This division shall be known as the solid waste disposal regulations
of the city. It is the intent of this division to be in conformity
with the laws of the state and the rules and regulations of the department
of state health services and the state commission on environmental
quality.
(1998 Code, sec. 11.901)
The following words, terms and phrases, when used in this division,
shall have the meanings [given] to them in this section, except where
the context clearly indicates a different meaning:
The solids after the liquid has been drained off.
Dry kitchen refuse, all meat, vegetable and fruit refuse,
small dead animals and dead fowl from any premises within the city
limits.
Shall mean both singular and plural and shall mean and embrace
any person, firm, or corporation and their agents, servants, tenants,
and employees.
Business houses, boarding houses, offices, theaters, hotels,
restaurants, cafes, eating houses, tourist camps, apartments, sanitariums,
rooming houses, schools, private residences, vacant lots and all other
places within the city limits where garbage, trash or rubbish accumulates
in ordinary quantities.
Pronouns in the masculine gender shall include the corresponding
word in the feminine or neuter gender.
Any house, trailer house, apartment or other dwelling unit
occupied by persons for living purposes. Each apartment or duplex
apartment of an apartment house shall be deemed a separate residence.
Includes the term “rubbish,” such as tin cans,
bottles, glass, scraps of iron, tin, feathers, coffee grounds, ashes,
paper bags, paper of all kinds, rags, old clothing, paper containers,
old rubber, pieces of wood, boxes, barrels, crates, metal of any kind,
glass, newspapers, magazines, and other such paper products, grass
clippings, tile, plaster, rocks, feathers, weeds, tree limbs, and
other such substances from any premises within the city limits.
(1998 Code, sec. 11.902)
(a)
Failure by any person to comply with any requirement of this division
shall be a violation hereof. Any person who violates any of the provisions
of this division shall be deemed guilty of a misdemeanor and, upon
conviction thereof, shall be fined in accordance with the general
penalty provision, defined as: “Whenever in this code or in
any ordinance of the city any act is prohibited or is made or declared
to be unlawful, an offense or a misdemeanor, or whenever in such code
or ordinance the doing of any act is required or the failure to do
any act is declared to be unlawful, where no specific penalty is provided
therefor, the violation of any such provision of this code or ordinance
shall be punished by a fine not exceeding $2,000.00 for violations
of all such rules, ordinances and police regulations that govern fire
safety, zoning or public health and sanitation, including dumping
of refuse, nor exceeding $500.00 for all other violations.”
Each day any violation of any provision of this code or of any ordinance
shall continue shall constitute a separate offense.
(b)
In the case of any violation of any of the terms and provisions of
this division, the city, in addition to imposing the penalties above
provided, may institute any appropriate action or proceedings in any
court having proper jurisdiction to restrain, correct or abate such
violation, and the definition of any violation of the terms of this
division as a misdemeanor shall not preclude the city from invoking
the civil remedies given it by the laws of the state, but same shall
be cumulative and subject to prosecution as hereinabove prescribed
for such violation.
(1998 Code, sec. 11.909)
It shall be unlawful for any person to sweep, haul, throw or
deposit any garbage, trash, dirt, concrete, rocks, brick, plaster,
tile, stagnant water or dead animal into, upon, or along any drain,
gutter, alley, sidewalk, parkway, street, or vacant lot, or upon any
public or private premises within the corporate limits of the city.
(1998 Code, sec. 11.903(a))
Heavy accumulations, such as bricks, broken concrete, lumber,
ashes, cinders, dirt and plaster, or sand or gravel, automobile frames,
metal or tin, and other bulky, heavy material, and dead animals shall
be disposed of at the expense of the owner or person controlling same.
(1998 Code, sec. 11.903(b))
Manure from cow lots, horse stables, poultry yards, and pigeon
lofts and waste oils from garages or filling stations shall be disposed
of at the expense of the party responsible for the same under the
direction of the designated official.
(1998 Code, sec. 11.903(c))
(a)
Required.
It shall be the duty of every person owning,
managing, operating, leasing or renting any premises or residence
or any place where kitchen garbage accumulates to provide portable
garbage cans, including galvanized iron, tin, plastic or other suitable
material with two handles and a tightfitting cover or plastic bags
not over 32 gallons. Such person shall provide a sufficient number
of garbage containers to accommodate their own garbage.
