(a)
The city council is hereby authorized to grant as an exclusive
right and privilege to operate and maintain, within the corporate
limits of the city, a municipal franchise to a service provider for
the collection, removal, and disposal of solid waste and recyclable
material.
(b)
The city and the franchise holder shall enter into an exclusive
franchise contract detailing the terms for the services and operation
of solid waste collection and disposal in the city.
(c)
The franchise holder shall collect and dispose solid waste in
compliance with all city ordinances, and state and federal laws and
regulations pertaining to solid waste disposal.
(d)
The franchise holder shall serve all units within the jurisdictional
limits of the city in accordance with the terms of the franchise contract.
(e)
The city council shall have the right to declare the franchise
forfeited and to terminate the franchise in the event of a violation
of any term of the franchise contract.
(Ordinance 22-0502 adopted 5/3/2022)
(a)
It shall be unlawful for a person to engage in the business
of collecting solid waste refuse from a unit within the city unless
the person has been issued by the city a franchise and which is in
force and effect.
(b)
Exception: This subsection does not prohibit a person from transporting
and disposing of solid waste refuse from his premises or real property,
provided that such refuse is transported and disposed of in compliance
with this article.
(Ordinance 22-0502 adopted 5/3/2022)
(a)
Service use required.
Each residential, commercial,
or industrial unit or person shall utilize the solid waste and recyclable
material collection, removal, and disposal services provided by the
city or the city's franchise holder.
(b)
Pickup requirements.
Each unit shall comply with
the following requirements for pickup:
(1)
Each container, bag, bundle, or other solid waste container
must meet the weight and packaging requirements as described in this
article;
(2)
Each container, bag, bundle, or other solid waste container
must be placed at a curbside location for collection on a scheduled
collection day;
(3)
Containers, bags, and bundles shall be placed as close to the
roadway as practicable without interfering with or endangering the
movement of vehicles or pedestrians;
(4)
Containers, bags, and bundles shall be placed for collection
within 24 hours of the collection date and shall be removed within
24 hours after collection;
(5)
When construction work is being performed in the right-of-way,
containers, bags, and bundles shall be placed as close as practicable
to a vehicular access point for the solid waste collection vehicle
to enter and exit; and
(6)
The franchise holder may decline to collect any container, bag,
or bundle that is not placed correctly along the curbside or is containerized
incorrectly. In this event, the unit shall contact the city to arrange
immediately for collection and disposal.
(c)
Special waste.
The franchise holder shall have
no obligation whatsoever to collect hazardous, infectious, or special
wastes. A unit or person requiring the collection and disposal of
excessive or unusual items or requesting services not contemplated
by this article shall make arrangements with the city and the franchise
holder for the collection and disposal of said items that are independent
from those regular or routine services provided by the franchise holder.
(d)
Fees and payments.
(1)
The city shall assess fees for solid waste disposal services
rendered in accordance with the municipal fee schedule.
(2)
The city shall bill and collect payment from each unit for solid
waste disposal services rendered.
(3)
Each unit is responsible for making timely payments upon receipt
of an invoice or statement from the city.
(4)
A reinstatement fee may be assessed by the city on a delinquent
unit account after being placed on suspended service.
(5)
Failure by a unit or person to utilize disposal services provided
by the city and franchise holder does not negate the charges for the
services, nor does it relieve the unit or person of the responsibility
to pay said charges even when the city or franchise holder initiates
stop service for failure to pay the city or franchise holder for solid
waste and recyclable material collection, removal, and disposal services.
(Ordinance 22-0502 adopted 5/3/2022)
(a)
Roll-offs for waste from commercial use/private contractor.
(1)
A franchise holder shall not pickup and dispose as a part of
the regular solid waste, brush item, and white good/bulky item collection
and disposal services:
(A)
Construction and remodeling debris and other debris
originating from commercial lot clearing and/or construction operations;
(B)
Brush items cut/trimmed by a commercial or private
contractor; or
(C)
Bulky items and white goods resulting from work
completed by a commercial or private contractor during bulky item
pickup.
(2)
A unit shall make delivery and payment arrangements with the
city for the collection and disposal of said items listed above utilizing
a commercial container.
(b)
Roll-offs in residential use.
A residential unit
may use a roll-off container for the removal of construction debris,
brush, et cetera. A residential unit shall not fill any roll-off container
with dirt, rock, masonry, or other similar materials that is greater
than one quarter (1/4) of the depth of the commercial container. A
container whereby a residential unit can discard lesser quantities
of items, also referred to as a "bagster," is not provided by the
city or franchise holder. A residential unit shall utilize a roll-off
container in lieu of a bag or "bagster."
(c)
Permit for large loads.
A unit or person producing
and disposing a volume of solid waste or recyclable material above
the quantity limitations prescribed for disposal mechanisms in this
article or within the franchise holder's contract requirements
shall apply for and receive a written permit from the city for collection
and disposal, at the unit's or person's expense, for the
removal of the solid waste or recyclable material under conditions
to be set out fully in said permit.
(Ordinance 22-0502 adopted 5/3/2022)
