For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning. For the purposes of this chapter the following terms, phrases, words, and their derivations, shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
"ASHES." The residue from the burning of wood, coal, coke, or other combustible materials.
"BUILDING MATERIALS." Materials such as lumber, brick, plaster, guttering, or other substances accumulated as a result of repairs or additions to existing buildings, construction of new buildings or demolition of existing structures.
"CITY." City of Albemarle, North Carolina.
"COMMERCIAL AND BUSINESS UNIT." Any building or structure in or from which a business, trade, or commerce is conducted.
"CONSTRUCTION OR DEMOLITION MATERIAL." Waste building materials resulting from construction, remodeling, repair or demolition operations.
"CONTRACT DOCUMENTS." The request for proposals, instructions to proposers, contractor's proposal, general specifications, the contract performance bond and any addenda or changes to the foregoing documents agreed to by the city and the contractor.
"CONTRACTOR." The person, corporation or partnership performing solid waste collection services under contract with the city.
"DIRECTOR." The Director of Public Works of the city.
"DISPOSAL SITE." A refuse depository including but not limited to sanitary landfills, transfer stations and waste processing/separation centers licensed, permitted or approved by all governmental bodies and agencies having jurisdiction and requiring such licenses, permits or approvals to receive refuse for processing or final disposal.
"GARBAGE." Every accumulation of waste (animal, vegetable and/or other matter) that results from the preparation, processing, consumption, dealing in, handling, packing, canning, storage, transportation, decay or decomposition of meats, fish, fowl, birds, fruits, grains or other animal or vegetable matter (including, but not by way of limitation, used tin cans and other food containers; and all putrescible or easily decomposable animal or vegetable waste matter which is likely to attract flies or rodents); except (in all cases) any matter included in the definition of construction debris, household trash, yard waste, or hazardous waste.
"HAZARDOUS WASTE." Waste, in any amount, which is defined, characterized or designated as hazardous by the United States Environmental Protection Agency or appropriate state agency by or pursuant to federal or state law, or waste, in any amount, which is regulated under federal or state law. For purposes of this contract, the term hazardous waste shall also include motor oil, gasoline, paint, and items containing freon or chlorofluorocarbons.
"LANDFILL." City of Albemarle Landfill.
"LARGE MULTI-FAMILY UNITS." Any group of apartments under the same ownership with more than ten living units.
"MEDICAL WASTE." Generated in the diagnosis, treatment, or immunization of human beings or animals, in research pertaining thereto, or in the production or testing of biologicals.
"RESIDENTIAL TRASH." Uncompacted trash from the home such as furniture, televisions, mattresses, household fixtures, etc.
"RECYCLING CONTAINER." Container designed for use by residential units for storage and removal of recyclable materials.
"RECYCLABLE MATERIAL(S." Newsprint; brown, clear and green glass and jars; corrugated cardboard; aluminum and bi-metal cans; HDPE clear plastic milk jugs and PET plastic soft drink containers; or any other commodity agreed upon in writing by the city and contractor.
"REFUSE." All putrescible and nonputrescible solid wastes, except body wastes, including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, and solid market and industrial wastes. Including all garbage and/or rubbish and/or yard waste generated by a producer.
"RESIDENTIAL UNITS." An occupied dwelling (whether a single family home or a multi-family unit) containing ten or less units within the corporate limits of the city requiring curbside collection. A residential unit shall be deemed occupied when either water or domestic light and power services are being supplied thereto.
"RUBBISH." All chips, shavings, sawdust, printed matter, paper, pasteboard, rags, straw, used and discarded clothing, used and discarded shoes and boots, combustible waste pulp and other products such as are used for packaging, or wrapping crockery and glass, ashes, cinders, floor sweepings, glass, mineral or metallic substances, and any and all other similar waste materials not included in the definition of bulky waste, construction debris, garbage, or hazardous waste.
"SMALL DEAD ANIMALS." Cats, dogs, and small household pets of 50 pounds or less in weight.
