(Ord. of 03-18-2004; Ord of 04-08-04; Ord. of 3-22-76, § 32A(II); 03/18/2004; Ord. of 9/21/2004)
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
(a) 
Acceptable waste means and includes:
(1) 
Solid waste.
Rubbish, garbage, and other discarded materials with insufficient liquid content to be free flowing, but excludes solids or dissolved materials in domestic sewage or other water pollutants.
(2) 
Garbage.
All waste, animal, fish, fowl, fruit or vegetable matter produced or resulting from the use or storage of food.
(3) 
Rubbish.
Domestic solid, combustible and incombustible waste other than garbage.
(4) 
Ordinary commercial waste.
General and usual waste that accumulates on the premises of any grocery, market, store, restaurant or other such like small business enterprise operating for profit, and not exceeding seven (7) fifty-five (55) gallon size not to exceed fifty pounds (50 lbs) each. Each barrel shall contain the name of the business and the address of the business. The letters in each barrel shall be visible from a distance of ten feet (10’).
a. 
Each commercial building shall not have more than ten (10) fifty-five (55) gallon barrels placed out for collection per week. The building owner will be subject to a fine in accordance with Section 1-8 of the Revised Ordinances of the City of Everett for any additional barrels placed out for collection.
(5) 
Garden and lawn waste.
Includes grass, leaves, brush, tree trimmings, and vine or shrub trimmings not amounting to tree waste.
(b) 
Non-acceptable waste means and includes:
(1) 
Bulk means any one item larger than one (1) cubic yard and weighing not more than fifty pounds (50 lbs).[1]
[1]
Editor’s Note: In 16-51(b)(1), the word “not” was removed before the word “more” during codification to conform to the original intention of the ordinance.
(2) 
Extraordinary commercial waste.
Waste as defined and set forth in (4) above in excess of five (5) barrels or the equivalent thereof each week.
(3) 
Motor vehicles and large machinery.
Any abandoned, junked or inoperative motor vehicle, motor vehicle parts or other large machinery.
(4) 
Building and construction waste.
Discarded materials resulting from or non-usable in the construction, alteration, or repair of structures including, but not limited to: stones, plaster, brick, excavated earth, concrete, lathing, roofing materials, siding materials, lumber, and structural materials, chain link fences, fence posts, plumbing fixtures, masonry debris and electrical debris.
(5) 
Animal remains.
The carcass of any dead animal.
(6) 
Industrial waste.
Wasted materials from factories, processing plants, and other manufacturing enterprises.
(7) 
Tree waste.
Tree stumps, trunks or limbs which exceed five (5) inches in diameter or forty-eight (48) inches in length.
(8) 
White Goods.
Includes items such as, but not limited to, washing machines, clothes dryers, hot water heaters, air conditioners, large household or office furniture and commercial equipment.
(Ord. of 3-22-76, § 32A(I); A0173-12)
(a) 
The occupant or occupants of every single-or two-family dwelling, the owner or agent of every dwelling housing more than two (2) families, and the owner or operator of any business enterprise, shall remove non-acceptable waste at sufficiently frequent intervals to prevent a nuisance as may be determined by the city services commission or its designee.
(b) 
The occupant or occupants of every single-or two-family dwelling, the owner or agent of every dwelling housing more than two (2) families, and the owner or operator of any business enterprise shall, whenever waste accumulates, provide, keep clean and in good repair proper and sufficient containers for the storage of solid waste.
(Ord. of 3-22-76, § 32A(III); A0173-12)
(a) 
Non-acceptable waste to be collected by private collectors or to be collected and removed by an occupant, owner, owner’s agent, or operator shall be stored, handled and placed for collection in a manner as to prevent a nuisance as determined by the city services commission or its designee. Such waste shall not be placed or stored on any public street or way except by permission of the city services commission or its designee under such reasonable terms as the city services commission or its designee shall determine.
(b) 
Private collectors of solid waste may collect acceptable and non-acceptable waste within the city subject to the rules and regulations issued by the city services commission and any applicable provisions of the General Laws.
(c) 
When the executive director of city services or his designee refuses to remove solid waste for just cause, the occupant, owner, owner’s agent, or operator responsible under the provisions of section 16-53(b) shall remove the same forthwith at no expense to the city.
(Ord. of 3-22-76, § 32A(IV); A0173-12; A0266-08)
(a) 
Acceptable solid waste and recyclable materials shall be placed in suitable containers at the outer edge of the sidewalk appurtenant to the premises of the occupant or owner not later than 7:00 a.m. on the day of scheduled collection, and not earlier than sunset of the day preceding the day of scheduled collection. Reusable solid waste containers and recycling containers shall be removed from the sidewalk after collection as soon as possible but in no case later than 12:00 midnight of the day of scheduled collection.
(1) 
No waste or recycling container placed out for collection shall extend beyond the boundaries of the property line abutting the sidewalk as to obstruct the walkway on the sidewalk.
(b) 
Acceptable solid waste shall be collected in accordance with a schedule published by the city services commission.
(c) 
No person shall willfully or maliciously tip over or spill the whole or any part of the contents of any container, holding rubbish.
(Ord. of 3-22-76, § 32A(V); Ord. of 12-28-2000; Ord. of 03-18-2004; A0173-12)
(a) 
The city services commission shall adopt, revise, revoke and enforce rules and regulations governing the management of solid waste and the administration of this article.
(b) 
Any person who shall fail to comply with the provisions of this article will be subject to a fine in accordance with Section 1-8 of these Revised Ordinances of the City of Everett.
(c) 
The city services commission or its designee shall periodically inspect all phases of the municipal solid waste management system within and without the city.
