The following words, when used in this article, shall have the
meanings ascribed to them in this section:
All animal and vegetable matter, such as waste material and
refuse from residential or commercial kitchens, residences, grocery
stores, supermarkets, butcher shops, cafes, restaurants, drugstores,
pharmacies, hotels, motels, guest houses, boardinghouses, and apartments,
and further shall mean all other deleterious substances, but not to
include dirt, concrete, tile, plaster, rocks, and like substances.
Any individual, firm, or corporation, their agents, servants,
tenants, and employees.
Business or commercial entities and concerns, offices, theaters,
hotels, motels, guest houses, boardinghouses, apartments, cafes, restaurants,
eating establishments, tourist camps, sanitariums, schools, private
residences, vacant lots, and other places within the city limits and
legal environs where refuse, garbage, and/or trash accumulates.
All solid wastes, including garbage and/or trash.
The superintendent of sanitation for the city or such other
person authorized to act in such capacity.
Rubbish such as feathers, coffee grounds, ashes, metal cans,
paper bags, boxes, glass, newspapers or magazines or other like paper
products, grass, shrubs, flowers, yard cuttings or cleanings, grass
clippings, leaves, and tree trimmings, but not to include dirt, concrete,
tile, plaster, rocks, and like substances, and including handbills
except when such handbills are distributed in a manner prescribed
by the city council and with written permission from the city administrator
certifying conformity with applicable requirements.
(2007 Code, sec. 13.04.001)
There is hereby established the office of sanitation superintendent
of the city. A sanitation superintendent may be employed by the city,
and such person shall be charged with the responsibility of keeping
the city clean of refuse and shall have such other and further responsibilities
and duties as may be delegated from time to time.
(2007 Code, sec. 13.04.002)
It shall be unlawful for any person to sweep, haul, throw, or
deposit any garbage, handbills, trash, dirt, concrete, rocks, brick,
plaster, tile, stagnant water, or dead animals into, upon, or along
any drain, gutter, alley, sidewalk, parkway, street, road, or vacant
lot; and in the case of handbills it shall be unlawful for any person
to deposit such in, under or upon any window, door handle or windshield
wiper of any automobile or public or private premises or upon any
vacant lot within the city limits and legal environs. In the event
handbills are distributed, said handbills must be distributed in a
manner prescribed by the city council and with written permission
from the city administrator certifying conformity with applicable
requirements.
(2007 Code, sec. 13.04.003)
(a)
Container requirements.
It shall be the duty of every
person owning, managing, operating, leasing, or renting any residential
premises to provide a container or containers for refuse sufficient
in size and number to accommodate and securely keep all refuse that
may accumulate between collections as follows:
(1)
There shall be for each residential household one (1) or more portable
containers, which shall be made of galvanized metal or plastic with
handles on the sides and securely fitting lids which shall be rodentproof
and flyproof. Such containers shall be kept clean and free from accumulations
of any substance remaining attached to the inside of containers which
would attract or promote the breeding of mosquitoes or other insects.
Such containers shall have a capacity of not less than twenty (20)
gallons and not more than thirty-two (32) gallons.
(2)
Trash may be stored in sturdy and securely fastened plastic bags.
(b)
Manner of disposal; maintenance of containers.
It shall
be the duty of every person owning, occupying, managing, operating,
leasing, or renting any residential premises to place the daily accumulations
of refuse in the container or containers described herein. It shall
be the duty of every person placing garbage in such containers to
eliminate as far as possible all water and liquid from such refuse.
Refuse shall be placed in containers in such a way that no container
of refuse which is to be loaded manually shall weigh more than eighty
(80) pounds. 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 extent that the covers or lids will not fit
securely, shall be condemned by the city acting through its sanitation
superintendent or duly authorized representative. If such containers
are not replaced after notice of their defective condition is given
to the owners or users thereof, the defective containers shall be
confiscated.
(c)
Collection; tree limbs and other bulky waste.
