For the purpose of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:
Brush.
Any tree trimmings, weeds, hedge trimmings, and trees cut in lengths not to exceed three (3) feet in length or fifty (50) pounds in weight.
Commercial/industrial solid waste service.
Any service provided by any person to collect, for a fee, refuse, garbage, trash, solid waste, junk, building waste, class I nonhazardous solid waste, industrial waste, hazardous waste, special waste, and/or yard waste from commercial or industrial businesses.
Dry refuse.
Any tin cans, paper, or dry trash, and in no event shall it be construed to include kitchen or other garbage, refuse or rubbish which will cause noxious odors and disagreeable smells.
Garbage.
Any rubbish, trash, kitchen and household waste, paper, food containers and lawn trimmings.
Person.
Any person, firm, partnership, association, corporation, company, or organization of any kind.
Private waste hauler.
A person, firm, partnership, association, corporation, company, or organization that engages in the collection and/or disposal of solid waste for a fee.
Refuse bag.
Any plastic or paper bag container that is designed and sold for the purpose of placing garbage, trash or refuse in it for disposal.
Residence.
Any structure intended for the use and occupancy as a one-family dwelling unit.
Town contractor.
Any contractor that the town may enter into a contract with to perform garbage collection services.
(Ordinance 365 adopted 4/8/02; 2006 Code, sec. 6.401)
Every resident and business establishment within the town shall be required to use the town’s or its contractor’s collection service and pay the garbage collection fee. It shall be unlawful for any person engaged in the removal, handling, transfer, or in any manner dealing with garbage, rubbish, manure, refuse or other waste matter, either in person or by his agent, employee or servant, to separate, unload, offer for sale, trade, or exchange all or any part of such garbage, rubbish, waste, manure, refuse or other waste material, within the jurisdiction of the town, except in the manner and at places designated by and in compliance with this article.
(Ordinance 365 adopted 4/8/02; 2006 Code, sec. 6.402)
(a) 
The town currently contracts the removal of residential and commercial refuse. Rates for such service will be determined in accordance with service contracts approved by the town council. Affixing of such rates for service charges and the approved fee structure shall be referenced to applicable town council minutes for billing purposes.
(1) 
Residential collection.
All garbage and dry refuse deposited in the containers situated at private residences shall be emptied or removed from the premises by the town contractor weekly.
(2) 
Commercial collection.
Specifications for commercial collection will be determined on a case-by-case basis in accordance with the service contracts approved by the town council.
(b) 
The charges to be fixed under the terms and provisions of this section shall be a charge against the owner, occupant or lessee of the premises and the amount so fixed shall be collected through the water department, monthly, as water charges are collected. Water service will be discontinued for failure to pay the charges herein established in the manner as it is discontinued for failure to pay water or sewer charges, and the failure to pay the charges herein established shall subject the customer to the same penalty as prescribed for failure to pay water and sewer charges. Any person making application for water service shall be deemed to have applied for garbage service and shall be considered a customer until such time as water service to such person has been discontinued.
(Ordinance 365 adopted 4/8/02; 2006 Code, sec. 6.403)
Specifications for commercial containers will be determined on a case-by-case basis in accordance with the service contracts approved by the town council.
(Ordinance 365 adopted 4/8/02; 2006 Code, sec. 6.404)
Each residential owner, occupant, tenant or lessee receiving refuse collection service shall provide suitable leakproof refuse containers for garbage and trash of not more than thirty-two (32) gallon capacity, constructed with substantial material and maintained in good condition with a tightfitting lid or cover. These containers are to be used for storage of household garbage and refuse. The weight of a container and its contents shall not exceed sixty (60) pounds. When containers deteriorate so as to become hazardous or non-leakproof, they shall be replaced. Plastic or paper bags designed specifically as disposal refuse containers are to be used for the disposal of household garbage and refuse and placed at the curb-side adjacent to the dwelling place. Curb-side refers to that portion of the right-of-way adjacent to paved or traveled town roadways (including alleys). The plastic or paper bags shall be weather-proof, of sufficient strength to resist tearing under normal handling, and tied or crimped securely when placed for collection. The town manager or his authorized representative shall have the authority to require substitutions when he or his representative decides that the type of bags used are inadequate for the intended service.
(Ordinance 365 adopted 4/8/02; 2006 Code, sec. 6.405; Ordinance adopting 2021 Code)
All brush to be collected shall be placed at the curb line, but shall not in any way block any sidewalk, alley or street. Brush shall be tied securely in bundles not to exceed three feet (3') in length and weighing more than fifty (50) pounds or placed in a throw-away container. If the customer wishes to retain the container, he must so tag the container.
