For purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
Bags.
Plastic sacks designed to store refuse with sufficient wall strength to maintain physical integrity when lifted by the top. Total weight of a bag and its contents shall not exceed 35 pounds.
Bulky waste.
Stoves, refrigerators (free of CFCs), water tanks, washing machines, furniture and other residential waste materials other than construction debris, dead animals, hazardous waste or stable matter. No individual bulky waste item shall exceed one hundred (100) pounds in weight.
Back door service.
A service provided to homeowners who are physically challenged or elderly which allows them to place their trash and/or recycle carts at a location just adjacent to home or garage on their service day. The contractor’s drivers bring both carts to the curb, service their carts & return the carts back to the house. There is no fee for this service.
Bundle.
Tree, shrub and brush trimmings or newspapers and magazines securely tied together forming an easily handled package not exceeding three feet in length, three feet in height, and three feet in width or 35 pounds in weight.
Cart.
A portable, watertight container for residential refuse with a capacity of greater than 20 gallons but less than or equal to 95 gallons constructed of plastic, metal or fiberglass, having handles of adequate strength for lifting, and having a tightfitting lid capable of preventing entrance into the container by vectors. The mouth of a container shall have a diameter greater than or equal to that of the base. The weight of a container and its contents shall not exceed 100 pounds. Bags not exceeding 35 pounds of the type designed and suitable for garbage disposal, when securely fastened at the opening and in good condition, shall be included within this definition.
Commercial and industrial refuse.
All bulky waste, construction debris, garbage, rubbish and stable matter generated by a producer at a commercial and industrial unit, establishment, institution or construction site.
Commercial and industrial unit.
Any premises, location or entity, public or private, requiring frequent refuse collection within the corporate limits of the city and not a residential unit.
Commercial bin.
A metal receptacle designed to be lifted and emptied mechanically for use only at commercial and industrial units or multifamily complexes.
Commercial hauler.
A person in the business of collecting and transporting solid waste.
Construction debris.
Waste resulting from construction or demolition activities or that is directly or indirectly the byproduct of such activities, including, but not limited to, cartons, concrete, excelsior, gypsum board, metal, paper, plastic, rubber and wood products. Construction debris does not include hazardous waste, residential refuse, or bulky waste.
Dead animals.
Animals or portions thereof equal to or greater than ten pounds in weight that have expired from any cause, except those slaughtered or killed for human use.
Garbage.
Any and all dead animals of less than ten pounds in weight, except those slaughtered for human consumption, and every accumulation of waste (animal, vegetable and/or other matter) that results from the preparation, processing, consumption, dealing in, handling, packing, canning, storage, transportation, decay or decomposition of meats, fish, fowl, birds, fruits, grains or other animal or vegetable matter (including, but not by way of limitation, used tin cans and other food containers, and all putrescible or easily decomposable waste animal or vegetable matter which is likely to attract flies or rodents); except (in all cases) any matter included in the definition of “bulky waste,” “construction debris,” “dead animals,” “hazardous waste,” “rubbish,” or “stable matter.”
Gate access.
A service provided to homeowners who do not live in the city full time. Provides the homeowner the ability to dispose of solid waste regardless of the service day assigned to their address. A $10.00 fee is charged for each occurrence this access is utilized.
Hazardous waste.
Materials, in any amount, which are defined, characterized or designated as hazardous by the United States Environmental Protection Agency or appropriate state agency by or pursuant to federal or state law. For purposes of this article, the term “hazardous waste” shall also include motor oil, gasoline, paint and paint cans.
Person.
Any individual, partnership, company, corporation, association, firm, cooperative, resident, or any other entity public or private.
Premises.
Any apartment, business, industrial or institutional building or residence where persons work or reside, where animal or vegetable food is prepared or served, or solid waste accumulates or occurs.
Producer.
An occupant of a commercial and industrial unit, institution, construction site, or residential unit who generates refuse.
Recyclable material.
