(a)
This article shall be known as the city garbage and waste disposal
ordinance.
(b)
From and after the effective date of this article, each and every
residence located within the city limits is hereby required to subscribe
to and use the city garbage disposal system as established herein.
Each and every commercial unit located within the city limits is hereby
required to subscribe to and use the city garbage disposal system
unless specifically exempted by the city.
(c)
Each subscriber to the city garbage disposal system shall comply
with all rules, regulations and requirements set forth by the city
council pertaining to the city garbage disposal system.
(1997 Code, sec. 50.01)
The purposes of this article are as follows:
(1)
To provide a safe and healthful environment for all citizens within
the city limits and the surrounding areas of the city;
(2)
To protect the health of all citizens by eliminating possible infectious
and noxious odors affecting the well-being of the citizens of the
city; and
(3)
To provide a means for the orderly and safe handling, storage, collection,
transporting and disposal of solid waste and garbage in the city.
(1997 Code, sec. 50.02)
For the purpose of this article, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning:
The collection of garbage by personnel employed by either
the city or by a privately owned and operated garbage collection firm,
company or corporation which is authorized to provide the disposal
collection service within the corporate limits of the city either
by contract or franchise with the city.
The type container used for industrial, commercial, institutional,
apartments and the like, as specified by the private collection agency
authorized to collect waste and garbage within the city limits.
Any type of business or industry, whether sales, services,
storage, or any institution, church, school or hospital.
One or more persons occupying a premises and living as a
single housekeeping unit, whether or not related to one another by
birth, adoption or marriage.
Any rejected waste of whatever kind, including but not limited
to discarded food, cans, bottles, glassware, paper goods, leaves,
brush, grass clippings and all other disposable goods of whatever
kind.
Any house, home, dwelling, residence, apartment, duplex,
condo, motor home, hotel, motel, office, restaurant, warehouse or
any other type of building or structure, yard, place or lot, whether
occupied or not, within the city limits.
Any building or structure commonly known as a house, condo,
duplex, or apartment or any other structure which is commonly used
for housekeeping by a family unit.
Plastic garbage bags with a capacity not to exceed 30 gallons
to allow manual pick-up without loss or spilling.
Any person or persons occupying a residence.
All putrescible and nonputrescible discarded or unwanted
solid materials, including garbage, refuse, trash, junk and other
discarded solid materials.
(1997 Code, sec. 50.03)
(a)
An accumulation of solid waste is hereby declared to be a nuisance,
and it shall be unlawful for any person owning, operating, managing,
controlling or occupying any premises within the city limits to fail
or refuse to remove and dispose of an accumulation of solid waste
from the property within 10 days after having been notified in writing
to do so by the city fire marshal or other person duly authorized
to give notice, or by a city police officer, or any other authorized
person.
(b)
No person shall permit any garbage to accumulate on their premises.
(c)
Every person in possession of any premises in the city shall be required
to have accumulation of solid waste removed and disposed of properly
before the waste becomes a health hazard.
(1997 Code, sec. 50.04)
(a)
Collection of garbage shall be made once each week for residential
customers.
(b)
Collection of garbage for a commercial unit shall be on a negotiated
basis with any private collection firm. Any like contract shall be
subject to approval by the city.
(1997 Code, sec. 50.05; Ordinance 583 adopted 7/16/19)
Garbage must be disposed of at least once each week from all
premises, or more often as may be necessary to maintain premises in
a healthful and sanitary condition, and it is hereby declared to be
unlawful for anyone to permit garbage to accumulate on their premises
for more than 7 days.
(1997 Code, sec. 50.06)
It is hereby declared unlawful for any person to meddle or tamper
with any garbage, trash or rubbish receptacles, or in any way pilfer
or scatter any garbage, rubbish, trash, or junk or any solid waste.
(1997 Code, sec. 50.07)
Each person subject to this article shall place the garbage container for collection at the curb of the dwelling or business as further specified in section 13.02.011, and no garbage pick-up shall be allowed in the alleys and alleyways of the city except by commercial units and commercial business in the city.
(1997 Code, sec. 50.08)
(b)
The city shall have the right to terminate all city utility services,
including garbage, water and sewer, for the failure to timely pay
the monthly garbage fee.