The city
shall collect refuse from residential areas of the city _____ weekly
(except when an observed holiday falls on a weekday), and it shall
be the duty of any person owning, occupying, managing, operating,
leasing, or renting any residential premises to place the containers
at the curb on the street prior to 7:00 a.m. on the day or days established
for collection. Ordinary accumulations of rubbish such as tree limbs,
paper boxes, and scrap lumber which cannot conveniently be placed
in containers as described herein shall be tied or stacked in compact
bundles; provided, however, that tree limbs shall be cut into lengths
not exceeding three (3) feet and shall not exceed six (6) inches in
diameter. Leaves and grass clippings shall be placed in containers
or in plastic bags.
(2007 Code, sec. 13.04.004)
(a)
Containers.
It shall be the duty of each business, commercial, retail, industrial, and manufacturing establishment to provide a container or containers for refuse sufficient in size and number to accommodate and securely keep all refuse that may accumulate between collections. The city may require such containers to be suitable for dumping by mechanical means fitting guidelines set by the city. Containers will be placed on private premises at locations agreed between the owner or occupant and the sanitation superintendent. The city will not be responsible for damages to paved surfaces on private property caused by refuse collection trucks. Sufficient containers will be placed to accommodate the refuse from each business. Adjacent small businesses are not prohibited from sharing containers. Where containers are not practicable, as deemed by the sanitation superintendent, cans as described in section 24.03.004 for residential refuse may be used only with permission of the sanitation superintendent. Where cans are used, collection will be included in residential collections.
(b)
Manner of disposal.
All refuse from business, commercial,
retail, industrial, and manufacturing establishments shall be placed
in containers required by the city and called for herein. No refuse
shall be left outside of containers. All garbage shall be drained
before placing it in containers. All packing boxes larger than two
(2) cubic feet must be flattened before placing them in containers.
No manure, building materials, rocks, dirt, or dead animals shall
be placed in containers.
(c)
Collection.
The city shall collect refuse from business
and commercial containers at least _____ times per week, or more often
if required, as deemed [necessary] by the sanitation superintendent.
(2007 Code, sec. 13.04.005)
It shall be unlawful for any person or business entity, except
a duly authorized agent or employee of the city, or an owner disposing
of his or her own waste, or a person who has contracted with the city
or received a license from the city, to handle or remove any garbage,
rubbish, recycling materials or solid waste placed in any refuse container
or other receptacle containing refuse or recycling materials.
(2007 Code, sec. 13.04.006)
(a)
Franchise required.
It shall be unlawful for any person
or entity to engage in the business of collecting refuse from establishments
within the city unless such person or entity has been issued a franchise
therefor which is in force and effect. The franchise fee shall be
ten percent (10%) of gross revenues and shall be payable quarterly.
(b)
Exception.
This section does not prohibit any person
who is owning, occupying, managing, operating, leasing, or renting
any premises from transporting and disposing of refuse from his or
her own premises, provided that such refuse is transported and disposed
of in compliance with this article and all applicable laws.
(2007 Code, sec. 13.04.007)
Businesses which produce excessive accumulations of refuse may
be excluded from the service provided by the city. In that event,
such accumulations shall be removed and disposed of by the owner or
person in charge of same, provided that the owner or person in charge
shall secure from the city sanitation department a written permit
for removal and disposal of same. Said permit shall be issued only
after the sanitation superintendent is satisfied that the permittee
is capable of complying with the requirements of this article. The
permit may be revoked by the sanitation superintendent when such action
is deemed necessary to protect the public welfare.
(2007 Code, sec. 13.04.008)
Open burning of refuse, or the burning of refuse in barrels,
pits, or other open or screened containers, is prohibited. Any person
owning, managing, operating, leasing, or renting any premises within
the city limits or legal environs may incinerate refuse on the premises,
provided that the method of incineration is such that smoke emissions
fall within the limits prescribed by the state commission on environmental
quality.
(2007 Code, sec. 13.04.009)
(a)
Small animals.