(1) 
Corrugated cardboard, boxboard containers, food boxes (such as dry food boxes and frozen food containers), soda and beverage boxes and carriers, shoe boxes, newspapers (including slick paper inserts), magazines, catalogs, telephone books., wrapping paper, sticky notes, paperback books, paper bags, Kraft paper, chipboard, junk mail, junk mail inserts, residential mixed paper, high-grade paper, white and colored ledger, copier paper, office paper, laser printer paper, computer paper (including continuous-formed, perforated white bond or green bar paper), book paper, cotton fiber content paper, duplicator paper, form bond, paper envelopes, facsimile paper, manila folders;
(2) 
Plastic containers: #1–#7 (excluding plastic bags and expanded polystyrene), such as bottles, cups, jugs, bowls, plastic eating utensils, other rigid plastics such as buckets, baskets, carriers, crates, toys (free of metal), laundry baskets, lawn furniture, pots and trays, dish drainers, trash cans, metal beverage containers, food cans, durable baking tins, metal and bi-metal containers with or without paper labels, rings and caps or lids;
(3) 
Glass (including bottles and jars with paper labels, rings and caps or lids), excludes window glass, Pyrex, porcelain, china, ceramics and light bulbs;
(4) 
Other recyclable items of a similar nature.
Recycling cart.
A container designed for the curbside collection of recyclable materials constructed of heavy duty plastic, with attached lid and wheels.
Residential customer.
A producer who generates residential refuse at a residential unit within the corporate limits of the city.
Residential refuse.
All garbage, rubbish, and yard waste generated by a residential customer.
Residential unit.
A dwelling occupied by a person or group of persons comprising not more than four families. A residential unit shall be deemed occupied when either water or domestic light and power services are being supplied thereto. A townhouse, fourplex, duplex or condominium dwelling, whether single- or multi-level construction, consisting of four or less contiguous or separate single-family dwelling units, shall be treated as a residential unit, except that each single-family dwelling within any such residential unit shall be billed separately as a residential unit. Those residential units served by a commercial bin shall not be included in this definition.
Resource recovery.
Recovery of recyclable materials or energy from solid waste or otherwise converting solid waste to a useful purpose.
Rubbish.
All waste wood, wood products, tree trimmings, grass cuttings, dead plants, weeds, leaves, dead trees or branches thereof, sawdust, printed matter, paper, pasteboard, rags, straw, used and discarded mattresses, used and discarded clothing, used and discarded shoes and boots, combustible waste pulp and other products such as are used for packaging, or wrapping crockery and glass, ashes, cinders, floor sweepings, glass, mineral or metallic substances, and any other waste materials not included in the definition of “bulky waste,” “construction debris,” “dead animals,” “garbage,” “hazardous waste,” or “stable matter.”
Solid waste.
Any garbage, refuse, rubbish, bulky waste, yard waste, construction debris, dead animals, hazardous waste or stable matter or other discarded material, including solid, liquid, semi-solid, or contained gaseous material resulting from industrial, municipal, commercial, mining, automobile, or agricultural operations.
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 keeping of animals, poultry or livestock.
Yard waste.
All grass clippings and tree, shrub, or brush trimmings.
(Ordinance 2017-03-20-03 adopted 3/20/17)
When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The use of any gender shall be applicable to all genders wherever the sense requires. The words “shall” and “will” are mandatory and the word “may” is permissive. The use of captions or headings for the various sections of this article is for convenience only.
(Ordinance 2017-03-20-03 adopted 3/20/17)
Any person found to be in violation of any provision of this article shall be deemed guilty of a misdemeanor and, upon conviction, shall be subject to a fine not to exceed two thousand dollars ($2,000.00). Each day of such violation shall constitute a separate offense. Such penalty shall be cumulative and not exclusive of any other rights or remedies the city may have.
(Ordinance 2017-03-20-03 adopted 3/20/17)
Police and code enforcement personnel of the city are authorized to enforce all nonadministrative sections of this article.
(Ordinance 2017-03-20-03 adopted 3/20/17)
Any residential customer or licensed commercial hauler affected by this article has the right to dispute any service or billing provided under this article.
