and not weigh more than fifty (50) pounds per bundle.
(c)
Unusual or excess accumulation of bulk waste and unbundled brush shall be removed at the expense of the owner, occupant or person in control of the premises.
(Ordinance 2023-03-00974 adopted 3/16/2023)
Household hazardous waste and used electronics collection shall be offered to residents as an inclusive service twice per year by the city's contractor for solid waste and recycling. Residents shall contact the city's contractor to directly request the collection service for household hazardous waste and used electronics. The city's contractor shall provide residents with instructions on how to properly package the material and when the scheduled collection will occur.
(Ordinance 2023-03-00974 adopted 3/16/2023)