The dead carcasses of dogs, cats, or
any other small animal shall not be placed in refuse containers. The
animal warden or other appropriate official of the city may remove
such dead carcasses of small animals, upon notice to do so.
(b)
Heavy animals.
The dead carcasses of heavy animals such
as horses, cows, mules, or the like shall be removed and disposed
of at the expense of the owner or person having charge of same, and
such disposal shall be by burial at a location approved by the sanitation
superintendent.
(2007 Code, sec. 13.04.010)
(a)
Generally.
Heavy accumulations such as brush, broken
concrete, ashes, appliances, sand or gravel, automobile frames, dead
trees, or tree limbs exceeding three (3) feet in length or six (6)
inches in diameter or any other bulky materials shall be disposed
of at the expense of the owner or person controlling same.
(b)
Waste from building operations.
Rock, dirt, concrete,
brick, tile, plaster, waste, scrap building materials, or other trash
resulting from a general cleanup of vacant or improved property, or
resulting from sizable amounts of brush, trees, or debris cleared
from property in preparation for construction, will not be removed
by the city. The owner or person controlling same shall have such
debris promptly removed at their own expense.
(c)
Wastes from tree trimming operations.
Any person employing,
engaging, or otherwise paying a contractor, student, professional
tree trimmer, or any other person to trim and prune trees or shrubs
shall have the duty of removing the trimmings and debris at the owner’s
expense. The city will not remove as regular service the trimmings
and debris created by such persons in such activities.
(d)
Brush collection by city after storm.
Upon written request of the owner or occupant of premises, the city will endeavor to remove tree trimmings and/or brush debris resulting from storm damage. Tree trimmings and/or brush debris must be placed in or adjacent to the street right-of-way. For such service, the owner or occupant will be charged a minimum fee as provided in the fee schedule in appendix A of this code. In the event the on-site crew time exceeds five (5) minutes, an additional charge as provided in the fee schedule in appendix A of this code will be levied for each additional five-minute period or fraction thereof.
(2007 Code, sec. 13.04.011)
Manure from cow lots, horse stables, poultry yards, pigeon lofts,
and other animal or fowl pens, waste oils from garages or filling
stations, and solid industrial waste materials shall be removed and
disposed of by the person owning or controlling same in the manner
and by the method directed by the sanitation superintendent.
(2007 Code, sec. 13.04.012)
The operator of any vehicle hauling refuse shall not allow refuse
to blow or fall out the vehicle.
(2007 Code, sec. 13.04.013)
It shall be unlawful for any person to place for collection
by the sanitation department any materials classified as hazardous
by the United States Environmental Protection Agency.
(2007 Code, sec. 13.04.014)
(a)
Residential customers.
A sanitation charge for the collection
of refuse and for city-wide recycling services, if any, shall be made
for each occupied residence within the city, whether or not any refuse
is deposited for collection for such occupied residence during any
month and whether or not the residence utilizes the city-wide recycling
services, if any, during any month. For multiple housing units, up
to and including five (5) units, the sanitation charge shall be applied
for each dwelling unit regardless of the number of water meters.
(b)
Commercial customers.
A sanitation charge for the collection
of refuse from all business, commercial, retail, industrial, and manufacturing
establishments shall be made when such collection service is provided
by the city or its contractor. The charge shall not include furnishing
containers for refuse. Multiple house units having more than five
(5) housing units shall be considered commercial customers. The sanitation
charge for commercial refuse collection shall be set by the city and/or
the contractor providing such service.
(c)
Users outside city limits.
The garbage collection rates
shall apply to all users located within the corporate limits of the
city. All users located outside the corporate limits of the city shall
pay one and one-half (1-1/2) times the rate set forth herein.
(d)
Charge included on water bill.
The sanitation charge
as delineated herein shall be charged monthly to each residence or
to the person in whose name the water meter deposit on such residence
was made, and said sanitation charge shall be added to the amount
of the water bill without the necessity of designating it separately
on the billing statement.
(2007 Code, sec. 13.04.015)
