For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:
Apartment.
A room or suite of rooms with cooking and washing facilities arranged or designed for or occupied by a family, including but not limited to a subordinate dwelling such as a garage apartment or a separate quarters.
Apartment house.
A building or buildings arranged or designed for or occupied by three (3) or more families.
Bulky waste.
Stoves, refrigerators, hot water heater, washer and dryer machines, furniture and other similar household waste materials.
Commercial customer.
A business customer within the corporate limits of the city and designated by the contractor as a commercial customer. These customers will be serviced with carts or containers supplied by contractor. A commercial customer must be an electric power and/or water customer of the city.
Contractor.
The person, firm or entity that the city has engaged to collect and dispose of its municipal solid waste.
Family.
One (1) or more individuals living as a single housekeeping unit.
Garbage.
All waste animal or vegetable matter such as, but not limited to, waste material and refuse from kitchens, residences, grocery stores, butcher shops, restaurants, cafes, hotels, motels, and all other putrescible substances.
Hazardous waste.
Any chemical compound, mixture, substance or article which is designated by the United States Environmental Protection Agency, or appropriate agency of the state, to be “hazardous” as that term is defined or may hereafter be defined by or pursuant to federal or state law, rule or regulation.
Hotel or motel.
A building designed for occupancy as a temporary abiding place of individuals who are lodged with or without meals.
Mobile home park.
The area containing two (2) or more mobile homes where families are residing.
Municipal solid waste.
The garbage, refuse, rubbish, solid waste, trash or yard waste generated or accumulated within the city and which the contractor is obligated to collect and dispose.
Premises.
Business houses, boarding houses, offices, theaters, hotels, restaurants, cafes, apartments, apartment buildings, schools, residences, vacant lots, and all other places within the city limits where garbage, refuse, or trash accumulates in ordinary quantities.
Recyclable materials/recyclables.
Those materials specified by the city for collection in accordance with recycling regulations. Such material may include, but not be limited to, aluminum products, clean glass containers, bi-metal containers, newspapers, magazines and periodicals, plastic containers and yard wastes. What constitutes recyclable material shall change depending upon what the city is able to dispose of through municipal recycling efforts.
Recycling.
The separation, collection, processing, recovery, and sale or reuse of metals, glass, paper, plastics and other materials which would otherwise be disposed of as solid waste.
Refuse.
Waste, rubbish, or any material of any kind that has been discarded, rejected, cast aside or thrown away as worthless, including, but not limited to, tin cans, bottles, glass, scraps of iron, tin, wire, or other metal and glass.
Residence.
Any house, mobile home, apartment or other dwelling unit, occupied by persons for living purposes. Each apartment of an apartment house shall be deemed a separate dwelling.
Residential customer.
A single-family dwelling within the corporate limits of the city. A residential customer shall be deemed occupied, when either electric power and/or water services are being supplied thereto. A residential customer must be an electric and/or water customer of the city.
Roll-off customer.
A customer requiring a specific type of open-top container generally used for construction or cleanup projects. These containers are places on site, loaded by the customer, and hauled off by the contractor with a specialized roll-off truck.
Rooming house.
A building or portion thereof other than a hotel where five (5) or more persons are lodged for compensation.
Rubbish.
All waste wood, wood products, tree trimmings, grass cuttings, dead plants, weeds, leaves, dead trees or branches thereof, chips, shavings, sawdust, printed matter, used and discarded shoes and boots, combustible waste pulp and other products, such as those used for packaging, or wrapping crockery and glass, ashes, cinders, floor sweeping, glass, mineral or metallic substances, and any and all other waste materials not included in the definition of garbage or refuse.
Solid waste.
All putrescible and nonputrescible discarded or unwanted solid materials resulting from or incidental to municipal, community, trade, business, manufacturing, recreational, or agricultural activities, including garbage, refuse, and trash.
Stable matter.
All manure and other waste matter normally accumulated in or about a stable, or any animal, livestock or poultry enclosure, and resulting from the keeping of animals, poultry or livestock.
Trash.
Rubbish, paper of all kinds, rags, old clothing, feathers, ashes, paper containers, old rubber, pieces of wood, boxes, barrels, crates, yard cleanings, yard clippings, leaves, and tree trimmings.
Two-family residence.
A detached building having separated accommodations for and occupied as a dwelling by two (2) families.
Yard wastes.
Those materials generally related to yard maintenance. Such materials may include, but not be limited to, grass clippings, bush/shrub clippings, and tree trimmings that can be readily bagged. In addition this definition may include branches that can be chipped by the city chipper and large pieces of tree trunks or branches that will not go through the chipper.
(2004 Code, sec. 6.102)
(a) 
Residential customers shall be provided carts by the contractor to hold the municipal solid waste that will normally accumulate. Additional refuse bags may be made available for sale at city hall and the transfer station/recycling facility.
