This article shall be known as the garbage ordinance of the
city.
(Ordinance adopted 1/2/1990, sec.
1)
The following definitions shall apply in this article:
The residue from fires.
Includes either cut grass, weeds or shrubs or parts thereof.
Carcasses of dogs and larger animals.
Solids resulting from food preparation and service, after
the liquid or slop has been drained off.
Dry kitchen refuse, all meat, vegetables and fruit refuse,
small dead animals and dead fowl from any premises within the city
limits.
Cleanings from stables, including straw, shavings, leaves
and feed.
Garbage, ashes, cuttings, tins, and dead animals, manure
and rubbish as such respective terms are defined in this section.
Tin cans, bottles, glass, scraps of iron, tin, wire or other
metals from any premises within the city limits.
Empty cans, discarded tin and metal ware, but does not include
scraps from tin shops, machinery shops or blackshops (smith).
Paper of all kinds, rags, old clothes, paper containers,
old rubber, pieces of wood, boxes, barrels, crates, feathers, weeds,
grass and tree limbs from any premises within the city limits.
(Ordinance 5/31/1943, sec. 1; Ordinance 5/31/1943, sec. 3; Ordinance 5/31/1943, sec. 4; Ordinance 5/31/1943, sec. 5; Ordinance 5/31/1943, sec. 6; Ordinance 5/31/1943,
sec. 7; Ordinance adopted 1/2/1990, sec. 2)
Any person found to have violated the provisions of this article, as it exists or may be amended, shall be deemed guilty of a misdemeanor, which shall be punishable by a fine in accordance with section 1.01.009 of this code. Each continuing day's violation under this article shall constitute a separate offense. The penal provisions imposed under this article shall not prelude the city from filing suit to enjoin the violation or terminate the service. The city retains all legal rights and remedies available to it pursuant to local, state, and federal law.
(Ordinance 5/31/1943, sec. 19; Ordinance adopting Code; Ordinance 230404 adopted 3/7/2023)
(a)
The provisions of this article shall be enforced by the city's police
department and code enforcement, and it shall be unlawful for any
person to interfere with or hinder the police department or code enforcement
in the exercise of duties under this article.
(b)
Authorized representatives of the city may conduct inspections at
regular intervals to determine whether garbage, trash and rubbish
is being properly collected, removed and disposed of as required by
this chapter or any other applicable health ordinance. If it is found
that this chapter or any other applicable health ordinance is being
violated, appropriate and timely action shall be taken to ensure a
full compliance with this chapter or other applicable health ordinance.
Notwithstanding any provisions contained herein to the contrary, the
police department and code enforcement are hereby granted the authority
to issue immediate citations to persons violating any provision of
this article.
(Ordinance adopted 1/2/1990, sec.
8; Ordinance 230404 adopted 3/7/2023)
There shall be charged, assessed and collected through the water
and sewer department from each unit dwelling, firm or corporation
within the city limits the following monthly service charges for garbage,
refuse, trash and rubbish collection and disposal:
(1)
Commercial front load rates.
|
Size
|
Frequency per week
| ||
|---|---|---|---|
|
|
1 Time
|
2 Times
|
3 Times
|
|
2 yard
|
$67.00
|
$116.93
|
$169.67
|
|
3 yard
|
$79.98
|
$138.31
|
$199.63
|
|
4 yard
|
$89.84
|
$159.69
|
$227.02
|
|
6 yard
|
$115.49
|
$203.92
|
$290.89
|
|
8 yard
|
$134.04
|
$239.54
|
$345.07
|
|
Locks
|
$6.00 per month
|
|
|
(2)
Industrial rolloff rates.
|
Delivery Fee
|
Daily Rental
|
Haul Rate
|
Disposal Rate
|
Min. Tons
|
Over 10 Tons
|
|---|---|---|---|---|---|
|
$206.40
|
$6.00
|
$363.60
|
$36.00/ton
|
3
|
$52.00/ton
|
(3)
Commercial hand load rates.
|
Size
|
Frequency per Week 1 Time
|
|---|---|
|
One Size
|
$12.79
|
(4)
Residential curbside collection.
Once per week collection:
$10.90 per month.
(Ordinance adopting Code; Ordinance 11 adopted 1/6/2015)
Every occupied residential, commercial, or industrial unit within
the city, and every service address for purposes of city water and/or
sewer services within the city must be served by a solid waste collection
and disposal service shall be charged, assessed monthly service charges
according to the most recent fee schedule as adopted by the city council.
Monthly service charges shall be billed and collected through the
city's water and sewer department. Failure to timely pay such charges
may result in further enforcement action up to and including termination
of service.
(Ordinance adopted 1/2/1990, sec.
