For use in this chapter the following terms are defined:
BUSINESS ESTABLISHMENT
Any establishment which is not a dwelling unit and which
generates solid waste, feedstock, recyclable material and/or yard
waste incident to its normal activity.
COMMERCIAL VEHICLE
Any vehicle used for transporting solid waste, feedstock,
recyclable material and/or yard waste from business establishments,
as defined, or which is in the business of transporting such materials.
CORRUGATED CARDBOARD
Includes containers or materials used in containers that
have three or more layers of kraft paper material, at least two exterior
flat layers with one wavy interior core.
FEEDSTOCK
Any material generated as a result of or is a by-product
of residential, industrial or commercial activities that is used for
combustion for energy recovery, for combustion for waste disposal
or for creation of biofuel or bioproducts.
GARBAGE
Putrescible animal and vegetable waste resulting from handling,
preparation, cooking and consumption of food.
[Amended 3-23-2023 by Ord. No. 23-02]
GENERATOR
Any person or entity whose activities or processes produce
solid waste, feedstock and/or recyclable materials and/or yard waste.
HAULER
Any person who regularly or occasionally hauls solid waste,
feedstock, recyclable materials and/or yard waste for consideration,
fee or for profit.
HOUSEHOLD
Any permanent premises containing a habitable space intended
for residential use and which generates solid waste, feedstock, recyclable
material and/or yard waste as a result of the domestic activities
of not more than one family. A household may be referred to as a "dwelling
unit."
LITTER
"Garbage," "refuse" and "rubbish," as defined herein, and
all other waste material which, if thrown or deposited as herein prohibited,
tends to create a danger to public health, safety and welfare.
[Added 3-23-2023 by Ord.
No. 23-02]
MANUFACTURED/MOBILE HOME
A transportable, single-family dwelling unit suitable for
year-round occupancy having no foundation other than wheels, jacks,
piers, grade beams or skirting and containing water supply, waste
disposal, heating and electrical conveniences.
MANUFACTURED/MOBILE HOME COMMUNITY
A parcel of land under single ownership, which has been planned
and improved, for the placement of the manufactured/mobile homes for
nontransient use.
MATERIALS
Solid waste, feedstock, recyclable material and/or yard waste.
NONCOMMERCIAL VEHICLE
Any vehicle not for hire, used for transporting solid waste,
feedstock, recyclable material and/or yard waste from dwelling units.
NONRECYCLABLE CORRUGATED CARDBOARD
Corrugated cardboard with permanently attached packing material
and/or nonpaper liners; wax-coated cardboard; cardboard contaminated
with oil, paint, blood, or other organic materials; or cardboard contaminated
with any other material that renders the corrugated cardboard nonmarketable.
It does not include cardboard that has been contaminated through compaction
in a hauling vehicle.
PRIVATE HAULER
Any hauler who hauls materials from their own premises, including
independent contractors engaged in any type of construction or repair
within the City and hauling materials therefrom.
[Amended 8-17-2023 by Ord. No. 23-21]
RECYCLABLE CORRUGATED CARDBOARD
Includes marketable corrugated cardboard that may have glue,
staples, and/or tape, but does not have permanently attached packing
material and/or nonpaper liners and is not waxed, or contaminated
with oil, paint, blood or other organic materials.
RECYCLABLE MATERIALS
Any clean and dry material which is generated as a result
of or is a by-product of residential, commercial or industrial activities
and which has a market for reprocessing or reuse. Such materials may
be found in solid waste but are noncollectible as recyclable unless
they are segregated by the generator and cared for separately. These
materials are as follows but not limited to: plastic containers with
recycle numbers 1 to 7, metal food and beverage containers, aluminum
foil and pie tins, newspapers, magazines, inserts, catalogs, chipboard
(tears brown or gray), mixed paper, junk mail, yard waste and corrugated
cardboard.
RECYCLING
Any process by which waste, or materials that would otherwise
become waste, are collected, separated, processed or returned to use
in any form of raw materials or products. Recycling does not include
any form of energy recovery.