(b) 
Each residential customer may use nondisposable containers of either metal or heavy plastic with a tightly fitting lid to contain municipal solid waste on the premises. Such nondisposable containers shall not exceed thirty-two (32) gallon capacity in size, not weigh more than fifty (50) pounds and may be lined with plastic bags. All municipal solid waste shall be placed in covered containers or sealed or tied bags for collection. The city may provide refuse bags to any customer at a charge.
(c) 
Large cartons and boxes, tree limbs, brush and other large and bulky trash shall be broken down and tied in bundles instead of being placed in the carts provided. Bundles and containers so placed for collection shall not exceed fifty (50) pounds in weight and four (4) feet in length. For the collection and disposal of any item or items greater in weight or length, arrangements must be made through the contractor.
(d) 
The provisions of the preceding subsections regarding requirements as to containers for garbage shall apply to refuse and trash which can readily be placed in the city-provided bags. Large cartons and boxes, tree limbs, brush, and other large and bulky trash may be broken down and tied in bundles instead of being placed in the city-provided bags. Bundles and containers so placed for collection shall not exceed fifty (50) pounds in weight and four feet (4') in length. Should the city collection service user have tree limbs or brush of greater than four feet (4') in length, these items may be placed in an area easily accessible to the city collection service crew for pickup with the brush and tree chipper. A phone call to city hall notifying the city of the location of such items will ensure more rapid collection. A separate/extra fee will be charged for collection and disposal of such extra trash.
(2004 Code, sec. 6.105)
(a) 
Suitable bulk containers for storage and collection of municipal solid waste for businesses, commercial, educational, and other nonresidential buildings or institutions will be provided by the contractor.
(b) 
Except when refuse is being loaded into the container, the lids shall be kept closed except at certain locations approved by the city manager where only trash and/or refuse is placed in the container.
(2004 Code, sec. 6.106)
(a) 
It shall be unlawful for any person to place municipal solid waste into a residential or commercial garbage container not belonging to or under the control of such person or firm, without the consent of the owner of the container or the person legally entitled to the use and possession of such container.
(b) 
Anyone found to have violated this provision shall be guilty of a misdemeanor and punished in accordance with the general penalty provision set forth in section 1.01.009 of this code.
(2004 Code, sec. 6.107)
(a) 
Residential customers.
Municipal solid waste placed in carts or other containers shall be placed at the curbside for regular collection service. In those areas where a curb has not been constructed, carts or containers shall be placed near the roadside. Municipal solid waste shall not project into the roadway in such a manner as to block or hinder vehicular traffic whether the municipal solid waste is in carts, containers or otherwise.
(b) 
Commercial customers.
Collection service will be furnished from the alleyway where the premises has access to the alley, otherwise service will be provided at curbside or at a site selected by the contractor. Containers may be placed on public property in alleys for removal by regular collection service provided they do not block or hinder vehicular traffic.
(c) 
Contractor-designated locations.
If it is not practicable to collect and remove municipal solid waste through the above subsections (a) and (b), the customer shall place carts or containers at such a point as the contractor shall find and designate to be the most accessible for collection and removal.
(d) 
Bulky waste.
Contractor shall provide for the special collection or hauling from residential customers of bulky waste, construction debris and stable matter. Also, the contractor may provide for the special collection of dead animals over ten (10) pounds at residential or commercial customers at its sole discretion and upon such terms as contractor shall specify. A customer must make arrangements with the contractor for the collection and removal of bulky waste.
(e) 
Impermissible items.
Dead animals, poisons, explosives, dangerous or corrosive chemicals, hazardous waste, clothing taken from persons with infectious diseases, heavy metals or metal parts, lumber, dirt, rocks, bricks, concrete blocks, trees, crates and other refuse from construction or remodeling shall not be placed in containers for regular collection service.
(f) 
Day and time.
The contractor, in cooperation with the city manager, shall establish the day or days for regular collection services. Carts, containers, bags and bundles shall be placed at curbside by 7:00 a.m. or at such other time or times as the contractor may specify, on the designated collection day.
(2004 Code, sec. 6.108)
(a) 
To assist in maintaining the general health and sanitation of the city, it shall be the duty of every person occupying or having the control of the occupancy of any premises within the city to accept and use the garbage services as provided by the contractor or otherwise provided by the city. Any person found guilty of violating the provisions of this section shall be fined the maximum amount allowable by law. Each day in which any violation shall occur, or each occurrence of any violation, shall constitute a separate offense.
(b) 
There shall be assessed and collected from each residential customer and commercial customer service charges for garbage, refuse, rubbish, municipal solid waste, solid waste, trash, bulky waste, or yard waste as outlined in section 13.04.007 or 13.04.008.
(c) 
All customers may purchase transfer station disposal bags, if available, at the city transfer station or other designated location. Customers using transfer station disposal bags shall deliver same to the city transfer station and shall not be assessed any other charge for disposal.
(d) 
Charges for special service request shall be determined by the contractor.