(1) 
Informal appeal.
Any complainant objecting to the actions, policies, or decisions of the city with regard to solid waste collection and removal may informally appeal to the solid waste department in person or by telephone to attempt a resolution administratively.
(2) 
Formal appeal.
Any complainant failing to resolve a problem by an informal appeal may request a formal appeal before the city manager by filing a written request. The city manager will seek to schedule a hearing at the earliest practicable date. The complainant filing the request will then be given written notice of the scheduled hearing at least three business days in advance of the hearing. The city manager shall be the sole judge of the evidence and credibility of witnesses and the facts presented at the hearing, and shall render his/her final decision in writing to all parties concerned at the close of the hearing or within 5 business days of its conclusion. The city manager’s final decision may be appealed to the city council.
(3) 
Continuation of service during appeal.
During the pendency of a formal appeal, a residential customer’s service shall be continued, if not terminated prior to a valid formal appeal.
(4) 
City manager will not hear certain complaints.
A request for a formal hearing before the city manager will not be granted when the residential customer’s only complaint regards the determination of the customer’s ability or inability to pay for services rendered, or when there is no dispute in the accuracy of the billing or the customer’s liability, or when the dispute is in the design and fairness of the rate schedule.
(Ordinance 2017-03-20-03 adopted 3/20/17)
Each residential customer within the corporate limits of the city shall:
(1) 
When requesting service at a new service address, complete a city solid waste collection service agreement. Such agreement must be completed prior to start of service.
(2) 
Use provided carts to accommodate and securely keep all residential refuse that may accumulate upon such premises. Items too large to fit into carts, such as appliances, furniture and mattresses, shall be stored securely in a screened area of the premises, and placed at curbside only on the day scheduled for such removal.
(3) 
Bundle tree trimmings or limbs in lengths not exceeding three feet. Such trimmings or limbs shall not exceed four inches in diameter, and such bundle shall not exceed three feet in height and width. Place grass clippings in secure bags not to exceed 35 pounds.
(4) 
Maintain and keep carts in a screened location and in such a manner on the premises so as not to constitute a public nuisance, give an undesirable appearance or be visible from the street.
(5) 
Place trash and recycling carts and bundles at the edge of such premises adjacent to the street as early as 6:00 p.m. the evening before the scheduled service day but not later than 7:00 a.m. on the day of collection, and return same to their respective screened locations after pick-up on the same day of collection.
(6) 
Eliminate water and liquids to the extent practicable from all residential refuse prior to storing in carts.
(7) 
Maintain all carts in a condition free of defects that likely could hamper collection or injure the person collecting the contents thereof or the public generally.
(8) 
Promptly report the presence of any dead animals upon any premises or street or alley to the city police.
(9) 
Promptly clean up any solid waste which becomes scattered by whatever means upon such premises.
(Ordinance 2017-03-20-03 adopted 3/20/17; Ordinance 2019-02-19-06 adopted 2/19/19; Ordinance 2024-04-15-02 adopted 4/15/2024)
It shall be unlawful for any person in possession or control of any premises located within the city, or any commercial hauler, to cause, allow or permit any person to:
(1) 
Pour liquid over solid waste or into any refuse cart.
(2) 
Deposit any dangerous or hazardous substance into any refuse cart not approved for that purpose.
(3) 
Remove the cover from any refuse cart, except when depositing or removing the contents, or in any manner interfere with the cart or the contents thereof.
(4) 
Place a dead animal weighing more than ten (10) pounds into any refuse cart.
(5) 
Throw or scatter solid waste onto any premises, vacant lot, public street, alley, or sidewalk.
(6) 
Engage in outdoor burning, dumping, accumulating, or burying of any waste, garbage, leaves, paper, lumber, shavings, or domestic, commercial or construction combustible waste materials of any kind, except as may be specifically authorized by the city for emergency training exercises.
(7) 
Dispose of any solid waste into a trash cart belonging to or under the control of another person, or place any solid waste material on the premises or at the curbside of another person, or remove or carry away any solid waste from premises other than one’s own without having first obtained a license from the city.
