As used in this article:
Garbage.
The various kinds of garbage shall be defined as follows:
(2)
Dry kitchen garbage
means dry kitchen refuse, all meat, vegetable and fruit refuse,
small dead animals, and dead fowls, from any premises within the city
limits.
(3)
Trash
means paper of all kinds, rags, old clothing, paper containers,
old rubber, pieces of wood, boxes, barrels, crates, feathers, weeds,
grass, and tree limbs from any premises within the city limits.
Premises
means business houses, boarding houses, theaters, hotels,
restaurants, cafes, eating houses, tourist camps, apartments, sanitariums,
rooming houses, schools, private residences, vacant lots and all other
places within the city limits where garbage, trash or rubbish accumulates
in ordinary quantities.
(Ordinance 70-7 adopted 6/18/1970; 1989 Code, sec. 9.221)
Any person, firm or corporation violating any of the provisions of this article shall be deemed guilty of a misdemeanor and upon conviction shall be fined in any sum in accordance with the general penalty provided in section
1.01.009 of this code, and each day the violation continues shall constitute a separate offense.
(Ordinance 70-7 adopted 6/18/1970; 1989 Code, sec. 9.226; Ordinance adopting 2024 Code)
It shall be the duty of every person, firm or corporation owning,
managing, operating, leasing or renting any premises, or any place
where “kitchen garbage” accumulates, to provide a portable
garbage can constructed of galvanized iron, tin, or other suitable
metal, with a tightfitting cover, and the daily accumulation of kitchen
garbage and dry kitchen refuse shall be placed in this refuse garbage
can. The minimum capacity of garbage cans for residential use shall
be five (5) gallons and the maximum capacity thirty (30) gallons.
(Ordinance 70-7 adopted 6/18/1970; 1989 Code, sec. 9.222(a))
It shall also be the duty of every person, firm or corporation
owning, managing, operating, leasing or renting any premises to place
all trash and rubbish from said premises in boxes, sacks, or barrels
or other receptacles of reasonable size, provided that the gross weight
does not exceed seventy-five pounds (75 lbs.). Garbage cans, boxes,
sacks or barrels of trash and rubbish and tree limbs (which shall
be cut into lengths not exceeding four feet) shall, where an alley
is accessible, be placed inside the property line at the edge of the
alley, where there are no fences; where there is a back fence, garbage
cans, boxes, sacks, or barrels of trash, rubbish and tree limbs shall
be placed inside the curb line of the street, on the day of collection
only. Where there is no curb within two feet of the driving surface,
trash and rubbish shall be placed as close to the street as practical
without being placed on the improved driving surface of the street.
(Ordinance 70-7 adopted 6/18/1970; 1989 Code, sec. 9.222(b))
The places of wholesale accumulations, such as killing and dressing
plants for fowl, and wholesale fruit and vegetable houses, where the
daily accumulation of kitchen garbage, trash and rubbish is more than
the ordinary quantities, shall make special arrangements with the
city garbage department or its contractor for garbage collection for
more frequent pickup of such.
(Ordinance 70-7 adopted 6/18/1970; 1989 Code, sec. 9.222(c))
Heavy dead animals, such as cows, horses, and mules, shall be
disposed of at the expense of the owner or person having same in charge
in the manner and by the method directed by the designated official.
(Ordinance 70-7 adopted 6/18/1970; 1989 Code, sec. 9.222(d))
Heavy accumulation 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 under the direction
of the designated official.
(Ordinance 70-7 adopted 6/18/1970; 1989 Code, sec. 9.222(e))
Manure from cow lots, horse stables, poultry yards, and pigeon
lofts, and waste oils from garages or filling stations, shall be disposed
of at the expense of the party responsible for same under the direction
of the designated official.
(Ordinance 70-7 adopted 6/18/1970; 1989 Code, sec. 9.222(f))
(a) Improper preparation or placement of waste.
The city
garbage department or its contractor for garbage services will not
make collection of kitchen garbage, trash, or rubbish or tree limbs
where same is not prepared for collection and placed as designated
by the terms of this article, and failure to comply with this provision
will be an offense, and each day’s failure to comply with this
will constitute a separate offense.
(b) Placing waste in street or alley.
