(a) Refuse
accumulated in the City shall be collected, conveyed and disposed
of in accordance with applicable statutes, rules and regulations including,
but not limited to, §
31-15-401, C.R.S.
(b) No
person other than as authorized and otherwise in compliance with applicable
statutes, rules and regulations shall collect, convey over any of
the streets in the City, or dispose of, any refuse accumulated in
the City. The City shall have the sole and exclusive right to serve
and charge for service any and all residential customers of the City
existing as of April 9, 1994. Areas annexed on or after April 9, 1994,
may be served by the City or a private refuse provider in accordance
with §
30-15-401, C.R.S. This article shall not prohibit the actual
producer of refuse, or the owner or occupant of premises upon which
refuse has accumulated, from personally collecting, conveying and
disposing of such refuse provided such refuse is of a nature not normally
collectible or is in addition to the amount normally collected from
the producer and the disposal of such refuse is in compliance with
the provisions of this article and with any other applicable ordinance(s),
statute(s), rules and regulations. Hauling by the producer shall not
effect the obligation of residential refuse producer(s) or owner(s)
to pay the charges established by this article.
(Code 1994 § 30-26; Code 1965 § 14-3)
The City Manager shall have the authority to adopt regulations
concerning the days of collection, type and location of waste containers,
routes, safety and related matters and such other matters pertaining
to collection, conveyance and disposal of refuse as he shall find
necessary and to change and modify such regulations after notice as
required by law; provided, that such regulations are not contrary
to law.
(Code 1994 § 30-27; Code 1965 § 14-4)
Licenses referred to under this article shall be granted in accordance with Chapter
5.04 GJMC and under regulations established by the City Council. Such license shall be issued upon payment of a license fee as established by resolution of the City Council and on file in the City Clerk’s office for each refuse/recycling motor vehicle or truck which operates in or on the City rights-of-way. Such fee(s) shall be nonrefundable and shall be revocable upon violation of any regulation or ordinance of the City or other applicable law. Any person operating in the City without such license shall be guilty of a misdemeanor.
(Code 1994 § 30-28; Code 1965 § 14-5)
Whenever a solid waste account is created or is changed, a service
fee in the amount as established by resolution of the City Council
and on file in the City Clerk’s office shall be charged for
the creation or change of the account, unless at the same time water
or sewer service is being commenced or changed and a fee is being
charged therefor. Such account change fee shall be in addition to
any and all collection fees.
(Code 1994 § 30-29; Code 1965 § 14-6)
Any person aggrieved by the application of a regulation, or
fee charged by, or the decision made by the City may appeal to the
City Manager or his designee, who shall have the authority to confirm,
modify or revoke any such fee or decision or the application of a
regulation.
(Code 1994 § 30-30; Code 1965 § 14-7)
(a) Refuse.
Each producer of refuse shall, before placing
such refuse for collection, drain from the refuse all free liquids
and shall contain all refuse in an approved container.
(b) Cans and Bottles.
Each producer of refuse cans and bottles
shall thoroughly rinse and drain all such cans and bottles before
depositing them for collection.
(c) Trimmings and Clippings.
Each producer shall cut tree
trimmings, hedge clippings, and similar materials to lengths not to
exceed three feet before depositing such materials in a approved container
for collection.
(Ord. 2988, 3-5-97. Code 1994 § 30-31; Code 1965 § 14-8(a))
All refuse containers serviced by the City shall be approved
by the City. Containers for recyclables shall meet the requirements
and specifications established by the City Manager. The owner or producer
shall remove all noncomplying containers from service and from the
public rights-of-way.
(Ord. 2988, 3-5-97. Code 1994 § 30-32; Code 1965 § 14-8(b)(1))
Every refuse producer shall maintain his refuse containers in
sanitary condition. The City Manager shall have the authority to refuse
collection services and/or remove containers from service for failure
to comply with this article.