REFUSE
All putrescible and nonputrescible solid wastes (except body
waste), including garbage, rubbish, street cleaning, dead animals,
abandoned automobiles or parts thereof, and solid market and industrial
waste.
[Amended 3-23-2023 by Ord. No. 23-02]
RUBBISH
Nonputrescible solid wastes consisting of both combustible
and noncombustible waste, such as paper, wrappings, cigarettes, cardboard,
tin cans, yard clippings, leaves, wood, glass, bedding, crockery,
toys and similar materials.
[Amended 3-23-2023 by Ord. No. 23-02]
SOLID WASTE
Any garbage, refuse, rubbish, yard waste, recyclable materials
or other similar discarded solid or semisolid materials, including
but not limited to such materials resulting from industrial, commercial,
agricultural and domestic activities, that is not a recyclable material
or a feedstock. Solid waste may include vehicles as defined in Section
321.1 of the Code of Iowa. "Solid waste" does not mean or include
hazardous waste as defined in Section 455B.411 of the Code of Iowa
or source, special nuclear or by-product material as defined in the
Atomic Energy Act of 1954, as amended, petroleum-contaminated soil
which has been remediated to acceptable state or federal standards,
toxic materials, or yard waste that has been composted or infectious,
medical or biological waste.
[Amended 3-23-2023 by Ord. No. 23-02]
VEHICLE LICENSE
A license issued for a vehicle used in the business of hauling
or transferring solid waste, feedstock and/or recyclable materials.
YARD WASTE
Any of the following, free of any other debris and which
is generated as a result of yard and garden development and maintenance:
grass clippings, lawn rakings, leaves, hedge trimmings, trees and
tree trimmings, garden vegetation, bark, flowers, or all other similar
organic waste. Yard waste does not mean or include stumps.
[Amended 3-23-2023 by Ord. No. 23-02]
It is the duty of each owner to provide for the sanitary disposal of all solid waste accumulating on the owner's premises before it becomes a nuisance. Any such accumulation remaining on any premises for a period of more than seven days shall be deemed a nuisance and the City may proceed to abate such nuisances in accordance with the provisions of Chapter
223, Nuisance Abatement, or by initiating proper action in District Court.
All persons, firms or haulers that collect solid waste, feedstock,
recyclable materials and/or yard waste shall do so in compliance with
the terms and conditions of this chapter.
No person shall discard any litter onto or in any water or land,
except that nothing in this section shall be construed to affect the
authorized collection and discarding of such litter in or on areas
or receptacles provided for such purpose. When litter is discarded
from a motor vehicle, the driver of the motor vehicle shall be responsible
for the act in any case where doubt exists as to which occupant of
the motor vehicle actually discarded the litter.
Private haulers using cars, pickup trucks or utility trailers
shall contain and cover all loads securely. Private haulers using
vehicles larger than cars, pickup trucks or utility trailers shall
use vehicles which meet all of the minimum equipment standards for
waste haulers.
Trees, brush and all other woody herbaceous materials shall
be so contained as to not extend beyond the sideboards. Such materials
may be hauled without a tailgate so long as the complete load is secure
when no tailgate is in place. No materials shall extend beyond the
containment area to the rear such that any materials drag or make
contact with the roadway.
[Ord. No. 15-14; Ord. No. 18-02; Ord. No.
19-18; Ord. No. 21-11; amended 9-8-2022 by Ord. No. 22-15; 3-23-2023 by Ord. No. 23-02]
A. Base rate. The base rate for
material collection and disposal is as set by resolution of the City
Council. This base rate includes one container per week, plus curbside
recycling and yard waste collection. Every additional refuse container
must display a sticker in accordance with rules as established by
the Public Services Director. The cost of purchasing the sticker is
as set by resolution of the City Council. Any container not properly
tagged will not be collected by the City.
