*Editor's note-Ord. No. 82-29, § 1, enacted Sept. 21, 1982, repealed former Art. II, §§ 10-22—10-39, relative to refuse, garbage and trash, and enacted in lieu thereof a new Art. II, pertaining to the same subject matter. Former Art. II was derived from Code 1958, §§ 13-2—13-6, 13-9, 13-11, 13-13, 13-33—13-41, and Ord. No. 80-20, § 1, adopted June 3, 1980.
All refuse, garbage, trash of all types, vegetative trash, recycling, construction and demolition material accumulated in the City shall be exclusively collected, conveyed and disposed of by the City under the supervision of the Director of Public Works. The Director of Public Works shall have authority to make administrative regulations concerning the days of collection, type and location of waste containers and such other matters pertaining to the collection, conveyance and disposal not otherwise set by the City Commission or the City Manager as he shall find necessary, and to change and modify the same after notice as required by law, provided that such regulations are not contrary to the provisions hereof.
(Ord. No. 82-29, § 1, 9-21-82; Ord. No. 04-030, § 2, 5-18-04; Ord. No. 14-022, § 2, 9-16-14)
For the purpose of this article, the following words and terms are defined as follows:
Commercial means any public or private place, building and/or enterprise or business devoted in whole or in part to a business enterprise, whether nonprofit or profit-making in nature, including, but not limited to hotels, motels, restaurants, offices, industries, stores, markets, theaters, hospitals and other institutions which hold themselves out to the public as places of business, services or accommodations.
Containers or receptacles:
(1) “Non-containerized” means the use of a "roll-out cart" provided by the City for the use of garbage collection purposes. The cart as defined will be of a special design and construction as to allow for the mechanical or automation of collection of garbage.
(2) "Containerized" or "Dumpster" means a detachable metal container provided by the City designed and intended to be mechanically dumped into a packer-type solid waste vehicle and varying in size from two (2) cubic yards to eight (8) cubic yards adaptable to City equipment. This type receptacle is normally associated with collection service for commercial or multifamily developments.
(3) "Containerized or Dumpster with wheels" are containers supplied by the occupants, business, or institution who choose to use them inside buildings and roll them to the designated outside location for pickup. This type receptacle is normally associated with multifamily or commercial developments.
(4) "Compactor" is a mechanical device to accept garbage, trash, and other types of materials, mechanically press or compact the material into a more dense form, and to be serviced by City trucks designed for such operations. The compactor shall be the property of the business, institution, or customer, and shall not be owned, maintained, or repaired by the City. The City shall service the compactor to the extent of collecting and disposal of the material, and will not be responsible for the mechanical operation, repair, energy to operate, or longevity of the device. The customer shall be responsible for consulting with the City prior to purchasing a compactor to assure the compactor and the City trucks used to service the compactor are compatible. Failure on the part of the customer to conduct such coordination shall not waive the requirement that the compactor is to be serviced by City equipment. The City will bear no responsibility for modifying either the compactor, or its equipment to offer the necessary service. This type receptacle can be associated with commercial, mobile home parks, or institutional type of customers.
(5) "Roll-out garbage carts" are specialized garbage carts provided exclusively by the City as a part of the residential garbage collection service. The carts are of a design that would allow the City to mechanically collect the garbage, or to automate the garbage collection process.
(6) "Roll-off containers" are various sized metal containers specially designed for the collection of noncombustible trash, construction, demolition, cleaning, renovation, industrial, or garbage wastes normally associated with construction projects or special events. The containers are provided by the City upon request and qualification of the customer, and shall be serviced by the City exclusively on an as needed basis.
Dispose means to deliver to approved landfill or transfer station or other approved disposal method.
Director of Public Works means the Director of Public Works and/or the duly authorized agent.
Mandatory Service Charge means an automatic service charge, which will be assessed for any bulk trash/vegetation that is placed for pickup on the wrong day.
Recycling means any process by which solid waste, or materials which would otherwise become solid waste, are collected, separated, or processed and reused or returned to use in the form of raw materials or products.