(Ord. of 7-19-82, § 1; Ord. of 3-14-88)
(a) 
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
(1) 
Contractor means the person owning or having legal title to a dumpster.
(2) 
Dumpster means any receptacle used for the collection and storage and transportation of rubbish, garbage, offal and other substances and materials, with a lid or covering satisfactory to the enforcing agencies.
(3) 
Owner means that person having title to the land upon which the dumpster is located, the permit holder and representatives of the permit holder, or his designee who resides on the premises where a dumpster is located. The name and address of the owner and designee shall be on file in the Board of Health Office.
(Ord. of 7-19-82, § 2)
Each dumpster must be located at a distance from the lot line so as not to interfere with the safety, or destruction of the curb and sidewalk, convenience or health of abutters and residents and public, and location of dumpsters shall be subject to approval of the Board of Health and the Fire department.
(Ord. of 7-19-82, § 3)
All dumpsters in residential areas shall be covered with a screen. When deemed necessary by an enforcing agency it shall be required that a dumpster site be enclosed or screened by the owner or his authorized agent.
(Ord. of 7-19-82, § 4)
(a) 
No dumpster shall be filled between the hours of 11:00 p.m. and 7:00 a.m., in or upon residential property.
(b) 
All dumpsters on commercial property shall be filled prior to the close of the working day, but not later than 6:00 p.m., unless special circumstances are shown to the enforcing agencies who then, at their discretion, may grant an extension of time.
(c) 
All dumpsters must be covered and secured at all times, except during the actual filling thereof.
(Ord. of 7-19-82, § 5)
(a) 
Each dumpster shall be of sufficient size and capacity, shall not be filled to overflowing and avoid noisome odors. he owner or his agent utilizing the dumpster service must take appropriate action to immediately cause the dumpster to be empty of its contents when full.
(b) 
The Board of Health may refuse an annual license or temporary permit, if in its discretion, the size or capacity of the dumpster does not fulfill the requirements of the board.
(Ord. of 7-19-82, § 6; Ord. of 3-14-88; A0173-12)
(a) 
Each dumpster shall be situated so as not to obstruct the view of flowing traffic. No dumpster shall be placed or parked on a public way.
(b) 
If, in the opinion of the Board of Health, the primary department responsible for issuing permits, and the concurring approval of the following departments; city services, Police department, and Fire department, that a condition exists requiring the temporary placement of a dumpster on a public way, then a temporary permit may be issued.
(1) 
If a temporary permit is issued for parking a dumpster on a public way, then such dumpster shall be clearly illuminated at night by lights or reflective materials.
(2) 
The Police Chief, or his designee, may require additional illumination.
(c) 
The Police Chief or his designee are hereby given authority to remove a dumpster from a public way that does not meet the requirements of this division or presents a threat to public safety.
(1) 
The cost of removal and storage of the dumpster shall be paid by the owner as defined in section 16-71.
(Ord. of 7-19-82, § 7; amended C0369-16)
(a) 
It shall be the responsibility of the owner as defined in Section 16-71 to:
(1) 
Maintain the dumpster area free of odors, scattered debris, overflowing and all other nuisances;
(2) 
Clean and disinfect said containers as needed with a minimum of three times a year on April 30th, July 30th, and October 30th;
(3) 
Deodorize dumpster when emptied or as directed by order of the Board of Health;
(4) 
Maintain covers and gates in proper working order;
(5) 
Bait around perimeter of dumpster if required by the Board of Health;
(6) 
Submit a maintenance plan for said dumpsters to the Health Department with said permit;
(7) 
Make maintenance records readily available for review by inspectors.
(b) 
An owner notified of a violation of any of the foregoing offenses, shall within 12 hours of notification cause the offense to be remedied or shall be in violation of this chapter.
(Ord. of 7-19-82, § 8; Ord. of 3-4-99; amended C0035-18)
(a) 
An owner as defined in section 16-71 shall be required to have a plot plan showing location of dumpster and permit from the Board of Health for each dumpster in use upon his property.
(b) 
All permits shall expire at the end of the calendar year in which they were issued, but may be renewed each year on application as herein provided.
(c) 
There shall be a fee schedule for properties that require dumpsters to be located on premises, as follows:
(1) 
Properties consisting of less than eight units: $100.00 per dumpster per year.
(2) 
Properties consisting of eight units or more: $125.00 per dumpster per year.
(3) 
Commercial properties: $150.00 per dumpster per year.
(Ord. of 7-19-82, § 9; Ord. of 3-4-99; amended C0035-18)
(a) 
No contractor shall supply a dumpster service in the city for the purpose of storage, removal or transportation of rubbish, garbage, offal and other materials and substances without first obtaining a permit from the board of health.
(b) 
All permits shall expire at the end of the calendar year they are issued, but may be renewable upon application annually as herein provided.
(c) 
The permit shall cost $100.00 for the year in which it is are issued and shall be payable upon the issuing of the permit.
(Ord. of 7-19-82, § 10; Ord. of 3-4-99; amended C0035-18)
(a) 
Temporary dumpster permits (roll-off or gondola type) will be issued to an owner for a period of time not to exceed thirty (30) days, in connection with construction, demolition, fairs, carnivals or for other similar temporary needs.
(1) 
Such permit may be renewed for an additional thirty (30) days as the need requires and upon proper application.
(b) 
The owner shall comply with all the provisions of this division which are applicable to the operation of the dumpster.
(c) 
There shall be a fee of $50.00 payable upon the issuing of the permit and $50.00 fee for each renewal thereof.
(Ord. of 7-19-82, § 12)
The emptying of the contents of the dumpster or its removal shall not commence before 7:00 a.m. nor continue after 6:00 p.m.