(Ord. 2988, 3-5-97. Code 1994 § 30-33; Code 1965 § 14-8(b)(2))
Ashes shall be contained in paper or plastic bags and shall
be cold. The generator of any hot ashes shall be liable for damages
including damages to any City-owned container.
(Ord. 2988, 3-5-97. Code 1994 § 30-34; Code 1965 § 14-8(b)(3))
Containers shall be kept on the owner’s or tenant’s
premises and off the City right-of-way except on the days of pickup.
(Code 1994 § 30-35; Code 1965 § 14-8(b)(4))
(a) No
person shall place any refuse in any street, alley or other public
place, or upon any private property whether owned by such person or
not, within the City, except in proper containers for collection or
under express approval granted by the City Manager or other authorized
City official. No person shall throw or deposit any refuse in any
stream, other body of water, or any place other than a lawfully designated
sanitary landfill site.
(1) Unauthorized Accumulations.
Any unauthorized accumulation
of refuse on any premises is hereby declared to be a public nuisance
and is prohibited.
(2) Scattering of Refuse.
No person shall cast, place, sweep
or deposit anywhere within the City any refuse in such a manner that
it may be carried or deposited by the elements upon any street, sidewalk,
alley, sewer, parkway, or other public place, or onto any premises,
occupied or not, within the City.
(3) Depositing Refuse in Container of Another.
No person
shall place or deposit his refuse in the container of another or in
a manner so that it will be collected as though it had been generated
by another.
(b) Refuse
containers shall:
(1) Be placed for collection at the ground level of the right-of-way
designated by the City Manager.
(2) Be accessible from the curb of the street or side of the alley from
which collection is made.
(4) Not be more than two feet from the traveled portion of the rights-of
way.
(5) Not be placed within three feet of any obstruction.
(c) City
solid waste equipment operators may not enter private property to
collect residential refuse. The City Manager may provide additional
services when extra payment is agreed upon by both parties for the
additional service rendered.
(Ord. 2988, 3-5-97. Code 1994 § 30-36; Code 1965 § 14-8(c))
(a) Limitation of Quantity.
(1) Residential.
The City shall collect from its customers
a designated volume of refuse not to exceed the volume of the container
during the collection period for a specified charge. Extra accumulations
or nonrefuse items may be collected upon request. The City shall have
the authority to refuse to collect extra accumulation of refuse and/or
nonrefuse items, or it may require additional charges for such amounts.
(2) Commercial.
The City shall collect from its customers
the amount of refuse agreed upon according to the weight, volume and
frequency of collections. The City may collect additional amounts
of refuse which shall require the payment of additional charges, which
additional charges shall be established by the City Manager.
(b) Special Refuse Problems.
(1) Contagious/Diseased Refuse.
No person shall deposit
or place for collection any garbage, refuse, rubbish or substance
or thing which is contagious, infectious, or contains any disease
producing item or thing regulated by the State Department of Health
including, but not limited to, those organisms, conditions, substances
or activities controlled in Title
25, C.R.S.
(c) Collection Practices.
(1) Requirements for Vehicles.
Persons who dispose of waste
material which is not refuse and all persons who haul refuse in the
City or over the streets in the City shall use a watertight hauling
area provided with a tight cover and operated so as to prevent offensive
odors escaping therefrom and to prevent refuse from being blown, dropped
or spilled.
(2) Disposal.
Disposal of refuse shall be made outside the
City limits, unless otherwise specifically authorized by the City
Manager. The City Manager shall have the authority to permit the disposal
of such material in a City sanitary landfill if one exists, provided
the charge(s) as provided in this article is paid.
(3) Rules and Regulations.
The City Manager shall have the authority to adopt such other regulations concerning collection and disposal, and/or relating to the hauling of refuse in or over the streets in the City, as he shall find necessary, subject to the right of appeal as set forth in GJMC §
8.28.070 and if otherwise in accordance with law.
(Code 1994 § 30-37; Code 1965 § 14-9)