(c)
Prior to the termination of any services for failure to pay the garbage
collection fee as set out above, the city shall provide the customer
with a written notice setting out the reasons for the termination,
and the customer shall have the opportunity to have an administrative
hearing prior to such termination.
(1997 Code, sec. 50.09)
It shall be the duty of every person subscribing to the sanitation
collection service to provide a container or containers for garbage
and refuse, sufficient in size and number to accommodate and securely
keep all garbage and refuse that may accumulate between collections.
Garbage containers shall be watertight and constructed of a solid
and durable grade of metal, plastic or paper material.
(1997 Code, sec. 50.10)
(a)
It shall be the duty of every person subscribing to the sanitation
collection service to place the garbage containers directly behind
the curbline of the street abutting the property, or in the absence
of a curb directly behind the ditch line abutting the property.
(b)
In no event shall the containers be placed in the street or on the
sidewalk or in any manner placed where the containers will interfere
with vehicular or pedestrian traffic.
(c)
Solid waste service provider polycarts shall not be placed at the
point of collection before 5:00 p.m. prior to the designated day of
collection and all such carts, bins, cans, bags, buggies, boxes or
other containers shall be removed from the point of collection no
later than 12:00 noon the day following collection. For the first
offense, a warning shall be issued. A court may take judicial notice
of the city’s designated day of collection.
(1997 Code, sec. 50.11; Ordinance 583 adopted 7/16/19)
(a)
All containers shall be kept clean and free from accumulation of
any substance remaining attached to the inside of the container which
would attract or breed flies, mosquitoes, or other insects.
(b)
The area surrounding garbage containers shall be maintained in a
clean and sanitary condition. The contents of all receptacles shall
be protected so that the wind cannot scatter the contents over the
streets, alleys or other property within the municipality.
(c)
All containers shall be securely closed in a manner so as to prevent
the scattering of the contents and to make them inaccessible to insects,
rodents and other animals.
(1997 Code, sec. 50.12)
(a)
It shall be unlawful for any person to transport garbage or refuse
for hire which has been collected from any premises within the municipality
over any public street within the municipality.
(b)
This section shall not apply to any person who at the time of the
activity is operating under a valid contract or franchise granted
by the municipality which authorizes such person to use the public
streets to conduct the activity.
(1997 Code, sec. 50.13)
(a)
Waste from building operations, rock waste, building materials or
other refuse resulting from building or remodeling operations or resulting
from a general cleanup of vacant or improved property shall be removed
by the building contractor, owner or occupant of the building at his
or her own expense.
(b)
It shall be unlawful for any person to place those materials in any
dumpster or other trash receptacle for disposal by the municipality
or any agent or contractor of the municipality.
(1997 Code, sec. 50.14)
(a)
It shall be unlawful for any person to sweep, throw or deposit any
garbage, trash, debris, stagnant water or dead animal into, upon or
along any public property or private property of another, except as
may be specifically provided by this article.
(b)
It shall be unlawful for any person owning or otherwise in control of any premises within the municipality to permit any of the conditions described in subsection (a) to exist upon property owned or controlled by him or her after having actual or constructive notice thereof.
(c)
It shall be unlawful for any person to place in any container any
material other than as specifically provided in this article.
(d)
It shall be unlawful for any person to deposit or maintain garbage
or trash except as provided for by this article.
(e)
It shall be unlawful for any person to deposit any burning match,
charcoal, ember or other material in any container used for the disposal
of garbage.
(f)
It shall be unlawful for any person other than a resident of the
city to use the city-provided dumpster(s).
(1997 Code, sec. 50.15)
(a)
The collection, removal and disposal of all garbage, trash and brush
shall be carried on in a systematic, efficient manner to keep the
municipality in a clean and sanitary condition.
(b)
All vehicles used for the collection and transportation of garbage
and trash shall be equipped with suitable covers which shall be used
to prevent blowing or scattering of refuse while garbage and trash
are being transported for disposal.
(1997 Code, sec. 50.16)
(a)
The municipality is not required to furnish garbage services to consumers
beyond the corporate limits, or to continue to supply, once begun,
those services.
(b)
The municipality reserves the right to provide services to the consumers
it deems advisable and to, at any time, wholly or partially, discontinue
the services to any consumers located outside the corporate limits.
(1997 Code, sec. 50.17)
