10-4-1-4: REGULATORY CONSISTENCY:

This chapter is intended to be consistent with state and federal laws, in addition to rules, regulations, and other provisions of this Boise City Code.

(Ord. 21-17, 5-23-2017; amd. Ord. 10-21, 4-13-2021; Ord. 50-22, 11-1-2022)

10-4-1-5: EMERGENCY MODIFICATIONS:

The City shall have the authority to temporarily modify aspects of this chapter under emergency circumstances such as but not limited to, natural disasters, pandemics, and extreme weather events. (Ord. 10-21, 4-13-2021)

10-4-1-6: DEFINITIONS:

The terms as used in this chapter shall have the following meanings:

APPLIANCES:	Household electronic or mechanical equipment including, but not limited to, refrigerators, freezers, ovens/stoves, water heaters, swamp coolers, air conditioners, dishwashers, washing machines and dryers.
ASBESTOS:	The asbestiform varieties of actinolite, amosite, anthophyllite, chrysotile, crocidolite, and tremolite or any mixture of two (2) or more of such minerals that have been chemically treated or altered to produce materials used in items such as pipe insulation, floor tiles, and motor vehicle brakes and clutches. Asbestos is regulated by OSHA and the EPA and must be managed and disposed in accordance with federal, state and local regulations.
BULKY WASTE:	A large item of a size or weight that cannot be placed into a franchise hauler-provided wheeled cart or dumpster (e.g., appliances and furniture), but does not include large quantities of smaller trash, compostable materials, recyclable materials, or hazardous waste.
CARRY OUT SERVICE:	Hand-collection of solid waste achieved by either entering upon a customer's property to convey the materials to the collection vehicle or retrieving materials from the curb for service locations that do not meet residential location requirements.
CITY:	The City of Boise City, Idaho.
COMMERCIAL ORGANIC WASTE:	Organic materials that have been separated from trash or recyclable materials by the commercial service customer prior to collection. Examples include but are not limited to food waste, green waste, landscape and pruning waste, clean and nonhazardous wood waste, food-soiled paper waste, and certified compostable food and beverage containers or bags. Commercial organic waste may not contain trash or recyclable materials except in de minimis amounts.
COMMERCIAL ORGANIC WASTE SERVICE PROVIDER:	Any person who collects and hauls commercial organic waste within the City using solid waste containers and is required to register as a commercial organic waste service provider.
COMMERCIAL PROPERTY:	A physical location used for government, industrial, or business purposes, regardless of whether for profit, including but not limited to businesses, offices, stores, restaurants, manufacturing facilities, schools, hotels/motels, construction sites, businesses and multi-family residential properties with four (4) or more dwelling units.
COMMERCIAL SERVICE:	Centralized solid waste services for businesses and certain multi-family residential properties, as defined herein, using carts, dumpsters, roll-off or compactor containers, where the customer selects the number, size and frequency of collection services.
COMPACTOR:	Solid waste container designed to mechanically compress materials to reduce their volume.
COMPOSTABLE MATERIALS:	Materials accepted in the city's residential compost program and collected by the franchise hauler. Compostable materials include but are not limited to, yard wastes, garden wastes, untreated and unpainted wood wastes, fruits and vegetables, eggshells, coffee grounds and filters, tea bags and paper bags.
COMPOSTING:	The conversion of compostable materials to decayed organic matter which can be used as a soil amendment.
CONSTRUCTION AND DEMOLITION WASTE:	Trash resulting from construction, remodeling, repair or demolition work, including but not limited to, concrete, drywall, lumber, bricks, and piping.
CUSTOMER:	An occupant or owner of any premises, including residential, business, industry or other establishment in the City for which solid waste service is, or has been, provided.
DUMPSTER:	A specially designed solid waste container, three (3) to eight (8) cubic yards in size, that is delivered to a location, emptied by the hauler and can be removed from the location when no longer used.
FRANCHISE HAULER:	Any person authorized by the City to collect and haul any solid waste, who has executed a franchise agreement with the City.
GLASS COLLECTION:	The collection of bottles and jars less than two (2) gallons in size. Materials not considered glass for purposes of glass collection include the following: mirrors, plate or window glass, light bulbs and tubes, Pyrex, ceramics, porcelain, corks, bottle caps and lids.
HARDSHIP DISCOUNT:	A reduction in the amount charged to low-income households for residential solid waste services based upon the City's current annual, gross family income guidelines.
HAZARDOUS WASTE:	Any chemical, compound, mixture, substance or article designated by the EPA or other federal or state agency to be a hazardous waste as those terms are defined by federal, state or local law. De minimis amounts of household hazardous wastes are by definition excluded from regulation under 40 CFR section 261.4(b)(I) and do not constitute hazardous waste.
