The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Clean woody vegetative material not greater than six inches
in diameter that result from landscaping maintenance. The term does
not include stumps, roots, or shrubs with intact root balls.
Any item of solid waste measuring in excess of either forty-eight
(48) inches in length or fifty (50) pounds in weight, including, but
not limited to, refrigerators, stoves, washing machines, water tanks,
white goods, chairs, couches and other similar household items.
Items of solid waste not measuring in excess of forty-eight
(48) inches in length and fifty (50) pounds in weight, and which are
securely fastened together, including, but not limited to, brush and
tree trimmings.
Tying, taping, strapping, or wrapping items such as cardboard
and wooden shipping containers, wooden boxes, cartons, crates, or
other pre-shaped packaging materials, in a secure manner suitable
for handling by the collection person.
A receptacle provided by the city's franchised solid
waste collection contractor constructed of fiberglass or plastic with
a volume of 96 gallons and utilized by a single-family residential
unit for collecting garbage and trash.
The solid waste collection contractor who has entered into
a franchise agreement with the city to be the sole and exclusive provider
of residential and nonresidential solid waste collection services
in the city.
A receptacle provided by the city's franchised solid
waste collection contractor and utilized by a nonresidential or multifamily
residential unit for collecting garbage and trash and designed to
hold between thirty (30) gallons and forty (40) cubic yards of garbage
and trash.
Solid waste that is putrescible, animal and vegetable waste
materials from the handling, preparation, cooking, or consumption
of food, including waste materials from markets, storage facilities,
and the handling and sale of produce and other food products.
Solid waste identified or listed as a hazardous waste by
the administrator of the United States Environmental Protection Agency
under the Federal Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act (42 U.S.C. section 6901 et seq.).
Solid waste collection services provided to a multifamily
residential unit.
Any residential dwelling that is designed for, and inhabited
by, multiple-family units.
Any solid waste collection service that is not provided to
a single-family residential unit or multifamily residential unit.
The actual fee holder of the title to real property and does
not include tenant, lessee or subleases.
Includes both singular and plural and shall mean and embrace
any individual person, association, governmental entity, corporation,
or other legal entity and their respective agents, servants and employees.
Places of business, offices, theaters, hotels, apartments,
schools, residences, vacant lots and all other places within the city
where garbage or trash accumulates.
Solid waste collection service provided to a single-family
residential unit.
A dwelling unit that is designed for, and inhabited by, a
single person or family unit.
The business of removing garbage or trash from any premises.
Nonputrescible solid waste (excluding ashes), consisting
of both combustible and noncombustible waste materials. Combustible
trash includes paper, rags, cartons, wood, wood shavings, furniture,
rubber, plastics, and brush; noncombustible trash includes glass,
crockery, tin cans, aluminum cans, metal and similar materials that
will not burn at ordinary incinerator temperatures. The term does
not include grass clippings or leaves.
Any item measuring in excess of either three (3) cubic feet
or fifty (50) pounds in weight and that is manufactured primarily
from metal, including, but not limited to, a bath tub, heater, hot
water heater, refrigerator, sink or washer and dryer.
(Ordinance 23-154 adopted 1/23/2023)
It is unlawful for any person to sweep, throw or deposit garbage
or trash upon or along any drain, gutter, alley, sidewalk, street,
drainage easement, public right-of-way or vacant lot, or upon any
publicly or privately-owned premises within the corporate boundaries
of the city.
(Ordinance 23-154 adopted 1/23/2023)
Residents wishing to use commercial solid waste garbage and
trash collection services must contact the city's franchise service
provider to apply for services. Any changes to services must also
be coordinated directly with the service provider.
(Ordinance 23-154 adopted 1/23/2023)
(a)
Collection optional.
Every person who owns, occupies
or controls any premises in the city shall have the option to have
all accumulated garbage and trash removed from the premises by the
city's franchised solid waste collection contractor.
(b)
Duty of occupant.
Every occupant of premises in
the city who chooses to have their garbage and trash collected by
the city's franchised solid waste collection contractor shall
prepare garbage and trash for disposal and shall subscribe to and
use the city's franchised solid waste collection contractor as
the sole and exclusive provider of solid waste disposal in the city.
(c)
Collection by city's franchised solid waste collection
contractor only.
The city's franchised solid waste
collection contractor shall be the sole and exclusive provider of
residential solid waste collection service in the city. It shall be
an offense for any other person or entity to provide residential solid
waste collection or disposal services to any person or entity for
compensation within the city, or to make use of the public streets
for that purpose.
(Ordinance 23-154 adopted 1/23/2023)
(a)
Placement of garbage and trash.
