A person, firm or corporation holding a franchise for garbage
collection in the city.
Mobile.
A vehicle with enclosed body containing mechanical devices
that convey solid waste into the main compartment of the body and
compresses it.
Stationary.
Any machine that reduces the volume of solid waste by forcing
it into a container.
Includes waste resulting from the construction, renovation,
repair, or demolition of buildings or other structures that contain
recyclable material, but does not include putrescible wastes, hazardous
waste, or asbestos.
Includes all sorts of waste and animal and vegetable matter,
rubbish, trash, debris, ashes, tin cans and other waste matter and
shall embrace all articles ordinarily collected and dumped for the
purpose of the cleanliness and health of the city, including animal
carcasses on the street of the city. Garbage and refuse as defined
herein shall include all waste and materials whether recyclable or
not which have been mixed with garbage, refuse or waste which is not
recyclable or intended for recycling and have not been separated therefrom
at the source of such garbage, waste and refuse.
A facility permitted by the State of Oregon to accept non-source
separated materials for the purposes of recycling by using manual
and/or mechanical methods or at which source separated materials are
collected.
A process by which solid waste materials are transferred
into new or reusable products in such a manner that the original products
may lose their identity, or the materials to be so processed and used.
It shall not include, however, any putrescible waste.
A person, firm or corporation hauling or carrying garbage
or refuse through or over the streets, who does not pick up, carry
or dispose of garbage originating or terminating in the city.
Grass clippings, hedge trimmings, branches and limbs less
than eight inches in diameter, and other vegetative waste generated
from residential property or landscaping activities, but shall not
include tree stumps, root wads, or poisonous vegetation.
[Section 4.400 amended by Ordinance No. 5865, enacted November 17, 1997; further amended by Ordinance No. 6382, enacted June 4, 2018]
(1)
Nothing
in this section is to be construed, however, to prevent any resident
or householder of the city from hauling his or her own garbage or
refuse and disposing of the same in a lawful manner.
[Section 4.402 amended by Ordinance No. 6382, enacted June 4, 2018]
(1)
It shall be unlawful for any person other than the collector of garbage and refuse franchised by the city, to haul, carry or dispose of garbage or refuse within the city, except as provided in sections 4.400 to 4.430.
(a)
This
subsection shall apply to construction project drop box service.
(c)
This
prohibition further shall not apply to any person, firm or corporation
purchasing recyclable waste products from a source of such materials
even though mixed with garbage, refuse, waste or materials not suitable
or intended for recycling under a contract entered into prior to the
19th day of February, 1979 (effective date of this amendment).
(2)
The
provisions of this section prohibiting the hauling, carrying or disposing
of garbage and refuse other than by the collector of garbage refuse,
shall apply to the boundaries of the city as they existed on February
10, 1969, and to any areas hereafter that may be annexed to the city
as of the effective date of annexation.
(a)
No
person shall be considered as actually providing garbage collection
service to customers unless such service is actually being furnished
on a regular basis to permanent businesses, industries and/or occupied
residences located within any area involved.
(b)
All
of the provisions of this article pertaining to collection service
and applying to the collector of garbage and refuse and including,
but not limited to, rates, shall also apply to any licensee under
this section.
(3)
Any
person hauling garbage over the streets of the city shall be required
to convey the same in a covered or tightly closed vehicle to prevent
the scattering of the same upon the streets of the city.
(4)
In the
event that wet garbage or liquids are hauled, they shall be hauled
in such containers and in such a manner as to prevent them from spilling,
leaking or dripping upon the streets.
[Section 4.404 amended by Ordinance No. 6309, enacted February 3, 2014]
(1)
The
collector of garbage and refuse is to make collections of garbage
and refuse throughout the business area of the city as required by
the council and at least weekly collections in all the residential
districts of the city. The collection of offensive or wet garbage
in the business district shall be completed by the hour of 11:00 a.m.
on each day set for collecting the same. Between the hours of 5:00
p.m. and 8:00 p.m. on all days which precede legal holidays, the collector
shall collect the garbage from all butcher shops and other establishments
having garbage which may become foul or offensive by being kept over
the ensuing holiday. In addition to the foregoing, the collector is
to respond to all calls for special hauling not later than 48 hours
from the date of receiving the call.
(2)
The
collector of garbage shall provide collection of yard debris to residential
customers in months designated by the public works director or designee.
Such designation shall be made not more than twice annually, with
at least 30 days’ written notice to the collector of garbage.
Each customer shall be charged a rate fixed by the collector of garbage
and approved by resolution of the council.
[Section 4.406 amended by Ordinance No. 5865, enacted November 17, 1997]
(1)
Charges for the collection of garbage and refuse as established herein shall be payable monthly in advance. In the event that any person fails to pay the collector of garbage and refuse for the services rendered by the collector for a period of 45 days, then the collector may prepare a statement to that effect, and to the effect that he or she is terminating the service to such person and shall deliver a copy thereof to the city manager. The city shall thereupon have the burden of seeing to it that such person for whom the service is terminated disposes of his or her garbage in accordance with the terms of sections 4.400 to 4.430. The collector shall have no duty to commence serving such person again until the collector shall have been reimbursed for the delinquent payments.
