(a)
Generally.
All containers and receptacles, except plastic
bags, shall be watertight and of a solid or durable grade of noncorrosive
metal or other suitable material approved by the city, to have a capacity
of not less than ten (10) gallons nor more than thirty (30) gallons,
and the combined weight of any such container and the contents thereof
shall not exceed seventy-five (75) pounds. Any such container shall
be at all times provided with a suitable lifting handle or handles
on the outside thereof and a close-fitting metal or other cover approved
by the city equipped with a handle. Such container shall not have
any inside structures such as inside bands or reinforcing angles or
anything within such container to prevent the free discharge of the
contents thereof. Any container which has deteriorated or been damaged
to the extent of having jagged or sharp edges capable of causing injury
to garbage collectors or other persons or to such an extent that the
cover thereof does not fit securely will be condemned by the city,
and if such container is not replaced within a reasonable time after
such notice to the owner or user thereof of such defective condition,
the same shall be confiscated by the city. Underground garbage or
rubbish containers are prohibited for use within the city.
(b)
Plastic containers or bags.
Plastic containers or bags
designed specifically as disposal refuse containers may be used for
disposal of household garbage, rubbish and trash or other waste material
where curbside collection is selected. Plastic containers or bags
shall be constructed of sufficient thickness and strength to prohibit
the escape of materials therein when lifted, and such refuse containers
shall be subject to approval by the city. Such containers shall be
secured in such a manner that will protect them from dogs, cats, or
other animals until the time of placement for collection or removal,
as specified hereinafter.
(1990 Code, sec. 4.710)
Unless provided by a person, firm or corporation having a contract
or franchise with the city for the collection and disposal of solid
waste, it shall be the duty and responsibility of every owner, agency,
lessee, tenant or occupant of any residence within the city where
persons reside, board or lodge, or where food or animal or vegetable
matter is prepared or served, or any private residence, or any business
or industrial establishment, to provide and maintain for any such
premises and at all times to maintain in good repair sufficient containers
for the deposit of garbage, refuse, rubbish, trash or other solid
waste for collection by the person, firm or corporation having a contract
or franchise therefor.
(1990 Code, sec. 4.711)
(a)
Curbside service.
If curbside service is selected, then
it shall be the duty and responsibility of the owner, occupant or
other solid waste customer within the city to place or cause to be
placed for removal all garbage, trash, rubbish, refuse or other solid
waste in approved containers or receptacles which shall be watertight
and within three feet (3') of a curbline or street right-of-way abutting
such premises for the removal thereof no later than 7:00 a.m. on the
day for removal and no earlier than 5:00 p.m. of the day prior to
the scheduled day of removal.
(b)
Tub-out service.
For those customers who select the
option of tub-out collection service, it shall be the duty and obligation
of the owner, occupant or person in possession of every residence,
and the owner or person in charge of or having control over any business
or industrial establishment within the city, to place, or cause to
be placed, all solid waste containers and receptacles serving any
such premises, for the purposes of the removal of the contents thereof,
at the place, time and in the manner as shall be directed by the city.
Where there has been no such direction, such containers shall be placed
at some location upon the premises so as to remain relatively inconspicuous
to persons traveling upon and using the public streets, highways,
roads and alleyways within the city. It shall be unlawful for any
person to place any such container in any public street, highway,
road or alleyway within the city, and, in all cases where such solid
waste is to be collected from an alleyway, such containers shall be
placed entirely within the lot line of such premises and adjacent
to, but not in, the alleyway. In the event such containers are behind
a fence without a gate permitting reasonable access by garbage collectors
to such containers, a platform for such containers must be so constructed
that the top of the containers will be level with the top of the fence.
All such platforms shall be constructed entirely within the property
line of the premises and not within any alleyway.
(c)
Placement of brush, rubbish and bulky waste for collection.
It shall be the duty of a residential customer to place curbside,
by 7:00 a.m. on designated days for collection, any brush, rubbish
or other bulky waste items not collected by the normal garbage collection
service. Any item(s) placed for collection must be able to be lifted
and loaded by two (2) people in no more than five (5) minutes. This
service shall be provided on a biweekly basis on day(s) designated
by the franchisee at no extra charge.
(1990 Code, sec. 4.712; Ordinance 09-069 adopted 9/22/09)
The contents of all containers shall be protected so that the
contents cannot be blown out and scattered over the streets, alleys
and premises within the city.
(1990 Code, sec. 4.713)
Prior to 8:00 a.m. of the next business day after the scheduled
day of removal of solid waste from the containers of any church, business
or industrial establishment within the city, the owner or person in
charge of or having control over such containers shall remove the
same from the curbline or alleyway entrance to a place within said
establishment or to a place until the next regular scheduled time
for collection. Residents shall move their container behind the front
building line prior to 8:00 a.m. of the day after the scheduled day
of removal.