Refuse shall mean any or all of the following: garbage, noncombustible trash, vegetative trash, contaminated yard trash, bulk trash, construction and demolition material, hazardous, industrial waste, infectious waste, and recycling material. Such items are hereby further defined as follows:
(1) "Garbage:" Every accumulation of animal, fruit, or vegetable matter that attends the preparation, use, cooking and dealing in or storage of meats, fish, fowl, fruit or vegetables, and any other matter, of any nature which is subject to decay, putrefaction and generation of noxious or offensive gases or odors, or which, during or after decay may serve as a breeding or feeding material for flies or other germ carrying insects; and any bottles, cans or other containers, except recyclable containers, which due to their ability to retain water, may serve as a breeding place for mosquitoes or other insects. Garbage shall not include human solid waste. Garbage is collected from each residential unit in the City twice a week, and from each commercial establishment as requested by the customer or as required by the Director of Public Works when public safety or appearance is jeopardized.
(2) “Noncombustible trash:” Materials that are not burnable at ordinary incineration temperatures, such as metals, mineral matter, metal furniture and auto bodies and parts, dirt, bricks, paving and other types of building or demolition materials. The City shall not collect non-combustible trash on a scheduled, routine basis.
(3) “Containerized or Dumpster with wheels” are containers supplied by the occupants, business, or institution who choose to use them inside buildings and roll them to the designated outside location for pickup. This type receptacle is normally associated with multifamily or commercial developments.
(4) "Contaminated yard waste:" Shall mean any yard and garden waste pile containing material other than containerized grass or leaves, shrubbery cuttings, or vegetative matter of any type incidental to the care of residential lawns and gardens, including limbs and branches less than four (4) inches in diameter or four (4) feet in length.
(5) "Bulk trash:" Shall mean large objects and items, however not necessarily limited to the following: washers, dryers, furniture (including mattresses and springs), rugs, cabinets, wooden boxes, and other types of household items. Bulk trash shall also include owner generated construction debris less than one (1) cubic yard.
(6) "Construction and demolition material:" Commonly referred to as C&D debris, shall be any byproduct material from either the construction or demolition or remodeling, or repair of any type building, structure, or roadway, or driveway materials. Material would commonly contain, but not be limited to, building materials, rubble, stone, brick, earthwork, paving materials, concrete, blocks, wood, roofing materials of all types, metal, piping, asphalt, fencing, cabinets, HVAC ducting, heating and air conditioning equipment, plumbing fixtures and the like. This material will not be collected routinely by the City. The customer should contact the Director of Public Works to schedule the removal, or arrange for a roll-off container to be provided but the City. The cost of this service will be in accordance with the type of materials and the cost of associated disposal.
(7) "Hazardous material:" Shall be any type material or product whose chemical or biological nature make it dangerous to the human health if disposed improperly, or that could cause harm to the environment. This includes any material which requires special handling due to its acute or chronic effects on air and water quality, on fish, wildlife, or other biota and on the health and welfare of the public, including but not limited to explosives, pathological wastes, radioactive materials, oil-based paints, thinners, fluorescent bulbs, auto fluids, pesticides, flares, pool chemicals, sharps or needles, batteries, and acidic, caustic, toxic or highly flammable chemicals. The City will not collect hazardous material on any regular Solid Waste services. Arrangements for the special disposal shall be made by the customer for the proper, safe, and legal disposal of hazardous material by calling the Solid Waste Authority.
(8) "Infectious waste:" Is any type of waste material resulting from the operation of medical clinics, hospitals, abattoirs, and other facilities producing waste which may consist of human and/or parts, contaminated bandages, pathological specimens, hypodermic needles, contaminated clothing and surgical gloves. The City will not routinely collect infectious waste. Arrangements for special disposal shall be made privately by the customer for the proper, safe, and legal disposal of infectious waste according to standards within the relevant industry.
(9) "Recyclable materials:" Shall mean newspaper (including inserts), aluminum, plastic containers, glass bottle and jars, milk and juice cartons, aseptic containers, corrugated cardboard, brown paper bags, mixed paper, tin, and ferrous cans, household dry-cell batteries (no wet-cell batteries) and other type materials that have known recycling potential, can be feasibly recycled, and have been diverted and source separated or have been removed from the solid waste stream for sale, use, or reuse as raw materials, whether or not the materials require materials would include items that are capable of being recycled and which would otherwise be processed or disposed of as solid waste. Recycled material shall be collected on a scheduled routine basis from each residential unit in the City.