(2)
Maximum rates to be charged for the collection of garbage and refuse for a month shall be set by resolution of the council. In the event that resident or householder does not wheel the rolling cart to curb side as required by section 4.410(5)(b), licensee may charge rates specified for three cans.
(3)
There
may be added to the maximum rates hereinabove set forth, an additional
charge to provide recovery for the imposition of Lane County disposal
system and benefit fees upon the hauler by Lane County. Such additional
charge may be imposed by the hauler commencing on the date any such
charge is imposed upon the hauler. Such additional charge shall not
exceed the following:
(a)
For
commercial customers, number of weeks per month times the number of
pickups per week times the size of the receptacle in cubic yards (32
gallon can = .1584 cubic yards) times the cost to the hauler imposed
by Lane County.
(b)
For
residential customers, number of weeks per month times the number
of pickups per week times the average weight of cans of the size used
by the customer, as such average may be determined by periodic surveys
conducted by the collector and reviewed by the city.
(c)
An
additional charge equal to the county charge to the hauler may be
imposed for special waste.
(4)
The
charge for removal of compacted waste shall be set by resolution of
the council. Compacted waste is defined as waste weighing 500 pounds
or more per cubic yard.
If customer and franchisee disagree as to the weight, franchisee
will conduct weighing of waste. If weight is less than 500 pounds
per cubic yard, franchisee will pay the cost of weighing. If the weight
is 500 pounds or more per cubic yard, customer will pay the cost of
weighing.
[Section 4.408 amended by Ordinance No. 5930, enacted July 19, 1999]
(1)
Except as provided in subsection (5) herein below, it shall be the duty of each person desiring the services of the collector of garbage refuse in the removal of any garbage, nuisance material or other accumulation, to furnish his or her own receptacle.
(a)
Receptacles
may be a closed can, box, or other receptacle which complies with
the requirements of subsection (2); provided however, if resident
or household utilizes a plastic garbage can, licensee is not responsible
for cracks and breakage occurring as a result of normal fair wear
and tear or climate conditions.
(b)
No
resident or householder shall use any receptacle for this purpose
other than a standard garbage can not in excess of 32 gallons capacity.
No resident or householder shall use any sunken receptacle.
(2)
No person
shall permit or suffer any refuse, decaying vegetable or other decaying
substance, or abandoned refuse matter that accumulates in the preparation
of food for the table, or any garbage of any kind, to be or remain
in or about any house, yard, lot, place or premises owned or occupied
by him or her except for the time, and under the conditions and regulations
as continued in this article, and unless the same be kept in a closed
can, box, or other receptacle in such a manner that there shall be
no leakage of the contents thereof, and in such condition and manner
that no offensive smell or atmosphere shall obtain or be created to
the extent that the same may thereby cause or become a public nuisance,
or affect or endanger the rights or health of any person whatsoever.
(3)
No person
shall overload containers beyond the point where covers can securely
be replaced.
(4)
Standard
32 gallon garbage cans shall not exceed 60 pounds in weight when full.
If the container is overweight, licensee will not empty the container
and will leave notification to the customer of the overweight limit.
(5)
Licensee
may offer weekly mechanized curb side residential service as follows:
(a)
Licensee, for the fees provided for in section 4.408, may provide rolling cart over-sized garbage receptacles. This service is not a requirement for either licensee or resident or homeowner, but may be offered upon the mutual agreement of the licensee and the resident and homeowner. In providing this service, licensee shall provide the opportunity to recycle as set forth in subsection (7) of this section.
(b)
90-gallon
rolling cart receptacles shall not exceed 200 pounds in weight when
full. If container is overweight, licensee will not empty the container
and will leave notification to the customer of the overweight limit.
The resident or householder is responsible for wheeling the rolling
cart oversized garbage receptacles to the curb side. No receptacles
shall be placed in the street right-of-way.
(c)
Weekly
curb side residential mechanized cart service fees shall be set by
resolution of the council. In the event that resident or householder
does not wheel the rolling cart to curb side as required by subsection
(b) of this section, licensee may charge rates specified for “3
cans.”
(6)
Licensee
may offer additional weekly mechanized curb side residential service
as follows:
(a)
Licensee for the fees provided for in section 4.408(2), may provide for 60-gallon rolling cart garbage receptacle service which is not a requirement for either licensee or resident or homeowner but may be offered upon the mutual agreement of the licensee and the resident and homeowner. In providing this service, licensee shall provide the opportunity to recycle as set forth in subsection (7) of this section.
(b)
The
resident or householder is responsible for wheeling the 60-gallon
rolling cart garbage receptacle to the curb side. No receptacles shall
be placed in the street right-of-way.