"SMALL MULTI-FAMILY UNITS." Any duplex apartment or group of apartments under common ownership and with more than one dwelling unit, but with ten or less.
"WHEELED CONTAINER." A plastic covered container permanently attached to wheels designed for use by residential units for storage of garbage and other miscellaneous refuse with a capacity of not less than 90 gallons.
"WHITE GOODS." Large domestic appliances, including but not limited to, stoves, water heaters, refrigerators, freezers, window air conditioning units.
"YARD WASTE." All tree trimmings, dead plants, weeds, leaves, and dead tree debris not exceeding six feet (6') in length, and which can be readily loaded by two laborers; and trimmings and grass clippings placed in plastic bags which weigh no more than 50 lbs.
(Ord. 07-01, passed 1-2-07)
Except as provided in divisions (A) through (C) below, all refuse accumulated in the city shall be collected, conveyed, and disposed of by the city or its authorized contractor. No person shall collect, convey over any of the streets or alleys of the city, or dispose of, any refuse accumulated in the city.
(A) This chapter shall not prohibit the actual producers of refuse, or the owners of premises on which refuse has accumulated, from personally collecting, conveying, and disposing of the refuse, provided the producers or owners comply with the provisions of this chapter and with any other governing law or ordinances.
(B) This chapter shall not prohibit any person operating under a license or franchise expressly granted by the governing authorities the City of Albemarle from collecting, conveying, and disposing of refuse provided the persons comply with the provisions of this chapter and with any other governing law or ordinances.
(C) This chapter shall not prohibit collectors of refuse from outside of the city from hauling refuse over city streets, provided the collectors comply with the provisions of this chapter and with any other governing law or ordinances.
(Ord. 07-01, passed 1-2-07)
All refuse accumulated in the city shall be collected, conveyed, and disposed of by the city or its contractor under the supervision of the Director of Public Works. The Director shall have the authority to make regulations concerning the days of collection, type and location of waste containers, and any other matters pertaining to the collection, conveyance, and disposal as he shall find necessary, and to change and modify the regulations after notice to the public, provided that the regulations are not contrary to the provisions of this chapter. Any person aggrieved by a regulation of the Director shall have the right of appeal to the City Manager who shall have the authority to confirm, modify, or revoke any regulations.
(Ord. 07-01, passed 1-2-07)
(A) Preparation of refuse.
(1) Garbage. All garbage, before being placed in a container for collection, shall have drained from it all free liquids and must be bagged.
(2) Rubbish. All rubbish shall be drained of liquid before being deposited for collection.
(3) Excess garbage, rubbish residential trash. Garbage, rubbish and residential trash that cannot be placed in the wheeled container shall be placed next to the container for collection. This type of waste shall be secured and placed in a manner for easy disposal by the city or its contractor, such as in bags or boxes. The cumulative amount of excess garbage and rubbish permitted in one collection period shall not exceed four cubic yards.
(4) Yard waste. Tree trimmings, hedge clippings, and similar material shall be cut to a length not to exceed six feet. Tree and shrub trimmings, leaves, and grass clippings that have been placed in plastic bags and which weigh no more than 50 pounds. Each residence shall be limited to a maximum of four cubic yards of yard waste per pick-up under the city's contract. If a residence has more than this allotted amount of yard waste, the occupant may pay the contractor an amount agreed upon by the city and contractor as a uniform per cubic yard surcharge.
(5) Recyclable materials. All recyclable materials being placed in a container for collection shall have drained from it all free liquids.
(B) Refuse containers.