Residential dwelling unit means any structure or shelter, house, apartment building, or any part thereof used or constructed for human habitation and shall include bath and culinary accommodations for one or more families.
(1) "Single-family dwelling:" means a residential dwelling unit designed to contain only one (1) family, or any residential dwelling unit, or any number of residential dwelling units receiving Solid Waste service for each individual dwelling unit.
(2) "Multi-family dwelling:" means a residential dwelling unit designed to contain more than one (1) family, and received containerized Solid Waste service.
Sanitation Supervisor. See Director of Public Works.
Special pickup, and costs referenced herein, shall apply when residential solid waste, exclusive of construction debris, greater than six (6) cubic yards must be collected and disposed of separate from other provisions of this Article. Special pickups will be coordinated with the resident and a Solid Waste Supervisor as to time, place, date, and items to be picked up. Items to be picked up will not be deposited at the curbside more than twenty-four (24) hours prior to the scheduled special pickup. All special pickups shall be at additional cost to the resident. An estimate of the cost of the special pickup should be obtained by contacting the office of the Director of Public Works. Special pickups will be made as soon as practicable upon acceptance of the cost estimate by the
owner.
(Ord. No. 82-29, § 1, 9-21-82; Ord. No. 92-12, § 1, 6-2-92; Ord. No. 94-28, § 1, 9-9-94; Ord. No. 04-030, § 2, 5-18-04; Ord. No. 08-012, § 2, 6-3-08; Ord. No. 14-022, § 2, 9-16-14; Ord. No. 19-040, § 2, 12-3-19)
(a) The City will collect noncontainerized residential refuse under the following conditions:
(1) Garbage will be collected twice per week at curbside only from each single family residential unit in the City provided with roll-out garbage carts. The placement of household garbage in a loose and uncontained manner on the roadside, swale or other locations adjacent to the roadway with the expectation of collection shall be strictly prohibited. There will be an automatic mandatory service charge for loose household bulk trash not bagged or processed which will require cleanup after the pile has been serviced. All material intended for disposal with the roll-out garbage carts shall be placed inside the cart, and the lid of the cart must be closed. All refuse cans and carts shall be aboveground, placed off the street, but within three (3) feet of the curb or edge of pavement and shall be located a minimum of three (3) feet from any obstruction that may interfere with routine collection. Yard trash and combustible trash will not be collected with household garbage, but will be picked up once per week on a scheduled trash pickup day. Yard trash and combustible trash capable of being containerized should be placed in a standard garbage can, roll-out garbage cart, plastic bag, or disposable container, only yard waste generated by residential property will be eligible for collection. Collection of yard trash should be piled separately from all other trash at curbside. Any mixing of household garbage, combustible, noncombustible, or bulk trash with the yard trash shall be strictly prohibited. Materials classified as hazardous material will not be collected by the City. Household garbage, trash or any type of other material intended for collection, shall not be set out prior to the day proceeding the scheduled pickup. Placing of bulk trash/vegetation on vacant lots is strictly prohibited. Bulk trash/vegetation shall not exceed three cubic yards and must be properly processed and placed away from obstacles such as cars, garbage carts, overhead wires, and low-hanging trees.
(2) All garbage cans provided by the individual customer shall be subject to inspection and approval by the Director of Public Works or designee at all times. A container not approved by the Director of Public Works and which is set out for collection will have a notice placed upon the container, handed to the owner or occupant, or left at his residence and the occupant shall no longer use the container for collection.
(3) Special waterproof disposable refuse bags or any other containers may be used for vegetative materials. When such bags or any other containers are used, the responsibility for protection of either the bag or the container and the contents shall rest with the individuals occupying or residing on the property. Rupture of, or damage to the bag or container, from any cause which results in the scattering of refuse prior to the arrival of City collection personnel will obligate the user to reassemble all of the refuse in an undamaged bag or container prior to pickup by the City.
(4) No yard trash shall be placed on property owned or occupied by others without permission.
(5) Refuse containers, cans, and carts shall not be kept or maintained upon or adjacent to any street, sidewalk, parkway, front yard, side yard or other place within the view of persons using any street or sidewalk located within the City, except as provided herein. Protection of the containers placed for collection is the responsibility of the resident.