LIQUID:	A fluid, such as water, oil or alcohol, which is not solid matter and can leak or flow.
LITTER:	Solid waste scattered about the ground surface.
MEDICAL WASTE:	Human or animal waste consisting of one or more of the following: tissue, cultures and stocks, body fluids (except urine), blood or blood products, materials contaminated with blood or blood products, used surgical wastes, used or unused sharp instruments, including, but not limited to, hypodermic needles, suture needles, syringes and scalpel blades.
MULTI-FAMILY RESIDENTIAL PROPERTY:	Residential properties with more than one residential dwelling unit, located on one or more parcels of land. These may include, but are not limited to, multiple dwellings, apartments, townhomes, condominiums and manufactured home parks. Multi-family properties do not include short-term residential properties, such as hotels, motels, hospitals, nursing homes or institutional housing facilities.
OVERFLOW STICKERS:	Stickers that can be placed on a personal twenty (20) to thirty two (32) gallon-sized trash container for the purpose of solid waste collection of extra trash.
OVERLOADING:	Exceeding the designated weight capacity, of a solid waste container, allowing objects to protrude outside of the solid waste container, or stacking objects against containers used for solid waste collection.
OWNER:	Every person, including lessees and occupants, in possession, charge, custody or control of any residential or commercial property within the City, where solid waste is created or accumulated.
PERMITTED HAULER:	Any person authorized by the City to collect and haul solid waste, who has applied for and been granted a permit with the City.
PERSON:	Any individual, partnership, association, firm, corporation, public agency or any other legal entity.
PREMIUM CARRY OUT SERVICE:	Additional services above and beyond standard carry-out service, provided for an extra service charge, that include but are not limited to, retrieving solid waste from a site's curb that is inaccessible to standard collection vehicles using special collection equipment to access a site, accessing a site behind driveway gates, accessing a site on unpaved or poorly maintained drives or driveways, or collecting from a site that is between one hundred feet (100') and one hundred and fifty feet (150') from a public road.
PUTRESCIBLE WASTE:	Wastes that can leak, decay, or produce a strong odor.
RECYCLABLE MATERIALS:	Any material that has or retains useful physical or chemical properties after serving its original purpose or function, that is separated from solid waste for use as raw materials in new, used, or reconstituted products. Typically such materials consist of specific types of paper products, and metal, plastic, or glass containers.
RECYCLING:	The series of activities by which materials that are no longer useful to the generator are collected, sorted, processed, and converted into raw materials and used in the production of new products. This definition excludes the use of these materials as a fuel substitute or for energy production.
RESIDENTIAL DWELLING UNIT:	A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
RESIDENTIAL SERVICE:	Service for individual residential dwelling units using solid waste containers provided by the City's franchise hauler.
ROLL-OFF:	Solid waste containers that require a dedicated truck to remove the container from the service location for disposal of materials, typically sized ten (10) to forty (40) cubic yards. These containers are generally used at industrial locations or for construction and demolition waste.
SHARPS DISPOSAL CONTAINER:	Commercially available container designed specifically to safely contain used needles and syringes for disposal.
SINGLE-FAMILY RESIDENTIAL PROPERTY:	A single parcel of land with one residential dwelling unit.
SOLID WASTE:	All putrescible and non-putrescible solid and semisolid materials placed or intended for disposal, including, but not limited to, trash, industrial wastes, organic and compostable materials, reusable or recyclable materials, bulky waste items, appliances, and other discarded wastes.
SOLID WASTE CONTAINER:	Any container not attached to a vehicle or wheeled trailer that is used to hold solid waste and is serviced by a vehicle specifically designed to collect solid waste.
TIRES:	Any motor vehicle tire, new or used.
TRASH:	All discarded materials that are not set aside for recycling, composting, or other reuse, excluding prohibited wastes.
VACANT LAND:	A lot or parcel of land that is without any building, structure or improvement. Vacant land does not include recreation, green or open space.
VACANT PROPERTY:	Unoccupied land upon which one (1) or more structures exist, but any such building is no longer used for any commercial or residential purposes.
VECTOR:	An organism that can transmit disease.
WHEELED CART:	Solid waste container provided by the City's franchise hauler.
YARD WASTE:	Plant material, such as leaves, grass, branches, brush, flowers, tree wood waste, and plant debris generated in the course of maintaining yards and gardens.

