9-5-3: MANDATORY SYSTEM; WASTE COLLECTION ACCUMULATION; UNLAWFUL PRACTICES; EXCEPTIONS:
In order to maintain the public health, safety and aesthetics of the city, all owners and/or occupants are required to pay for, and are provided, certain waste collection services. There hereby is established a system of waste collection, transportation and disposal. It shall be unlawful for any person to engage in the business of collecting, transporting, hauling or conveying any waste over the streets or alleys of the city, or to dump or dispose of the same, unless and until such person has a franchise, license or contract as an authorized representative of the city.
   A.   All waste accumulated in the city shall be collected, conveyed and disposed of as provided by this chapter, and no person shall collect or convey over any of the streets, alleys or public ways in the city, or dispose of any waste accumulated in the city, except as provided in this chapter.
   B.   Every person who is an owner or occupant of premises within the city limits shall use the waste collection and disposal system herein provided and shall deposit or cause to be disposed of in accordance with this chapter all waste which is accumulated on such premises; provided, that nothing herein is to be construed to prohibit any owner from transporting and disposing of waste accumulated on his own premises, subject to all regulations herein contained. An individual or entity may be granted a special exception from the mandatory system use by the city council in extreme circumstances upon application and a showing before the city council that the city, its licensee or franchisee cannot reasonably accommodate the collection of the individual's or entity's waste. Upon being granted the exception, the waste collector must comply with the license, contract and franchise provisions of this chapter. The fact that another waste collector is willing to collect the waste for a price less than the price set by the city shall not be a factor in determining whether the city, its licensee or franchisee can reasonably accommodate the collection of the individual's or entity's waste. All owners or occupants of premises within the city limits will be charged the minimum collection charge, regardless of whether they actually use the collection system provided by the city.
   C.   It shall be unlawful for any person to permit, or to cause, the accumulation in or about any premises or upon any street, alley or public way of the city adjacent to such premises, owned or occupied by him, any waste.
   D.   It shall be unlawful to place, deposit or leave, or permit to remain, anywhere in the city, any waste, except as provided in this chapter.
   E.   It shall be unlawful to cause or permit to accumulate any waste in such a manner that it can be blown away by the wind or cause littering of public or private premises, streets, alleys and public ways of the city.
   F.   It shall be unlawful to burn any waste outside of any building at any time in the city, unless a permit has been obtained therefor.
   G.   It shall be unlawful for any person to engage in the business of collecting and transporting waste upon, on and over the streets, alleys and public ways of the city, unless such person has received a license, contract or franchise therefor.
   H.   It shall be unlawful for any person to deposit into the waste system, dirt or earth debris from construction or building renovation, rocks, stones, automobile bodies and parts, washing machines, refrigerators, hot water tanks, stoves, tree trunks and stumps, and other similar materials, dead animals, furniture, building materials, such as mortar, plaster, scrap lumber, broken concrete, and brick, waste oils and lubricants from garages, service stations, machine shops, restaurants and other similar establishments. Such material shall be collected and disposed of by the building contractor, person, owner, occupant of the premises, or by the person responsible for same. (Ord. 2089, 1-5-2010, eff. 1-5-2010)