Except as provided in subsection (b) of this section, every recipient of single-family residential garbage collection, in preparing garbage and trash for disposal and collection, shall place such garbage and trash in disposable garbage bags manufactured for the purpose of containing garbage and trash and shall place such bags in a cart within five (5) feet of the curbside of the residence, on or near a common property line, to facilitate the efficient collection of garbage and trash. Recipients of single-family residential garbage collection must place their cart at least three feet (3') from all obstructions, including, without limitation, vehicles, mailboxes, utility poles or boxes, and yard ornaments.
(b)
Bundling.
If a single-family residential occupant's trash, garbage or brush is of such a nature that it cannot be put into the garbage bags and cart described in subsection (a) of this section, it shall be placed in bundles by tying, taping, strapping, or wrapping, in a secure manner suitable for handling by the person collecting such material, provided that in no case shall the bundle exceed 50 pounds in weight or be greater than four (4) feet in length.
(c)
Schedule.
Every occupant of a single-family residential unit choosing to participate in the city's garbage collection service shall place garbage and trash at the location specified in subsection (a) of this section on the days such material is scheduled for pickup by the city's franchised solid waste collection contractor. Failure to meet such a schedule on the part of the occupant forfeits the collection service for the occupant on that day. It is the responsibility of every person whose garbage and trash is to be collected to become familiar with the scheduled garbage pickup days for such person's location.
(d)
Curbside placement time restriction.
Recipients
of single-family residential garbage collection shall place their
cart at curbside no later than 7:00 a.m. on the scheduled collection
day. Recipients of single-family residential garbage collection shall
not allow garbage or trash, contained as designated herein, to remain
at curbside or on or near a common property line, for a period longer
than twelve (12) hours prior to the start of solid waste collection
operations on the next collection date, regardless of the reason.
It shall be the responsibility of such person to retrieve and store
said garbage until the next appropriate pickup or collection date,
at which time it may be returned to the designated collection point.
(e)
Damaged carts.
In the event a cart becomes damaged
by the weather or animals, or other cause, and the cart is damaged
to the point of losing its garbage-carrying capability, as determined
by the city's franchised solid waste collection contractor, neither
the city nor the city's franchised solid waste collection contractor
shall assume responsibility for the collection of the garbage contained
in such cart.
(f)
Bulky items and bundles.
The city's franchised
solid waste collection contractor will collect up to one (1) cubic
yard total of bulky items and bundles from a single-family residential
unit once per week on the day of regularly scheduled collection. A
recipient of single-family residential garbage collection may not
place more than one (1) cubic yard of bulky items and bundles at curbside
on the scheduled collection day and may not place such items outside
of the timeframes required for the placement of a cart. The city's
franchised solid waste collection contractor will collect up to three
(3) cubic yards of bulky items and bundles from a residence once per
calendar month on request by the owner or occupant of the residence.
Bulky items and bundles that do not comply with this section will
not be collected. White goods containing refrigerants will not be
collected unless such white goods have been certified in writing by
a professional technician to have had all refrigerants removed. Recipients
of single-family residential garbage collection may not place white
goods at curbside in violation of this section.
(Ordinance 23-154 adopted 1/23/2023)
(a)
Collection by city's franchised solid waste collection
contractor only.
The city's franchised solid waste
collection contractor shall be the sole and exclusive provider of
nonresidential and multifamily residential solid waste collection
service in the city. It shall be an offense for any other person or
entity to provide nonresidential solid waste collection or disposal
services to any person or entity for compensation within the city,
or to make use of the public streets for that purpose, except as may
be otherwise provided in this article.
(b)
Collection optional.
Every person who owns or
controls any nonresidential or multifamily residential unit in the
city shall have the option to have all accumulated garbage and trash
removed from the premises by the city's franchised solid waste
collection contractor.
(c)
Placement.
All recipients of nonresidential and multifamily residential garbage collection from the city's franchised solid waste collection contractor shall place all garbage in containers described in subsection (d) of this section curbside to facilitate the efficient collection of garbage and trash.
(d)
Containers.
Every recipient of nonresidential and multifamily residential garbage collection service from the city's franchised solid waste collection contractor may use disposable garbage bags as specified in section 12.05.005(a) of this article. In addition, such nonresidential and multifamily residential customers shall use containers provided by the city's franchised solid waste collection contractor for the collection of nonresidential and multifamily residential garbage volumes. The city's franchised solid waste collection contractor is not obligated to collect garbage or trash not contained in compliance with this article and neither the city nor the city's franchised solid waste collection contractor shall be liable for the failure to remove and dispose of the same.
(e)
Schedule.
All recipients of nonresidential and
multifamily garbage collection shall place garbage and trash at the
appropriate collection point prior to collection on the days such
material is scheduled for pickup by the city's franchised solid
waste collection contractor. Failure to meet such a schedule on the
part of the recipient of nonresidential garbage forfeits the collection
service for the customer on that day. It is the responsibility of
every person whose garbage and trash is to be collected to become
familiar with the scheduled garbage pickup days and collection points
for such person's premises.