(8) 
Deposit household solid waste in any public commercial bin, such as in a public park or municipal building, or other receptacle located on a sidewalk, or at any other location maintained for disposal of litter by pedestrians.
(9) 
Fail to cure within forty-eight (48) hours of receipt of a written notice of any unlawful act or conduct.
(Ordinance 2017-03-20-03 adopted 3/20/17)
Any commercial and industrial unit, establishment or institution that generates commercial and industrial refuse for collection by commercial haulers shall:
(1) 
Obtain and use commercial bins approved by the city.
(2) 
Keep commercial bins covered at all times. All bins shall be completely screened such that they are not visible from adjacent public or private property.
(3) 
Maintain all such bins to conform to prescribed standards and otherwise free of defects that likely could hamper collection or injure the person collecting the contents thereof or the public generally.
(Ordinance 2017-03-20-03 adopted 3/20/17)
(a) 
Before a building permit shall be issued for construction of any commercial and industrial unit, building or multiple-dwelling unit, plans for the adequacy, location and accessibility of solid waste commercial bins and storage facilities must be approved by the city.
(b) 
No certificate of occupancy shall be issued for any such premises until the city’s approval of the facility has been obtained.
(Ordinance 2017-03-20-03 adopted 3/20/17)
(a) 
Each residential customer who maintains a current account that is not subject to termination under section 20.02.014 of this article, is entitled to place at curbside on the once-weekly scheduled pick-up day residential refuse in carts, bags, and bundles with the following limitations:
(1) 
Either one or two standard trash carts, plus up to eight additional bags or bundles. Of the eight bags or bundles, only two may be bundles.
(2) 
One standard recycling cart.
(3) 
No cart placed for collection by a residential customer shall exceed 100 pounds. No bundle or bag shall exceed 35 pounds.
(b) 
In addition, each residential customer under this section is entitled to bulky waste pick-up by calling the telephone number prescribed on the bill to request such service.
(Ordinance 2017-03-20-03 adopted 3/20/17)
The cost for residential refuse collection service shall be paid by the city out of the solid waste municipal fund that is hereby established for that purpose, and which shall be funded by the charges set forth in section 20.02.012.
(Ordinance 2017-03-20-03 adopted 3/20/17)
(a) 
Rates.
The rate to be charged to each residential customer by the city for service under section 20.02.010 shall be:
(1) 
Twenty-six dollars and eighty-five cents ($26.85) per month for residential units with one solid waste cart, and one recycle cart.
(2) 
Seven dollars ($7.00) per month for each additional solid waste and/or recycling cart.
(3) 
A late charge of ten dollars ($10.00) will be added to billing charges not paid within ten (10) days of the due date.
(b) 
Deposit for service.
The city shall collect a deposit fee of seventy-five dollars ($75.00) when service is initiated at a new address; when service is restarted following suspension due to nonpayment; or after a customer with no deposit on their account remits payment past the due date for two consecutive billing cycles. The deposit shall be credited to the customer’s account following on-time payments for four consecutive billing cycles. If the customer closes the account and moves out of the city before the deposit is credited to the account, then the city shall pay a refund to the customer by check. If the customer fails to give notice of moving out, then the deposit is forfeited.
(c) 
Stop/restart of service.
There will be no fee for stop of service; however, restart of service at the same service address by the same customer will be subject to a restart fee of thirty dollars ($30.00).
(d) 
Primal billing/refunds.
Billings to initiate residential service will include the rate base charge for the whole month in which service is to start. No refund may be claimed except upon a customer’s request for permanent termination of an account, such refund to be determined by the number of whole months of the rate base remaining in the prepaid account.
(Ordinance 2018-06-18-04 adopted 6/18/18; Ordinance 2021-08-16-01 adopted 8/16/21; Ordinance 2024-03-18-04 adopted 3/18/2024)
The accumulated charges to each residential customer under section 20.02.012 shall be placed on the quarterly bill of that residential customer. All bills for service are due when rendered. If a residential customer does not receive a bill, that customer’s obligation to make payment for services rendered is not released or diminished. If the charges prescribed on the bill are not paid when due, any or all refuse collection service may be discontinued until such time as the unpaid charges, restart fee, and deposit are paid.