B. Payment of bills. All fees are
due and payable with and under the same terms and conditions as payment
for water service as established by the Water Board. To the extent
that the fees are billed as part of a combined service account, utility
services may be discontinued if the account becomes delinquent.
C. Assessment for nonpayment. The
owner of the premises served and any lessee or tenant thereof are
jointly and severally liable for fees for solid waste, feedstock and/or
recyclable material collection and disposal. Fees remaining unpaid
and delinquent shall be assessed against the premises served and shall
be certified by the Clerk to the County Treasurer for collection in
the same manner as property taxes.
D. Home occupations. Home occupations, as defined by Chapter
340, Zoning, may contract for private collection upon two weeks' written notice to the Public Services Department. If municipal collection service is retained, the collection fee shall be double the rate for a residential dwelling unit.
E. Service outside City limits.
Where property is located in the immediate proximity of the City limits,
but outside of the limits, the owner or occupant may request in writing
to the Public Services Director that the City collect solid waste,
feedstock, recyclable material and/or yard waste. The Public Services
Director will then determine whether the property is in such close
proximity to existing collection routes that the cost to the City
for making the collection will not exceed the fees to be collected.
If the Public Services Director makes this finding, the Public Services
Director shall approve the application, and the rate charged to the
property outside the corporate limits will be 1 1/2 times the
rate charged a similar property inside the corporate limits.
F. Special collections. Special
collections shall be provided for a fee as set by resolution of the
City Council. If the special collection involves any materials for
which the City will be charged an additional or special landfill fee,
then the billing for the special collection shall have these additional
or special fees added to the unit fee cost. If special collection
material is set out in cardboard boxes, an additional fee as set by
resolution of the City Council will be assessed to the collection
cost. If a special collection is assessed a fine at the landfill,
the fee for the special collection shall include the cost of the fine.
The Department shall not initiate a special collection without the
payment of cash, check, or credit card of the Department's estimate
of fees in advance of the collection. If the estimated amount was
not sufficient to cover the actual fees, the customer shall be billed
for the balance following the special collection. If the estimated
amount paid was in excess of the actual fees, the Department shall
promptly refund the balance to the customer.
G. Vacated premises. In circumstances
where the residential dwelling unit is permanently vacated or unused
for a period of not less than 180 days, the Public Services Board
may waive the collection fees charged based on the circumstances of
hardship attested to, provided the owner or agent of such unit submits
signed written request with supporting documentation setting forth
the relevant facts and it is approved by the Public Service Board.
H. False statements. No person shall
make an intentionally false, misleading, incomplete or incorrect statement
on any application or other written statement provided for or referred
to in the terms of this chapter.
I. Compost materials and wood chips.
The Department is hereby authorized to sell or dispose of compost
materials and wood chips at charges as set by resolution of the City
Council.
J. Commercial service rates. Upon
approval by the Public Services Board, the Public Services Department
may provide for the collection of feedstock from nonresidential generators.
Rates for collection shall include provisions for a furnished collection
bin provided to the generator. Rates for monthly commercial service
collection are as set by resolution of the City Council.
The Public Services Director is authorized to promulgate reasonable
rules and regulations consistent with the provisions of this chapter.
Such rules and regulations shall be presented for review and adoption
by the Public Services Board prior to implementation.
[Amended 3-23-2023 by Ord. No. 23-02]
No person shall throw or deposit garbage, refuse or rubbish
on any occupied private property within the City whether owned by
such person or not, except that the owner or person in control of
private property may maintain authorized private receptacles for collection
in such a manner that the same will be prevented from being carried
or deposited by the elements upon any street, sidewalk or other public
place or upon any other private property and additionally shall be
stored in a manner which will keep the premises sightly and shall
not cause the same to be a nuisance to the adjoining property and
shall not have an adverse effect upon the fair market value of the
property or any adjacent property.
[Ord. No. 03-34]
The Board shall annually implement a program allowing residents
who receive curbside solid waste pickup service to place a second
refuse container for collection without having placed a sticker on
the container for the collection next following December 25.