(f)
Bulky items and bundles.
Nonresidential and multifamily
residential solid waste collection does not include collection of
bulky items or bundles, and it shall be lawful for any person to place
such items at the collection points for collection. However, the city's
franchised solid waste collection contractor may negotiate an agreement
on an individual basis with the owner or occupant of a nonresidential
property or multifamily residential unit regarding the collection
of such items.
(Ordinance 23-154 adopted 1/23/2023)
(a)
Offense.
A person commits an offense if the person
removes any item from a garbage container, trash receptacle, or holding
facility which has been placed on the curbside of any residence or
at the designated collection location of any business. The meddling
with garbage containers or trash receptacles of any kind or pilfering
from or the scattering of the contents of any garbage container within
the city is prohibited.
(b)
Exceptions.
The provisions of subsection (a) of this section shall not apply to:
(1)
City employees who may be required to take such action in order
to provide city services or protect the public health, safety or welfare;
(2)
Persons employed by the city's franchised solid waste collection
contractor;
(3)
The owner or occupier of the real property on which the garbage
container is placed; and
(4)
Governmental entities, including all political subdivisions
of the state.
(Ordinance 23-154 adopted 1/23/2023)
Garbage and trash collection provided by the city's franchised
solid waste collection contractor shall be made as often as necessary
to comply with the sanitary regulations of the city as set forth in
the city's franchise agreement with such contractor.
(Ordinance 23-154 adopted 1/23/2023)
(a)
Garbage and trash collection only for property within city
limits.
The city's garbage collection service shall
only be provided to real properties located within the corporate limits
of the city.
(b)
Items not collected by city.
The city's franchised
solid waste collection contractor will not collect the following types
of material or trash:
(1)
Manure from cow lots, horse stables, poultry yards, pigeon lofts,
and other related barn or farm type use, and waste greases and oils
from garages, service stations, or industrial firms shall be disposed
of by the owner and at the owner's expense, according to the
sanitary regulations of the city;
(2)
Paint and other household hazardous waste, greases, oils, and
auto parts (including tires and batteries) and any other hazardous
waste;
(3)
Debris from the demolition of a residential or commercial structure;
and
(4)
White goods such as refrigerators, freezers, dehumidifiers,
air-conditioning units, and other appliances containing CFCs (chlorofluorocarbons)/HCFCs
(hydrochlorofluorocarbons). These items shall not be collected until
the owner or occupant of the property has provided proof to the city's
franchised solid waste collection contractor that the CFCs/HCFCs have
been removed from the appliance by a licensed technician.
(Ordinance 23-154 adopted 1/23/2023)
(a)
Garbage collection fees.
All recipients of residential,
nonresidential, and multifamily residential garbage collection services
shall be charged and shall pay a collection fee for the services rendered
by the city's franchised solid waste collection contractor regardless
of the amount of garbage, trash, brush or debris actually collected
from the person. The amount of the fee shall be established in the
city's franchise agreement with the city's franchised solid
waste collection contractor.
(b)
Delinquent accounts.
If payment to the contractor
of the garbage collection fees is delinquent, the contractor may suspend
garbage collection services for the delinquent location.
(Ordinance 23-154 adopted 1/23/2023)
The city council shall enter into a franchise agreement with
a solid waste disposal contractor who shall be the sole and exclusive
provider of residential and nonresidential solid waste collection
and disposal services in the city. The franchise agreement may contain
provisions which include but are not necessarily limited to the type
of vehicles to be used in collection, the number of pickups required
per week, the method and route for transporting the collection, appropriate
disposal locations, identification and marking of trucks and solid
waste containers, the amount and method of payment of franchise fees
to the city by the contractor and the types and amounts of fees which
may be charged to customers for residential, nonresidential, and multifamily
residential solid waste collection and disposal services. Such provisions
may also include minimum insurance requirements, indemnification of
the city by the contractor, requirements to furnish information to
the city, procedures and grounds for revocation of the franchise agreement
and other provisions which the city council may consider appropriate.
Nothing contained in such franchise agreement shall, however, be deemed
to waive or surrender the city's police powers and such agreement
shall reserve to the city the right to adopt reasonable ordinances,
rules and regulations to protect the public health, safety and welfare.
(Ordinance 23-154 adopted 1/23/2023)
The collection or disposal of any garbage or trash in the city
in any manner other than as specified in this article is strictly
prohibited and is deemed a violation of this article, except that
an owner or occupant of a premises may collect, haul, and dispose
of solid waste from the owner or occupant's own premises if the
owner or occupant chooses not to receive garbage collection services
from the city.
(Ordinance 23-154 adopted 1/23/2023)