(e) 
The city shall keep books, records and accounts of all customers receiving garbage collection and disposal services, compute all charges, prepare and render statements of accounts to these customers and collect the established charges. Charges will be billed at the close of each calendar month and will appear upon the bill for electric power and/or water service. In the event a customer does not receive electric power and/or water service from the city, those customers will be furnished statements at the close of each calendar month and the bill shall be due and payable on or before the fifteenth day of the billing month. All accounts and charges for garbage, refuse, rubbish, municipal solid waste, solid waste, trash, bulky waste, or yard waste collection and disposal services shall be payable at the office of the city utilities.
(f) 
Payment of electric power and/or water service charges will not be accepted unless the charges incurred under this article are paid at the same time.
(g) 
All electric power and/or water service shall be discontinued to any residential customer or commercial customer, wheresoever they may receive such electric power and/or water service, who fails or refuses to timely pay the charges for garbage, refuse, rubbish, municipal solid waste, solid waste, trash, bulky waste, or yard waste collection and disposal services.
(2004 Code, sec. 6.109)
(a) 
Residential customers and commercial customers.
The fee for garbage, refuse, rubbish, municipal solid waste, solid waste, trash, bulky waste, or yard waste collection and disposal services provided to residential customers and to commercial customers shall be the amount that the contractor charges the city for such services plus eight percent (8%) of the amount that the contractor charges the city for such services.
(b) 
Limb and log chipping.
The city provides limb and log chipping within the city limits as follows:
(1) 
Definitions.
(A) 
Limb.
A branch of a tree, shrub or bush having a diameter not greater than four (4) inches at its largest point and no longer than five (5) lineal feet.
(B) 
Log.
A piece of timber greater than four (4) inches in diameter and not longer than five (5) lineal feet.
(2) 
Scheduling.
(A) 
The city will provide service for limb and log chipping at least once per month and as scheduled by the city policy specified by the city manager and kept on file with the city secretary.
(B) 
With a charge, a special request for limb and log chipping may be made other than the day(s) designated by policy, by making the request before noon Tuesday for service during that week.
(C) 
No request for limb or log chipping made for a location at which a commercial tree trimmer has worked will be honored. The commercial tree trimmer must be responsible for removing the limbs and logs from the location at which the work was performed.
(3) 
Costs.
(A) 
Limbs.
(i) 
Pick up is without charge once per month on the day scheduled by the city policy. Pick up requiring longer than fifteen minutes will be tagged for the customer to notify the city for special pick up.
(ii) 
The charges for a requested pick up other than the day designated by city policy constitutes a special pick up and there will be a twenty-five dollar ($25.00) charge.
Charges may be waived in the event of acts of nature such as fire, flood, earthquake, storm, hurricane or other natural disaster, but overproduction of pecans shall not be deemed an act of nature.
(B) 
Logs.
There shall be a sixty dollar ($60.00) minimum charge for up to one hour, thereafter charges are at one dollar ($1.00) per minute.
(4) 
Stacking.
(A) 
Limbs and logs must be stacked separately.
(B) 
Limbs and logs must be stacked parallel to the street. Limbs or logs stacked with the cut end facing the street will not be processed.
(c) 
Special services.
Any customer or roll-off customer requiring special services such as the collection and disposal of bulky waste or stable matter shall be negotiated between the customer and the contractor. If an agreement cannot be reached, the matter may be submitted to the city for the determination of a reasonable fee. The billing and collecting for special services shall be a matter between the customer or roll-off customer and the contractor.
(Ordinance 04-2015 adopted 5/15/15; Ordinance 02-2016 adopted 8/11/16; Ordinance 06-2022 adopted 5/13/2022)
(a) 
The schedule of rates for disposal of solid waste at the transfer station shall be established by the city manager. The rates for acceptance and/or disposal of solid waste at the transfer station shall be in relation to the costs to the city of the administration, operation, maintenance, repair, replacement and other expenses of transfer station, the cost of disposing of solid waste from the transfer station, and the overall administrative costs to the city of the transfer station.
(b) 
The schedule of rates for disposal of solid waste at the transfer station shall be kept at the transfer station and in the office of the city secretary.
(2004 Code, sec. 6.111)
(a) 
No person or firm shall engage in the business of the collection of garbage, whether for residential or commercial customers, within the city, making use of the city streets and highways therefor, other than the city’s contractor. A violation of this provision shall be deemed as being against the public health and safety of the city and upon conviction, the violator shall be fined the maximum amount allowed by law. Each day of violation shall be deemed as a separate offense.
(b) 
The following materials shall not be placed in a container of any form for collection and disposition nor shall they be placed in a container of any form for disposal at the city transfer station: hazardous, toxic or radioactive wastes or substances that are currently or in the future defined as such by applicable federal, state or local laws or regulations; human waste; human body parts; batteries; motor oil; used oil filters; flammable products; pesticides; asbestos; herbicides; poisons; burning materials; or containers for flammable products.
(c) 
Except as otherwise provided, any violation of this section is a class C misdemeanor punishable by fine in accordance with the general penalty found in section 1.01.009 of this code.
(2004 Code, sec. 6.112)