(6) Curbside residential recycling service will be given to each residential dwelling unit with the City, once a week. The City shall provide each resident with two (2) recycling bins or carts. One shall be used for the accumulation of plastic containers, glass, aluminum and other allowable co-mingled materials. The other shall be used for newspaper, magazines, glossy paper, office grade paper, and corrugated cardboard. The bins shall be set out on the designated collection day.
(7) Where the resident of a dwelling unit is physically unable to deliver residential solid waste to curbside the resident can complete an application for request for reasonable accommodation. The Public Works Director or his or her designee shall review the request and make a determination on the request for reasonable accommodation based upon a finding that the proposed accommodation is reasonable, and the applicant is an individual with a disability as defined in 42 U.S.C. § 12102 of the Americans with Disabilities Act. The applicant will be notified in writing of the decision on the request for reasonable accommodation. Regardless of any accommodation made pursuant to the facts described in this paragraph, vegetative waste must continue to be placed at curbside.
(8) Hazardous wastes, infectious wastes, construction and demolition material, dead animals and any other prohibited waste shall not be placed in garbage cans, bags, or any other types of containers or placed loose on the ground with the expectation of having the material collected by the City. These materials are not part of Single Family Residential Refuse Collection Service. The resident and/or property owner should contact the Director of Public Works in order to inquire as to the proper disposal method for such materials.
(9) Mandatory service charge:
a. The mandatory service charge is set forth to prevent the unlawful disposal of bulk trash/vegetation material, at the curbside on the wrong service day.
b. Immediately upon observance of this condition, the Public Works Director shall cause the pile to be removed and the mandatory service charge will be assessed.
c. The utilities account holder and/or property owner will be responsible for the payment of mandatory service charge, which will be automatically added to the water bill.
(Ord. No. 82-29, § 1, 9-21-82; Ord. No. 92-12, §§ 2—4, 6-2-92; Ord. No. 94-28, § 2, 9-9-94; Ord. No. 04-030, § 2, 5-18-04; Ord. No. 08-012, § 2, 6-3-08; Ord. No. 08-029, § 2, 10-21-08; Ord. No. 14-022, § 2, 9-16-14; Ord. No. 19-040, § 3, 12-3-19)
(a) Regulations governing containerized service:
(1) Containerized refuse service shall be carried out by the City at commercial or multifamily residential establishments in the promotion of improved sanitary conditions for the prevention of health hazard. Containers are supplied by and shall remain the property of the City. The landowner is responsible for the protection of containers placed to serve the premises. The landowner shall be liable to the extent of the cost of repairs and cleanliness or replacement of containers when damaged by fire, negligence, vandalism or other forms of abuse.
(2) Unimpeded access to containers at all times shall be provided by the landowner. All containers shall be located so that the collection vehicle driver can dump containers without leaving the vehicle.
(3) Customers using garbage chutes or interior storage shall provide containers on rollers which will be the responsibility of the owner or occupant for maintenance. The landowner shall be responsible for placing (rolling) them to the proper position for emptying and in time for emptying.
(4) The size or number of containers shall be determined by the volume of refuse to be deposited and will be in direct relationship to the manner in which the user elects to utilize the space provided in said container or containers. Charges shall be assessed on the basis of cubic yards of refuse removed from premises whether manually compacted or loose.
(5) At each multifamily site, located adjacent to the dumpsters, or a location approved by the City, the City may place a minimum of two (2) recycling carts. The carts are for the purpose of collecting recycling materials. The landowner must allow space for the carts adjacent to the dumpsters, and properly accessible by the City trucks for servicing. The residents of the multifamily development shall be encouraged to conduct recycling. The carts will be serviced a minimum of once a week. The placement of materials, garbage, yard trash, or any other material not approved in the definition of recyclable materials shall be strictly prohibited. This service is provided as a part of the garbage collection fee.
(6) Commercial, institutional, and any other type activity requiring containerized garbage collection, except for multifamily collection service, are encouraged to access the garbage and trash stream, to determine the benefits of recycling. The City will provide dumpsters, designated for cardboard and paper recycling. The service will be provided for a fee.
(Ord. No. 82-29, § 1, 9-21-82; Ord. No. 04-030, § 2, 5-18-04; Ord. No. 14-022, § 2, 9-16-14)
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