(1) Residential units. Refuse containers for residential units shall be a wheeled container provided by the city or contractor without charge to the owner, tenant, lessee, or occupant of any residential unit for use at the residential unit. Any owner, tenant, lessee or occupant of any residential unit desiring up to three additional wheeled containers beyond what is provided for by the city or its contractor as part of the basic service, shall have the option of contacting the city or its contractor for up to three additional carts. The additional carts shall be provided to the owner, tenant, lessee or occupant by the city or its contractor and the owner, tenant, lessee or occupant shall be billed for these extra wheeled containers. The owner, tenant, lessee, or occupant of the residential unit to whom a wheeled container is furnished shall be responsible to the city and contractor for the proper care and maintenance of the container, and the owner, tenant, lessee, or occupant will be billed for damages to the wheeled container, reasonable wear and tear excepted, following the discovery of the damages. If the owner, tenant, lessee, or occupant of any residential unit shall vacate the occupied premises while in possession of a wheeled container he or she shall, before departing from the premises, notify the Director of Public Works or the city contractor, and the Director, his or her agent or the contractor will promptly pick up the container and issue a receipt to the person, notify the city or its contractor for removal of the wheeled container.
(2) Commercial and business units. All businesses shall have the option of contracting with the city or its contractor for up to three wheeled garbage containers. The wheeled garbage containers shall be collected once weekly by the city or its contractor in accordance with the city's solid waste collection schedule. The cost of the wheeled containers shall be the responsibility of each business. All waste set out for collection must be placed in the wheeled container. At no time shall any waste be set outside the wheeled garbage container nor will such waste be collected by the city or contractor. Businesses also have the option of contracting directly with any commercial solid waste hauler franchised by the City of Albemarle for the placement of a dumpster or roll-off container at the business location and for the removal of the solid waste.
(C) Storing of refuse.
(1) Containers. All refuse which readily fits into the container shall be placed in the type container referred to in division (B) above for pickup by the city's garbage collection crews, or its contractor.
(2) Public places. No person shall place any refuse in any street, alley, or other public place, or on any private property whether owned by the person or not, within the city except in proper containers for collection, or under express approval granted by the Director of Public Works. Nor shall any person throw or deposit any refuse in any stream or other body of water.
(3) 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 on any street, sidewalk, alley, sewer, parkway, or other public place, or into any occupied premises within the city. Remedy for the correction of such a situation shall be performed by the property owner at the direction of the city.
(D) Points of collection.
(1) Wheeled containers. Where the wheeled container is used the owner, tenant, lessee, or occupant of the premises shall be responsible for causing the wheeled container to be placed at the curb or side of the street, but not in the portion of the street used for vehicular travel, at a place readily accessible for collection by the city or contract garbage collection crews once each week on the day designated by the Director of Public Works for the area in which the premises are located. The wheeled containers shall be so located not earlier than 6:00 p.m. the day prior to collection nor later than 8:00 a.m. on the day of the pickup and must be removed from the street location not later than 7:00 p.m. the same day. If there is no member of the premises or household to which a wheeled container is assigned who is capable of moving the wheeled container as required herein, he shall notify the Director of Public Works or the city's contractor in writing of the existence of the disability. In this event, the disabled person shall furnish a physician's certificate confirming the disability and on the failure of the alleged disabled person to furnish the certificate within ten days after required, the alleged disabled person shall be deemed physically able to comply with all the provisions of this section. No person shall molest or interfere with the contents of any wheeled container or the container itself which has been set out for collection and removal by the city.
(2) Roll-off container, detachable containers and dumpster. Where a roll-off container, detachable containers or dumpster is used, the owner, tenant, lessee, or occupant of the premises shall provide a location for the container off the right of way. Requests for the temporary placement of such containers and dumpsters must be made to the city.
(E) Obstacles to collection. The owner, tenant, lessee, or occupant of the premises shall have the responsibility of keeping the premises free from dogs or any other obstacle which would hinder or impede city or contractor personnel from removing or returning the container to the premises.
(F) Penalty. Violations may be enforced through the provisions of § 10.84, the penalty established by § 10.99 may be enforced, or violations may be considered a nuisance by the city as provided by in § 82.16 and enforceable through §§ 82.17 and 82.18. Nothing in the above shall prohibit the pursuit of criminal procedures for remedy. A violation of this section is punishable as a misdemeanor.
(Ord. 07-01, passed 1-2-07; Am. Ord. 22-01, passed 1-3-22)
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