(b)
Standards.
Each of such owners, occupants, tenants,
or lessees described in the preceding subsection shall provide an
adequate number of suitable metal containers, or of other suitable
material approved by the city council, for garbage and trash, which
must be substantially constructed, watertight, and of a solid and
durable grade of metal or plastic of not less than twenty (20) nor
more than thirty-two (32) gallons capacity, and the combined weight
of the container and the contents shall not exceed one hundred (100)
pounds. The container shall be provided with suitable lifting handles
on the outside and a close-fitting metal or other approved cover with
a handle. The container must not have any inside structures such as
inside bands or reinforcing angles or anything within the container
to prevent the free discharge of the contents. Containers that have
deteriorated, or that have been damaged to the extent of having jagged
or sharp edges capable of causing injury to city collectors or other
persons whose duty it is to handle the containers, or to such an extent
that the covers will not fit securely, will be condemned by the city,
acting through its appointed agent, and if such containers are not
replaced after notice to the owner or user of their defective condition
they shall be confiscated or, alternatively, not serviced, and the
owners shall be deemed guilty of a misdemeanor.
(c)
Lids to be kept secure and fastened.
The lids or covers
of all garbage and trash containers shall at all times be kept secure
and fastened so that flies and other insects may not have access to
the contents thereof. Such lids or covers shall only be removed while
the containers or receptacles are being filled or emptied, as the
case may be.
(d)
Placement for collection.
Garbage containers, boxes,
sacks or trash, rubbish and tree limbs prepared pursuant to this division
shall be placed within five feet of the property line at the edge
of the alley where there is no fence; where there is a back fence,
the garbage cans, boxes, or sacks of trash, rubbish and tree limbs
shall be placed against the outside of the fence. In the event it
is not practicable to collect and remove garbage and trash from an
alley, or if there is no alley adjacent to the premises, the owner,
occupant, tenant, or lessee of the premises shall place the container
for collection so that the collector shall not be required to go more
than forty (40) feet beyond the collection vehicle for the purpose
of collection; nor shall the collector be required to service containers
situated within a fence unless such containers can be easily removed
by the collector without going inside of such fenced area. In no event
shall the collector be required to enter buildings, garages, breezeways,
carports, or other structures to make collections. No container shall
be placed either for storage or collection at a point nearer the street
than the front of each principal building, house, dwelling unit, or
structure concerned. In the event it is not practical to place the
containers for collection as above specified, the authorized city
inspector shall determine the location of the containers. The city,
by notification, may require the kitchen garbage, trash and rubbish
shall be placed on the curbline instead of the alley.
(e)
Duty to see that receptacles are emptied.
Every owner,
occupant, tenant, or lessee of a house or building used for residential,
public, business, or commercial purposes is required to maintain constant
supervision and surveillance over the garbage and trash cans and receptacles
servicing his premises.
(1998 Code, sec. 11.904)
(a)
Placement in container.
It shall be the duty of every
person owning, managing, operating, leasing or renting any premises
to place all trash and rubbish from the premises in boxes, sacks or
other receptacles of reasonable size, provided that the gross weight
does not exceed fifty (50) pounds.
(b)
Collection of trash not in container.
In the event trash
is of such a nature that it cannot be put in the regulation containers,
it shall be placed in disposable containers or in neat and orderly
piles, and placed adjacent to the alley or on the edge of the alley,
in order that it may be removed conveniently. Tree limbs and hedge
clippings shall not exceed four (4) feet in length, and no single
tree limb, stump, or cutting shall exceed one hundred (100) pounds
each. Trash collected under this subsection shall not exceed two (2)
cubic yards by volume or a single truck load, whichever is the greater,
on any one collection day. Provided, however, that it shall be unlawful
for any person to place trash in an alley or street so as to place
trash in an alley or street [sic] so as to obstruct or hamper vehicular
or pedestrian traffic.
(c)
Draining and wrapping of garbage and trash.
All garbage
and trash that is mixed with water or other liquid shall be thoroughly
drained before being put in garbage and trash cans or receptacles
for collection. All animal matter that is subject to decomposition
shall be well wrapped in paper or other combustible material before
being deposited in such container or receptacle.
