The terms used in this division shall have the following meanings:
Approved container or container.
A container constructed of metal or plastic or other substantial material, with handles sufficiently strong for workers to empty the garbage or trash from the container conveniently. The container shall not exceed a capacity of thirty-two (32) gallons and a weight of fifty (50) pounds when filled and shall be equipped with a tightfitting lid or cover. Where trash is placed adjacent to the alley for collection, the lid shall be attached to a rack, pole, fence, or other permanent structure by a metal cable, chain, or other means so it remains at the storage place for the container.
City-authorized yard waste bag.
A biodegradable paper bag marked with the city identification. These bags may be sold at city hall or by authorized area merchants.
Director.
The public works director of the city or his designee.
Garbage.
All animal or vegetable matter, waste, refuse and other deleterious substances from kitchens, residences, grocery stores, butcher shops, restaurants, cafes, hotels, and rooming and boarding houses.
Recyclable materials.
Materials that are commercially recyclable, including steel-clad cans, glass, plastics, newspaper, magazines, aluminum, etc.
Trash.
Rubbish, including paper, cardboard, and other dry materials, except recyclable materials.
Yard waste.
Grass, grass clippings, leaves, tree trimmings, and yard cleanings.
(1996 Code, sec. 11.101; Ordinance 24-016 adopted 7/2/2024)
Every owner, occupant, tenant, lessee, or person in charge of any premises using or occupying any building, house or structure within the corporate limits of the city as a residence, church, school, college, lodge, commercial business or other purpose shall provide and maintain one or more approved containers to hold the garbage and trash that normally accumulates on the premises. If the quantity of garbage or trash exceeds the capacity of the container(s) on a particular day, the customer may utilize plastic bags for that excess. These bags may only be placed out for collection on the day of collection, and they shall be of all-weather construction and of sufficient strength to hold the garbage or trash they contain. Any container determined by a city sanitation supervisor to be in a deteriorated condition or unable to meet the definition of approved container may be discarded by the supervisor.
(1996 Code, sec. 11.102)
Any person disposing of yard waste in the city shall use only biodegradable, 2-ply, moisture resistant, Kraft paper yard waste bags for such disposal and such bags, when filled with yard waste, shall not exceed fifty (50) pounds in weight.
(Ordinance 12/30 adopted 10/2/12)
The lids or covers of all containers shall at all times be kept secure and fastened so that flies, insects, and other pests or animals may not have access to the contents thereof, and said lids or covers shall only be removed while the containers are being filled or emptied.
(1996 Code, sec. 11.104)
No one except the duly authorized agents and employees of the city shall empty approved containers, bags, city-authorized yard waste bags or trash receptacles of any kind, or convey or transport garbage, trash or yard waste on the streets, alleys and public thoroughfares of the city, without a written permit granted and issued by the city manager.
(1996 Code, sec. 11.105)
(a) 
If the house, building, or premises from which municipal solid waste is to be collected and removed is adjacent to an alley, the garbage or trash containers shall, whenever possible, be placed for collection on the abutting private property by the owner, occupant, tenant, or lessee of the premises in the following manner:
(1) 
An area dedicated for the storage and placement of approved trash containers must be provided parallel to and abutting the alley, and must be used for that purpose;
(2) 
Trash receptacles shall be placed on a level surface not more than one foot (1') above the grade of the alley pavement;
(3) 
Trash containers shall be completely unobstructed and easily accessible for collection from the alley; and
(4) 
Trash containers and racks in place as of the effective date of this subsection must be removed from the alley easement and this subsection complied with by the abutting property owner upon issuance by the city of a permit to such owner to construct, replace, repair, or alter a fence abutting the alley easement on private property or upon issuance of a building permit valued in excess of $10,000.00 for any work on the abutting private property.
(b) 
When the director finds that existing structures for garbage and trash containers or the containers themselves cause an obstruction to traffic in an alley or cause undue hardship to abutting neighbors on the opposite side of the alley, the director may require that such structures or containers be placed on private property by requiring existing fences to be either set back a sufficient distance from the property line to accommodate the containers without encroachment on city property or that such fence be reconfigured or constructed with an inset or indenture to provide such requirements, and the director may require that the actual structures on public right-of-way be removed if the director feels such action is necessary for the free flow of vehicles along the alley. All actions of the director in regard thereto can be appealed to the city council provided such an appeal is instigated within ten (10) days of the receipt of the official notice given by the director.
(c) 
If it is not practical to collect and remove the garbage and trash from the alley right-of-way, the owner, occupant, tenant, lessee, or person in control of premises shall place the container, bag, or yard waste bag at such point along the street right-of-way as is designated by the director or his designee, provided that such placement shall be made not earlier than 6:00 p.m. on the day before the scheduled pickup day nor later than 7:00 a.m. on the scheduled pickup day, unless collection has not yet occurred for that scheduled pickup day. Containers shall be removed from the curbline no later than 10:00 p.m. on the scheduled pickup day. Yard waste, large brush, and large items may be placed out at any time for collection. In lieu of having garbage and trash collected at the street or alley, residents may elect to have collection done on their premises, at a point approved by the director or his designee, and pay a rate established by appropriate resolution of the city council for “pack-out” service.
(d) 
The approved container, bag or yard waste bag shall be placed at the point found and designated by the director as the most accessible for collection and removal. In the event brush, limbs, and similar yard waste is of such a size or nature that it can not be put in a yard waste bag, it shall be arranged in bundles not exceeding fifty (50) pounds in weight and placed on the parkway adjacent to the premises for collection.