(Ordinance 365 adopted 4/8/02; 2006 Code, sec. 6.406)
Rock, waste, scrap, building materials, or other trash resulting from construction, or major remodeling resulting from a general clean-up 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 town as regular service. The owner will have such debris removed at his expense.
(Ordinance 365 adopted 4/8/02; 2006 Code, sec. 6.407)
(a) 
It shall be unlawful for any person, firm or business to place or throw or permit to accumulate in any manner as to emit noxious, disagreeable or offensive smells, or permit or cause to be placed or thrown any garbage, brush, loose waste or refuse of any kind, on public or private property outside of any house or building in the town, unless the same has been deposited in accordance with the provisions of this article or any other ordinance of the town pertaining to littering or nuisances.
(b) 
The following acts, among others, are declared to be unlawful and in violation of this article, and are declared to be trespasses and subject to penalties prescribed in this code, but such enumeration shall not be deemed to be exclusive:
(1) 
The throwing, placing, dumping, or depositing of any garbage, refuse, or animal or vegetable waste matter of any kind on or in any gutter, street, sidewalk, parkway, driveway, curb, alley, or any other public property of the town or in or any lot, vacant or occupied, driveway or other private property in the town.
(2) 
To cause or permit to be or remain in or upon any premises, private or public, any animal, vegetable or mineral matter, or any composition or residue thereof, which is in an unsanitary condition or injurious to public health.
(Ordinance 365 adopted 4/8/02; 2006 Code, sec. 6.408)
Manure from cow lots, horse stables, poultry yards, or pigeon lofts, and waste oils from garages or service stations, shall be disposed by and at the expense of the party responsible for same. Industrial wastes from manufacturing or processing operations including wastes from fruit and vegetable produce houses, poultry dressing establishments, meat processing and meat packing plants must be disposed of by the owner or occupant of the building, business, or premises where such wastes originate. Carcasses of dogs, cats or other dead animals shall not be placed in garbage containers.
(Ordinance 365 adopted 4/8/02; 2006 Code, sec. 6.409)
It shall be unlawful for any person to meddle or tamper with any garbage can or receptacle, or any trash or rubbish receptacle, or to scatter the contents thereof in any street, alley, sidewalk or premises in the town.
(Ordinance 365 adopted 4/8/02; 2006 Code, sec. 6.410)
(a) 
Where alleys are used by collecting trucks, containers shall be placed on the alley line and must not be so placed as to intrude upon the traveled portion of the alley. If a fence without a gate separates an alley from the yard where containers are located, a platform for the containers shall be so constructed that its top shall be level with and adjoining the top of the fence. All such platforms must be constructed entirely back of the property line and no part of same may be in the alley.
(b) 
As soon as practicable after containers have been emptied they shall be removed to a place screened by brick and masonry from view by public thoroughfare traffic and shall remain there until the next prescribed time for setting them out for collection.
(Ordinance 365 adopted 4/8/02; 2006 Code, sec. 6.411)
It shall be unlawful for any person, firm or corporation to move, haul or transport garbage, trash or rubbish upon any street or highway in the town unless such person shall transport the same in containers or vehicles in such a manner as to prevent the falling or blowing of the garbage, trash or rubbish from such vehicle onto the street or highway.
(Ordinance 365 adopted 4/8/02; 2006 Code, sec. 6.413)
(a) 
No person, except employees of the town or duly authorized contractors of the town, shall operate a commercial or industrial solid waste service, nor a truck or other motor vehicle designed for commercial or industrial solid waste service, upon the streets of the town.
(b) 
Only the duly authorized agents, contractors or employees of the town shall collect refuse, empty refuse containers or transport refuse, garbage or trash on the streets, alleys or public thoroughfares of the town, with the exception that town residents and businesses and industrial firms that use a vehicle rated less than one ton to haul their own refuse shall be permitted to collect, remove and dispose of garbage, trash and rubbish and charitable organizations shall be permitted to gather clothes and other salvageable materials.
(Ordinance 365 adopted 4/8/02; 2006 Code, sec. 6.414)
Any person violating any of the provisions of this article shall be deemed guilty of a misdemeanor and upon conviction shall be fined in accordance with the general penalty provision in section 1.01.009 of this code. Each and every day the violation exists shall constitute a separate offense.
(Ordinance 365 adopted 4/8/02; 2006 Code, sec. 6.415)