(7)
Licensee shall provide the opportunity to recycle to all customers which shall at all times comply with the requirements of ORS 459A.005—459A.085 (former ORS 459.165— 459.200) and ORS 459.250, including utilization of the required elements contained in ORS 459A.007, and the provision of at least one recycling container to each owner or operator of a rental as defined in section 7.340 of this code, together with all applicable rules and regulations promulgated thereunder by the Oregon Department of Environmental Quality.
[Section 4.410 amended by Ordinance No. 6070, enacted December 1, 2003; further
amended by Ordinance No. 6382, enacted June
4, 2018]
All garbage shall be wrapped in paper or placed in paper sacks
before being placed in any garbage can for collection.
No person shall fill refuse containers with dishwater or other
liquid or semiliquid kitchen waste, which is properly disposable down
the sanitary drains.
It is hereby made unlawful for any person in the city to permit or suffer any of the substances which are described or referred to in section 4.410, and for which he or she is responsible, to be or remain in or upon the premises owned, occupied, or controlled by him or her for a period of longer than seven days in any event. This limitation of seven days shall be subject to the further provision that none of such substances, as described or referred to in section 4.410, shall be allowed to be or remain in or about any place or premises longer than a reasonable time, which reasonable time may be determined by the nature of the decaying matter, garbage, or other substance referred to in sections 4.400 to 4.430 and with a view of protecting the public safety and health.
No person shall remove, transfer, take or haul through or over any of the streets of the city, or pick up, collect or accept for collection within the city, or burn out of doors, or bury or dispose of any manner, any garbage, refuse, or other substances described by name or referred to in sections 4.400 and 4.404 of this code, except those persons duly licensed or franchised therefor, whose duty it may be or shall become to thus remove, handle, pick up or convey all of the substances described or referred to herein, within, over, or upon any of the streets or public places of the city.
(1)
No license
shall be required of the franchisee.
(2)
All other persons shall obtain a license from the city as provided in sections 7.280 through 7.294 of this code. Only those persons authorized by section 4.404(2) to make collections, haul, carry or dispose of refuse within the city shall be issued a license. The license fee shall be set by resolution of the council.
(3)
No license
shall be required of a transient hauler.
(4)
Nothing
herein contained shall prevent the burning of leaves and dry rubbish
if a permit to do so is obtained from the city and if such burning
is authorized or allowed by the regulations adopted by the Lane Regional
Air Protection Agency and consistent with the requirements of the
Fire Code.
[Section 4.418 amended by Ordinance No. 6216, enacted February 22, 2008; further amended by Ordinance No. 6321, enacted June 16, 2014]
The collector of garbage and refuse shall report all filth,
dirt, garbage and miscellaneous refuse to the city authorities and
use every means within his or her command to assist in maintaining
a clean, healthful and sanitary city.
The collector of garbage and refuse shall keep a sufficient
record of accounts so that all disputes with reference to billing
and payment may be resolved at least to the extent that the collector
shall have evidence for the position taken by him or her in the event
of any dispute.
The collector of garbage and refuse shall perform all of his
or her work under the supervision and to the satisfaction of the city
and shall agree that he or she will comply with all of the sanitary
regulations of the city and of the state.
It shall be unlawful for any person to place or deposit in any
unsanitary manner upon public or private property within the city
any human or animal excrement, garbage, or other objectionable waste,
or to permit any such substance to remain so deposited on property
under his or her control.
It shall be unlawful for any person to throw, dump, place, deposit
or drain, or permit to be drained upon the land or property of another,
without the permission of the owner, or upon any public property,
road, highway, street, alley or any easement used by the public, any
cans, glass, nails, tacks, broken dishes or crockery, carcass of any
dead animal, old clothing, old automobile tires or parts, boards,
metal or any sort of garbage, rubbish, trash, debris, or refuse, or
any sewage or the drainage from any cesspool or septic tank, or any
substance which would mar the appearance, create a stench or detract
from the cleanliness or safety of such property, public or private,
road, highway, street, alley or easement. It shall further be unlawful
for any person to place any of the foregoing materials in any receptacle
for such materials belonging to or upon the land of another without
the consent of the owner of the land and receptacle.
[Amended by Ordinance No. 6299,
enacted October 7, 2013]
Yard debris shall be collected in customer supplied containers,
bags, or bundles measuring not more than four feet in length and two
feet in diameter. The collector shall not be required to collect any
container not left at the curb nor any container whose weight exceeds
60 pounds, provided that the collector shall advise any customer of
any container that is not collected by reason of excessive weight.
Disposal of the contents of such container shall be the responsibility
of the customer.
The total number of bundles per residential site shall not exceed
five. Bundles shall be free of contaminants such as dirt, rocks, metal
or other non-vegetative waste.
Yard debris shall be disposed of at a facility registered with
the Oregon Department of Environmental Quality. The collector shall
maintain records oft he or she quantity of yard debris collected,
which shall be provided to the city with the annual report.
[Section 4.432 added by Ordinance No. 5865, enacted November 17, 1997]