(1996 Code, sec. 11.106)
No person shall deposit, place or leave, in any waste receptacle designated and intended for ordinary residential or commercial garbage and trash, any car or truck batteries, tires, solvents, fuels, oils, toxic chemicals (pesticides, herbicides, paint, etc.), asbestos, products reactive to water, construction materials or yard waste.
(1996 Code, sec. 11.107)
(a) 
Generally.
The city shall charge for its services in removing garbage and trash from residences, two-family houses, and apartment houses in accordance with a resolution passed by the city council to establish such fees, provided that such resolution shall not be enacted until the city council shall have given public notice and shall have discussed such fees in a public meeting. The sanitation department shall determine equitable charges for containers placed at residences, but in no event shall such charge be less than the minimum commercial charge established by resolution of the city council.
(b) 
Brush tied in bundles.
Brush left in alleys shall be securely tied in bundles not to exceed four (4) feet in length or two (2) feet in diameter and shall not weigh more than forty (40) pounds. There will be no extra charge for bundles of this type, and they shall be picked up with normal garbage collection.
(c) 
Bulky brush and tree limbs; leaves or grass clippings.
Brush and tree limbs which are too bulky to be tied in bundles shall be stacked on the parkway to be picked up. An extra charge shall be assessed for this service on the regular billing in accordance with city’s comprehensive fee resolution. Leaves or grass clippings in biodegradable bags shall be picked up on a regular route in the alley unless the number of bags exceeds ten (10) bags, in which case the bags shall be placed on the parkway to be picked up.
(d) 
Appliances.
The city shall charge for the removal of ranges, refrigerators, washers, dryers, window air conditioners, water heaters, and similar appliances when placed on the parkway on a “call-in” basis only. The fee for such removal shall be as established by the resolution enacted under the provisions of subsection (a) above.
(e) 
Sale of yard waste bags.
The city may recover part or all of the cost of yard waste collection through the sale of biodegradable yard waste bags. The price of said bags may be changed from year to year and shall be established by the comprehensive fee resolution of the city.
(1996 Code, sec. 11.108)
(a) 
The city shall, for its services in removing garbage and trash from all businesses, lodging houses, boarding houses, commercial institutions, individual businesses, firms or corporations, churches, schools, office buildings and properties, charge for containers placed at any of such establishments based on a schedule to be set by resolution of the city council. Nothing in this schedule shall prevent the superintendent of sanitation from calculating rates which are lower or which exceed the schedule as long as the time, volume and number of pickups are the basis for such calculation.
(b) 
Any rates calculated by the superintendent of sanitation which exceed the schedule set out in this section and which are charged and assessed against the owner, occupant, tenant, or lessee of such commercial premises shall be subject to approval by the public works director. Should any customer believe such rates calculated, charged, and assessed are inequitable, he may appeal the rate decision to the city manager for final determination.
(c) 
Collection fees shall be effective as provided by the resolution of the city council adopted in accordance with subsection (a) above.
(1996 Code, sec. 11.109)
The charges for garbage and trash removal shall be added to and made a part of the water bill for water users within the city and shall be paid in the same manner and at the same time as the water bill for services furnished by the water department. A penalty of ten percent (10%) shall be added on all garbage collection bills which are not paid by the date on which such water bills become due. Failure on the part of the consumer of water to pay the garbage removal charge shall be considered notice to the water department to discontinue water service to such consumer, and to disconnect such consumer from the city’s water mains, and the manager of the water department is hereby authorized to discontinue such water service on the failure of the user to pay such charges.
(1996 Code, sec. 11.110)
Every owner, occupant, tenant or lessee of a house or building used for residential, business or commercial purposes is required to maintain constant supervision and surveillance over the garbage can and trash receptacle on his premises, and if either the garbage can or trash receptacle should not be emptied and the contents removed by an agent or representative of the city, or other duly authorized person, for a period of five (5) days, he must notify the health officer, in writing, of this fact within five (5) days.
(1996 Code, sec. 11.111)
(a) 
It shall be unlawful for any person to place or allow to remain any garbage container or receptacle upon any public street, and it shall be unlawful for any person to place garbage cans, receptacles or bags upon a public alley so as to impede the flow of traffic.
(b) 
It shall be the duty of the director and of every employee of the sanitation department to cause to be impounded all garbage containers and receptacles of every kind and description found in any public alley or street in the city in violation of this section.
(1996 Code, sec. 11.112)
The owner of any container impounded under the provisions of this division shall have the right to redeem the same upon calling therefor and describing the same and paying to the director or his designee the amount set in the master fee resolution within ten (10) days of the date of impounding thereof. The director or his designee shall cause notice to be given of such impoundment if the location or ownership of the container can be determined upon reasonable investigation. Funds received from redemption shall be deposited in the sanitation fund. Any container not redeemed within ten (10) days of the notice provided by this section shall be destroyed. This provision shall not apply to any container which is deteriorated to the extent that it cannot be classified as an approved container under the provisions of this division.
(1996 Code, sec. 11.113)
(a) 
It shall be unlawful for any person to place or allow garbage or trash to be placed in any container not owned or assigned to such person.
(b) 
It shall be unlawful for any nonresident of the city to place, or allow to be placed, garbage or trash in any containers in the city.
(c) 
It shall be the duty of the director to enforce, using whatever assistance is necessary from other departments of the city, the restrictions and prohibitions of this division.
(1996 Code, sec. 11.114)