7; Ordinance 230404 adopted 3/7/2023)
It shall be the duty of every person owning, managing, operating,
leasing or renting any premises or any place where garbage accumulates
to:
(1)
Make use of one-way containers (either plastic bags at least of two
mil thickness, boxes or plastic bags in cans), or garbage may be kept
in standard trash containers of 35 gallons or less.
(2)
“White goods” means appliances and other household items
of furniture and appliances that a homeowner desires to dispose of.
Such items will be picked up if placed at the usual place for pickup
of the other garbage.
(Ordinance adopted 1/2/1990, sec.
3; Ordinance adopting Code)
Receptacles shall be placed in alleys by owners or those in
charge of property where said alleys are in back of or adjoining the
property owned or controlled by the party placing same, and in the
event there is no alley in back of or adjoining said property it shall
be placed upon the street in front of or adjoining the premises. Ashes,
cuttings, dead animals, including carcasses of dogs, and manure shall
be disposed of by the owner or person in control of the premises where
same are located, and in no event shall be placed or disposed of by
any person upon any street, alley or lot. Garbage shall not be placed
in a receptacle until it shall have been drained and wrapped and in
paper.
(Ordinance 5/31/1943, sec. 14)
It shall be unlawful to throw, place or deposit, or cause to
be thrown, placed or deposited, in any street, alley, square, sidewalk,
gutter, lot or other premises or place in the city limits, any carcass
of any dead animal or fowl, any putrid beef, pork or other meat, fish,
hides, skins, filth, offal, dung, melon rinds, vegetables, bones,
slop, dishwater or other unsound or offensive matter liable to become
offensive or allow any such offensive [matter] to remain on or about
or immediately in front of any premises owned or controlled by him,
her or them.
(Ordinance 5/31/1943, sec. 16)
(a)
It shall be unlawful for any person or persons in this city to allow
or permit any horse, ox, or other animal owned, controlled or kept
by him, her or them, and which has come to its death, to lie in or
upon any street, alley, square lot or other ground, public or private,
but such person shall cause the carcass of such animal to be securely
buried outside of the corporate limits of the city.
(b)
It shall be the duty of the chief of police to cause the removal
and burial, at the expense of the city, of all carcasses of dead animals,
the owner or person in control of which cannot be ascertained.
(Ordinance 5/31/1943, secs. 17,
18)
The collection of garbage, trash and rubbish or any kind of
junk without authority from the city is prohibited. Accumulations
of items such as brick, broken concrete, lumber, ashes, dirt and plaster,
sand or gravel, automobile frames and parts, dead trees and other
bulky, heavy material shall be disposed of at the expense of the owner
or person controlling same.
(Ordinance adopted 1/2/1990, sec.
6)
The following practices are prohibited:
(1)
Commercial bulk containers.
The placing of garbage,
trash or rubbish or any article, thing or material in any commercial
type bulk garbage container by any person other than the person who
pays the monthly service charge for the collection of garbage from
such container.
(2)
Bulk containers on public property.
The placing of garbage,
trash or rubbish or any other article, thing or material in any commercial
type bulk garbage container (exclusive of litter barrels or cans)
located on any public property.
(3)
Litter barrels on public property.
The placing of household
garbage, trash or rubbish in any litter barrel or can located on public
property.
(Ordinance adopted 1/2/1990, sec.
4)
The city shall, by contract, designate an exclusive solid waste
contractor to regularly collect and remove all garbage, refuse, recyclable
material, rubbish, brush, and solid waste, excluding hazardous waste,
from all premises within the corporate city limits. Except as may
be specifically authorized by contract with the city and the payment
of a franchise fee to so operate, the exclusive franchisee shall be
the only approved provider of residential, commercial, and industrial
solid waste collection disposal services within the city.
(Ordinance 230404 adopted 3/7/2023)
(a)
It is unlawful for any person to engage or attempt to engage in the
business of collecting solid waste, construction, and demolition/remodeling
debris from property within the corporate limits of the city, except
as may be specifically authorized by contract with the city and the
payment of franchise fee to so operate.
(b)
It is unlawful for any person to engage or attempt to engage in the
business of placing unauthorized collection bins, clothing drop-boxes,
carts, dumpsters, or roll-offs for the collection of debris, recyclables,
or textiles, on public or private property within the corporate limits
of the city, except as may be specifically authorized by contract
with the city and the payment of a franchise fee to so operate.
(c)
Defense: It shall be a defense to prosecution hereunder if the franchisee
does not provide the type of solid waste removal and disposal services
prohibited herein and as necessary for the undertaking under the franchise.
By way of example, a person other than the franchisee may contract
to remove, haul, and dispose of asbestos containing materials within
state and federal guidelines.
(Ordinance 230404 adopted 3/7/2023)
