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112.03 ESTABLISHMENT OF RECYCLING PROGRAM.
1.   There is established a recycling program for the source separation, separate collection and recycling of designated recyclable materials generated within the City from all multifamily dwellings and dwelling units not presently served by existing residential recycling collection programs.
2.   Collection of designated recyclable materials, pursuant to this section, shall be made at least twice per month, or at such additional times as may be necessary to serve the needs of the customer to insure that the storage of said designated recyclable materials shall not result in the creation of a public nuisance.
3.   All multifamily dwellings which are not presently part of existing residential recycling collection programs shall be required to provide the facilities for the source separation of all designated recyclable materials generated on the premises and shall arrange for the collection of said materials to be transported to a recycling facility.
4.   Program development, implementation, and operation shall be the responsibility of the same entity which contracts for the private collection and disposal of solid waste on the premises.
5.   The specific designated recyclable materials are those materials set out in Section 112.02(5) of this chapter.
6.   The City reserves the right to amend the list of designated recyclable materials, as defined in Section 112.02(5), at any time by subsequent resolution of the Council.
112.04 REPORTING REQUIREMENTS.
It is the responsibility of all commercial waste haulers collecting solid waste, or designated recyclable materials generated in the City, to submit a recycling report to the City on an annual basis. Said report shall identify the total weight of recyclable materials collected. All such reports of the previous year shall be submitted on forms provided by the City to the Director of Public Works, or other designee of the City Manager, by January 31. The City reserves the right to require any additional information deemed necessary by the Director of Public Works or other designee of the City Manager.
112.05 AUTHORIZATION OF COLLECTORS.
All commercial solid waste haulers or haulers of designated recyclable materials who, as a commercial enterprise, provide the service of collection of said designated recyclable materials or waste to owners/operators of multifamily dwelling units, shall be duly authorized by the City through the issuance of a license.
112.06 LICENSE REQUIREMENTS.
All applicants for licensing shall conform to the requirements of Section 111.07 of this Code of Ordinances and shall otherwise comply with all of the provisions of Chapter 111, and shall further be subject to the following requirements:
1.   Licenses for the collection of solid waste and/or designated recyclable materials may be issued only to those persons who can provide satisfactory evidence they are capable of providing the necessary services and can comply with the provisions and intent of this chapter. The City reserves the right to disapprove any application for license for just cause.
2.   Every applicant, before being granted a designated recyclable materials collection license or a solid waste license, shall submit proof that all said materials will be transported in vehicles that are tarped, covered, or closed and that the materials being transported are not capable of blowing or falling out or away from the transporting vehicle.
112.07 APPLICABILITY OF REGULATIONS.
Any person engaged in the collection, processing and marketing of designated recyclable materials within the City or who collects solid waste within the City and all householders, firms, corporations, co-partnerships and any and all persons who may or do produce solid waste and/or designated recyclable materials shall be subject to the provisions of this chapter.
112.08 COLLECTION AND TRANSPORTATION.
1.   Transportation. Any person transporting designated recyclable materials within the City shall prevent or remedy any spillage from vehicles or containers used in the transport of such designated recyclable materials. Such vehicles or containers shall not be overfilled and shall be cleaned at sufficiently frequent intervals to prevent obnoxious odors or unhealthful conditions. Such vehicles shall also be so constructed, loaded, and driven as to prevent any portion of the load from falling out upon the streets or highways.
2.   Removal by Collectors. Collectors shall return the recycling receptacles to the premises from which they have been removed in a manner so as not to create a public nuisance. Collectors shall also collect and remove all recyclable materials for which they are responsible to collect from the premises.
112.09 STORAGE OF RECYCLABLE MATERIALS.
1.   General. It is the duty of every owner or entity which contracts for the private collection and disposal of solid waste from any premises to provide and keep, at all times, a sufficient number of containers to hold all designated recyclable materials which may accumulate during the intervals between collections of such materials by the authorized collector. Containers may be located on site or on nearby premises with the permission of the affected property owner or otherwise in accordance with the provision of this section. Owners of multifamily dwelling units shall insure that each dwelling unit has access to the containers and that said containers are sufficient to hold all designated recyclable materials accumulated by the occupants of the dwelling unit during the intervals between collections.
2.   Storage. All designated recyclable materials accumulated by owners and/or occupants of multifamily dwelling units shall be placed in containers which are durable, watertight, and made of metal or plastic and marked with the recycling symbol or other acceptable markings. The containers shall remain on the premises at all times and shall be kept in a clean condition. The type of bulk container to be furnished by the collector shall be acceptable to the Director of Public Works or other designee of the City Manager. Containers shall have lids, if necessary, to avert a public nuisance or protect the marketing quality of designated recyclable materials. Such lids must remain closed, except when designated recyclable materials are being placed in or removed from the container. The container shall be clearly marked with both the recycling symbol and with the types of material to be deposited in the container. The container shall be kept clean and in good repair. The number of such containers shall be sufficient to handle the volume of recyclables which accumulate between collection intervals.
3.   Location of Containers. Bulk storage containers for collection at multifamily dwellings using private collection shall be located on such premises at a place agreed upon by such owner or occupant of the property and the authorized collector. Such location shall not interfere with private or public sidewalks, walkways, driveways, roads, streets, highways, or entrances and exits of private or public buildings, and shall be in compliance with all applicable laws. Bulk storage containers which are on wheels to facilitate their movement shall remain blocked at all times while unattended to prevent unintentional movement.
112.10 PREPARATION OF RECYCLABLE MATERIALS.
Designated recyclable materials shall be separated and prepared in a manner consistent with recycling market requirements and placed at a designated area separate from municipal waste for collection at such time and dates as may be agreed upon between the collector and the establishment.
112.11 COLLECTION BY UNAUTHORIZED PERSONS.
It is a violation of this chapter for any person unauthorized by the City to collect or pick up, or cause to be collected or picked up, any recyclable materials or solid waste. Each such collection in violation hereof shall constitute a separate and distinct offense and shall be subject to civil penalties. Notwithstanding any provision of this chapter, any person having ownership of the same may sell or donate recyclable materials for the purpose of recycling to any person, partnership, or corporation, whether operating for profit or not for profit.
112.12 ENFORCEMENT.
The City’s Department of Planning and Development Services is authorized and directed to administer and enforce this chapter. At apartment complexes, the City’s Department of Planning and Development Services personnel will tie recycling compliance into their biannual multifamily inspections and include it on the inspector’s checklist. Enforcement relative to multifamily recycling may also be handled by more frequent inspections or on a complaint basis. Any person who fails, neglects, or refuses to comply with any terms or provisions of this chapter or any regulation or requirement pursuant hereto and authorized hereby, shall be subject to civil penalty.