(Ordinance 2017-03-20-03 adopted 3/20/17)
An active account is delinquent when full payment is not received by the city by the due date printed on the bill. The city may terminate a residential customer’s service: (1) for failure to pay a delinquent account; (2) for failure to make payment for a bill initially paid by a check which was returned by a bank for any reason; (3) upon discovery of the existence of a violation of any city ordinance which provides for termination or refusal of service as a remedy. When a residential customer’s account becomes subject to termination, written notice of the proposed termination shall be given by the city, stating the actions required to be taken by the residential customer to prevent termination of service.
(Ordinance 2017-03-20-03 adopted 3/20/17)
(a) 
License required.
Any person who makes scheduled or frequent pickups of solid waste within the city shall be licensed annually by the city to engage in such activity, except that any commercial hauler having a valid contract with the city under this article for collecting and transporting residential solid waste shall be deemed licensed for that purpose, but shall be bound by all other requirements of this article.
(b) 
License fee; renewal of license.
A commercial hauler’s license fee is as set forth in the fee schedule in appendix A of this code, and [the license] is valid for one year. Each license will be renewed not later than October 1 for the ensuing year.
(c) 
Standards for vehicles.
Every vehicle that hauls residential or commercial refuse shall be fully enclosed, or shall be enclosed at the sides and equipped with a tarpaulin and methods for fastening the same so as to avoid spilling refuse, leaking liquids, disseminating odors, and attracting insects. Such vehicles shall be kept closed or covered at all times when in use except as may be necessary for loading and unloading, and shall be kept in sanitary condition when empty. It shall be unlawful for any person to operate, or allow employees to operate, any refuse hauling vehicle not complying with this section.
(d) 
Insurance.
Before a license may be granted under this article, each person applying for such license shall furnish to the city evidence that automotive public liability and property damage insurance has been procured in the following minimum amounts:
(1) 
For damages arising out of bodily injury or death of one person in any one accident: $100,000.00.
(2) 
For damages arising out of bodily injury or death of two or more persons in any one accident: $300,000.00.
(3) 
For injury or destruction of property in any one accident: $100,000.00.
Such insurance shall be kept in full force and effect during the period for which a permit shall be issued.
(e) 
Removal of spilled waste or liquids.
Any person holding a commercial hauler’s license, or any contract hauler for a municipality, shall be responsible for picking up and removing all refuse and liquid spilled in loading or transporting solid waste within the city.
(f) 
Inspection of vehicles.
Any vehicle equipped for transporting refuse within the city may be stopped and inspected by the city police at any time to determine if the vehicle is properly equipped and in sanitary condition.
(Ordinance 98-05-18-03, sec. 11, adopted 5/18/98)
(a) 
Established customer base required.
No commercial hauler may be licensed to offer scheduled and frequent solid waste service to a residential customer within the city except a commercial hauler having an established residential customer base within the city on the effective date of this article. Any such commercial hauler not having a valid license on the effective date of this article must obtain a license on or before June 29, 1998.
(b) 
Initial information on customer base.
Any commercial hauler serving a residential customer base must, as a requirement for license, provide to the city the name and service address of each residential customer being served by that hauler within the city. No such commercial hauler may add a new residential customer to such customer base on or after June 29, 1998, for service that substantially duplicates the service offered by the city under section 20.02.010.
(c) 
Updated information on customer base.
A commercial hauler renewing a license on or after June 29, 1998, must provide to the city the name and service address of each residential customer being served by that hauler within the city on the date of renewal of license.
(d) 
Newly annexed areas.
Any commercial hauler having a residential customer base in an area newly annexed by the city may, within thirty (30) days of the date of annexation, apply for a license subject to the provisions of this article on and after the date of annexation.
(Ordinance 98-05-18-03, sec. 12, adopted 5/18/98)