(Ordinance 09-069 adopted 9/22/09)
It shall be unlawful for any person, firm or corporation, except
agents, servants or employees of the city charged with such duty and
responsibility or agents, servants or employees of the person, firm
or corporation having a contract or franchise with the city for such
purpose, to remove from any solid waste container or other receptacle
any garbage, trash, refuse or other solid waste material of any kind
or any way interfere with any such container or receptacle; provided,
however, the provisions of this section shall not apply to any owner
or occupant of premises on which any such container or receptacle
is located.
(1990 Code, sec. 4.706)
It shall be unlawful for any person, firm or corporation to
place or caused to be placed in any solid waste container or receptacle
within the city any garbage, trash, refuse or other solid waste without
first having obtained the consent of the owner, agent, lessee, tenant,
or occupant of any residence, business, commercial or industrial establishment
whose duty and responsibility it is to provide and maintain the solid
waste container or receptacle.
(1990 Code, sec. 4.708)
(a)
For the purposes of this section, an "unauthorized waste container"
is any solid waste container provided for commercial waste collection,
by an entity that is not currently franchised by, or contracted with,
the city for collection or transport of solid waste. This does not
include containers placed in the city for collection of hazardous
waste, medical waste, special waste, and liquid waste, or any container
mandated by state or federal law and subject to state or federal regulation
to the specific exclusion of municipal regulation.
(b)
Only authorized waste containers may be used for commercial collection.
It shall be unlawful and a violation for any person to place or use
an unauthorized container at any location in the incorporated city
limits and unauthorized containers are subject to being impounded
by the city or its authorized contractor as provided in this section.
(c)
If an unauthorized waste container is found at any location in the
city, the owner of the container or the owner or tenant of the property
on which the container is located shall be notified that the container
is in violation of city ordinance and continued use of the container
will subject them to fines and impoundment of the container. Notice
may be in person if the owner of the container or the owner or tenant
of the property is found on the premises where the container is located.
Notice may also be provided by telephone, if a telephone number may
be reasonably ascertained by the owner's name and/or phone number
located conspicuously on the exterior of the unauthorized waste container.
Notice may also attached to any unauthorized waste container in the
form of an 8.5" by 11" adhesive "notice of violation" by: (1) the city;
(2) an authorized designee of the city; or (3) the then-current solid
waste franchisee. If a designee or the franchisee applies such notice
of violation, it will provide notice of that application to the city
manager and city attorney's office within one (1) business day in
writing, and shall include the location of the unauthorized waste
container, photographic evidence of the adhesive application, and
the date and time of application.
(d)
If notice is provided by any method in subsection (c), above, and the unauthorized waste container is not removed within 24 hours or one business day, whichever is longer, it is subject to impoundment by the city or its authorized contractor. Impounded containers shall be stored at a location within the county approved by the city manager or their designee. Reoccurring violations will result in immediate confiscation of an unauthorized waste container without further notification.
(e)
After an unauthorized waste container has been impounded, the owner
of the container shall be notified by registered mail or by telephone,
unless the address and/or telephone number of the owner cannot be
reasonably ascertained by conspicuous markings on the exterior of
the unauthorized waste container. The notification shall inform the
owner that their container has been impounded, provide them with the
location of the impounded container, and the procedure for reclaiming
the container as set out in this section.
(f)
The city or its authorized contractor has the authority to impound
and may impound an unauthorized waste container from any location
in the city without liability for the removal of the unauthorized
waste container.
(g)
If the unauthorized waste container is not claimed within ninety
(90) days of the date of impoundment, the container will be deemed
to have been abandoned by the owner and forfeited to the city. Upon
forfeiture the owner will be forever barred from all claims or rights
to the container, or any proceeds from the property.
(h)
At any time from the date of impoundment until the expiration of
three months from such date, the owner of the container may reclaim
the container upon payment of a reclamation fee, per container, per
occurrence, which will encompass the actual cost of such impoundment
including but not limited to administrative costs, costs of transportation,
cost of disposal of contents, and costs of storage, as approved by
the city in a written contract with a designee approved by the city
manager. The city manager is authorized to enter a contract on behalf
of the city with any competent contractor doing business within the
county, subject to state and local law. If the unauthorized waste
container is not claimed before 10 calendar days from the date of
impoundment, an additional daily storage fee will be charged for each
day after the 10th day. Storage and reclamation fees must be paid
before the container is released to the owner. If the 10th calendar
day from impoundment falls on a weekend or federal holiday, the additional
storage fee will begin to accrue on the first business day following
the 10th day.
(Ordinance 23-026 adopted 9/12/2023)