The placing of kitchen
garbage, trash or rubbish or any article, thing or material into any
street or alley within the city limits is prohibited.
(c) Burning waste.
The disposal or burning of kitchen garbage, trash or rubbish and that designated under section
12.03.006,
12.03.007, or
12.03.008 of this article or any kind of rubbish in any place within the city limits is prohibited.
(d) Meddling with containers or contents.
The meddling with
garbage cans, trash or rubbish receptacles or in any way pilfering,
scattering contents or junking in any alley or street within the city
limits is prohibited.
(e) Unlawful collection.
The collection of garbage, trash or rubbish or any kind of junk within the city limits is prohibited except as provided for in section
12.03.005,
12.03.006,
12.03.007 and
12.03.008 of this article.
(Ordinance 70-7 adopted 6/18/1970; 1989 Code, sec. 9.223)
Garbage cans shall be kept in a sanitary condition and closed
tightly. The contents of all receptacles shall be so protected that
the wind cannot blow out the contents and scatter same over the streets,
alley or premises of the city.
(Ordinance 70-7 adopted 6/18/1970; 1989 Code, sec. 9.224)
(a) Frequency of collection.
In the business district and
from hotels, restaurants, cafes, boarding houses, sanitariums, and
tourist camps, collection will be made as required. In the residential
districts, kitchen garbage, trash and rubbish shall be prepared for
collection to be made twice per week, or as often as may be necessary
to comply with sanitary regulations of the city, the time of such
collections to be announced by the designated official.
(b) Fees established; payment.
There shall be charged, assessed and collected through the water department from each unit dwelling, firm or corporation within the city limits the monthly service charges for garbage, refuse, trash, and rubbish collection and disposal set forth in the fee schedule in appendix
A of this code. The charges shall be paid each month and within ten (10) days from the date of the monthly bill; otherwise the service shall be discontinued. Cost is determined by how many dumpsters each customer has and how many times the dumpsters are emptied per week.
(c) Service rate classification.
All garbage disposal service
provided by the city utilities shall be designated by the following
rate schedules with descriptions, rates and conditions of service
as indicated:
(1) Garbage disposal cart service.
(2) Garbage disposal dumpster service.
Each person using the garbage disposal service within the city and who receives garbage disposal service from and through the same shall be liable to the city for monthly garbage disposal service charges specified in the fee schedule in appendix A of this code.
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(d) Rate classification administration and assignment.
(1) Upon request for garbage disposal service from a prospective customer,
the city administrator, or his designee, shall assign the appropriate
rate classification for garbage disposal service to the applicant
requesting service. This assignment may be based upon information
provided by the applicant, or other information available at the time
the assignment is made.
(2) If a customer receiving garbage disposal service changes the nature
or character of the service requirements, then the city administrator
or his designee shall, upon review of the information available pertaining
to the revised garbage disposal service requirement, reassign the
customer to the appropriate rate schedule.
(3) If a prospective or existing customer is eligible to receive garbage
disposal service under more than one of the city’s rate schedules,
or if the rates charged are unduly burdensome as a result of the customer’s
technical qualification for a specific rate schedule, then the city
administrator, or his designee, shall assign the most appropriate
rate schedule for garbage disposal service after consideration of
the various service requirements, potential impact on the city’s
facilities, the potential relative costs of serving the customer,
and other available pertinent information.
(e) Sales tax.
All bills shall be adjusted by the amount
of any sales tax or other tax attributable to the sale of garbage
disposal service to the consumer unless the consumer has previously
provided to the city satisfactory proof of exemption.
(f) Terms of payment.
The rates and charges specified in
the fee schedule are net. Each bill for service is due within fifteen
(15) days after issuance unless such day falls on a holiday or weekend,
in which case payment is due on the next business day. If full payment
is not received at the city’s offices or other approved payment
location on or before the due date, all of the customer’s utility
services will be considered delinquent and subject to disconnection,
and the customer shall pay gross rates for all utility services, where
such gross rates for delinquent payments are 5 percent (5%) higher
than the net rates.
(Ordinance 70-7 adopted 6/18/1970; 1989 Code, sec. 9.225; Ordinance 2014-06, secs. 1, 2, 6, 7, adopted 6/9/2014; Ordinance adopting 2024 Code)