 

(Ord. 21-17, 5-23-2017; amd. Ord. 10-21, 4-13-2021; Ord. 50-22, 11-1-2022)

10-4-2: RESIDENTIAL SOLID WASTE SERVICE:

Residential service shall be used by all single-family residential properties and those multi-family residential properties covered under subsection 10-4-2-6C. Residential trash service, as provided through the City, is mandatory for all residential properties, except multi-family residential properties utilizing commercial service. Recycling and compost collection services provided through the City are optional. Solid waste from a commercial property cannot be disposed of through residential services. All residential properties shall be charged a fee for this service. Fees for residential service are based on the number of dwelling units, not the amount of solid waste placed for disposal, nor frequency of solid waste collection. Vacant land is exempt from mandatory services and fees.

(Ord. 21-17, 5-23-2017; amd. Ord. 10-21, 4-13-2021; Ord. 50-22, 11-1-2022)

10-4-2-1: RESIDENTIAL COLLECTION:

   A.   Regular Collection Service: Collection of trash and compostable materials shall be one time per week and collection of recyclable materials shall be every other week.

   B.   Time Of Placement: Solid waste carts and cans shall be placed for collection by seven o'clock (7:00) A.M. on the regularly scheduled collection day, but no sooner than the evening prior to collection. The containers may not remain at the curbside for a period greater than twenty-four (24) hours.

   C.   Collection Days: Regularly scheduled collection days will be determined by the franchise hauler in conjunction with the City.

   D.   Return Collection: If the carts and cans are not emptied, due to missed collection, the customer may choose to store the solid waste until their next scheduled collection day or contact the franchise hauler for a return collection. If the missed collection is due to the carts or cans not being set out by the required time or from improper placement or overloaded containers, the City may charge the customer a fee for the return collection.

   E.   Additional Collection: Customers may request additional collection from the franchise hauler. This collection shall be provided within a timely manner after the customer request, excluding nonbusiness days and holidays.

(Ord. 21-17, 5-23-2017; amd. Ord. 10-21, 4-13-2021; Ord. 50-22, 11-1-2022)

10-4-2-2: RESIDENTIAL SOLID WASTE CONTAINERS:

   A.   Residential solid waste shall be placed in provided wheeled carts. Wheeled carts cannot be overloaded. Residential customers may use up to three (3) wheeled carts for trash service.

   B.   All carts shall be closed to prevent solid waste from being scattered, blown or spilled. Cart lids shall open freely and the contents of the cart shall fall freely when inverted for emptying.

   C.   Wheeled carts provided by the franchise hauler are owned by the franchise hauler and must remain with the premises. Carts shall not be abused or damaged by the customer. Damaged carts will be replaced by the franchise hauler.

   D.   Customer-owned containers may only be used for extra trash and recyclable materials that do not fit within the carts. Containers shall be maintained in good condition and must be of sturdy build and material. The can must be replaced by the customer if it becomes broken or is otherwise not functional, or if requested by the franchise hauler due to safety concerns. The franchise hauler is not responsible for damage to customer-owned containers.

   E.   Customers shall be responsible for maintaining solid waste containers in a sanitary condition, including exterior and interior, and the outside of carts and cans shall be free of accumulating grease, decomposing materials and litter. Alley collection locations shall be maintained to ensure no vectors, rodents or animals are attracted to the site, and to ensure against nuisance conditions. The franchise hauler shall be responsible for any spillage that occurs during collection services.

   F.   Location Requirements:

      1.   For residential service, solid waste carts and cans must be placed curbside, as close to the curb as possible, or in an alley. Streets and alleys must have drive-through access or an area for the truck to turn around. The carts and cans shall not block safe pedestrian, bicycle or vehicle access to streets, alleys, bike paths or the sidewalks. Carts and cans shall be at least three feet (3') from other carts and obstructions, including mailboxes and utility poles. Carts must have overhead clearance of at least fourteen feet (14') and be located away from overhanging obstructions, such as utility lines, trees or buildings. Carry out service may be required if these conditions cannot be met.

      2.   For carry out service, carts must be stored in unlocked areas clearly visible to franchise hauler from the street or alley from which normal collections are made. The carts shall not be located in an area accessible to uncontrolled pets. Solid waste service will not be provided if the collection requires franchise hauler personnel to pass through any doors or gates, cross flower beds or lawns, or go through hedges at the service location, or if the collection personnel must place themselves in a situation which could jeopardize their health or safety.

      3.   In situations where the location requirements above cannot be met, the City may designate alternate collection locations, relocate collection sites or establish collection service hours.

   G.   Warning Notice: In cases of improper cart or can placement which cause an unsanitary condition or a litter problem, the franchise hauler may issue a warning notice. If the condition persists, the City may take action pursuant to sections 10-4-5-6, 10-4-5-7 or 10-4-5-8 of this chapter.

(Ord. 21-17, 5-23-2017; amd. Ord. 10-21, 4-13-2021; Ord. 50-22, 11-1-2022)

10-4-2-3: RESIDENTIAL TRASH SERVICE:

   A.   Mandatory Service: Residential trash service is a mandatory service for all residential properties. Residential customers shall be provided with a gray wheeled trash cart.

   B.   Wet And Putrescible Waste: Wet and/or putrescible wastes must be bagged prior to placement in a solid waste container. Liquids shall not be placed in a container.

   C.   Special Wastes:

      1.   Human and animal wastes shall be placed into sturdy plastic bags and closed tightly to prevent spillage or breakage during trash collection.

      2.   Sharps, including, but not limited to, medical needles and syringes, shall be placed in a sharps disposal container.

      3.   No more than half of the trash cart can be taken up with construction and demolition waste. Concrete, bricks, rocks, and soil are prohibited and may not be, and cannot be placed in trash carts or set out as extra materials for disposal.

   D.   Extra Materials: Extra trash may be placed in customer-owned containers with overflow stickers. If cans are utilized, they may not be less than twenty (20) gallons nor more than thirty-two (32) gallons size. Customer-owned cans shall not exceed sixty (60) pounds.

(Ord. 21-17, 5-23-2017; Ord. 10-21, 4-13-2021; Ord. 50-22, 11-1-2022)