(d)
Unauthorized use of container.
No person shall cast,
place or deposit any trash, garbage, rubbish, refuse, kitchen garbage,
dry kitchen refuse or ashes into any residential or commercial refuse
container without the effective consent of the owner, tenant, lessee
or occupant of the premises upon which such container is located.
(e)
Placement in street or alley.
The placing of kitchen
garbage, trash or rubbish or any article, thing or material in any
street within the city limits is prohibited, and when placed in an
alley it must be within five feet of the property line.
(f)
Burning prohibited.
The disposal by fire, burial or
otherwise of kitchen garbage, trash or any kind of rubbish in any
place within the city limits is prohibited.
(g)
Dead animals.
Dogs, cats, or any other dead animals
shall not be placed in garbage or trash containers. The dead animal
pickup service of the city will, upon notice do so, remove such small
dead animal.
(h)
Waste from building, lot cleanup or clearing operations.
Rock, dirt, concrete, brick, tile, plaster, waste, scrap building
materials, or other trash resulting from construction or major remodeling,
resulting from a general cleanup of vacant or improved property just
prior to its occupancy, or resulting from sizable amounts of trees,
brush, and debris cleared from property in preparation for construction
will not be removed by the city as regular service. The owner will
have such debris removed at his expense.
(i)
Tree and shrub trimmings.
It shall be the duty of any
person employing, engaging, or otherwise paying a contractor, student,
professional tree trimmer or any other person to trim and prune his
trees or shrubs to have the trimmings and debris removed at the owner’s
expense. The city will not remove trimmings and debris created by
such persons as regular service.
(j)
Oily waste.
Waste oils, and oily wastes containing solids,
from garages, gasoline stations and carwash installations shall be
disposed of at the expense of the party responsible for same under
the direction of the official of the city in charge of garbage disposal.
No oil or oily waste shall be discharged into the sanitary sewer,
the storm sewer or a waterway.
(1998 Code, sec. 11.905; Ordinance
adopting Code)
The meddling with garbage containers, trash or rubbish receptacles
or in any way pilfering, scattering contents or junking in any alley
or street within the city limits is prohibited.
(1998 Code, sec. 11.906)
The charges and billing procedure for solid waste collection
are on file in the city secretary’s office and the customer
service division of the finance department.
(1998 Code, sec. 11.907)
The collection, removal, and disposal of all garbage and trash
shall be made at least once each week from houses, buildings, and
premises used for residential purposes and places of business as weather
conditions and other uncontrollable factors will permit.
(1998 Code, sec. 11.908)
(a)
Permit required.
No person or company shall collect
any solid waste within the limits of the city without first having
obtained from the city council, under the provisions of this division,
a written permit or contract for such purpose; provided, however,
that nothing herein shall prevent persons from disposing of their
own solid waste individually, provided, if such is done, that it is
done within the terms of this division.
(b)
Application for permit.
Application for a permit to
collect any solid waste within the city limits shall be made in writing
to the city council and shall set forth the name, address and telephone
number of the applicant, the trade name, if any, under which he proposes
to do business, the number, kind and size of the vehicles the applicant
proposes to operate, the nature and character of service that the
applicant proposes to render, rates to be charged for such service,
location of dumping grounds, and the applicant’s financial ability
to respond in damages in the event of injury to person or persons,
or damage to property, by reason of negligence of employees or negligent
operation of motor vehicles.
(c)
Insurance; bond.
All applicants receiving a permit or
signing a contract with the city to collect solid waste within the
corporate limits of the city shall be required to furnish a good and
sufficient contract bond in such amount as may be required by the
city council to indemnify the city for any and all damages sustained
by the city growing out of or by reason of a breach of any agreement
or the provisions of any contract or permit issued, and shall further
furnish the city certificates of insurance in such amount as may be
required by the city council designating therein the city as coinsured,
indemnifying the city for any and all damages that may be sustained
by reason of injury to persons or damage to property due to negligence
of the contractor or permittee or his employees, or negligent operation
of motor vehicles operated by said contractor or permittee or his
employees.
(1998 Code, sec. 11.910)
