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Words not defined herein shall be given the meaning ordinarily applied to such words.
BAGS: Plastics sacks designed to store refuse with sufficient wall strength to maintain physical integrity when lifted by the top. Total weight of a bag and its contents shall not exceed thirty-five (35) pounds.
BIN and BOX: Metal receptacle designed to be lifted, transported and emptied mechanically for use at commercial and industrial units.
BULKY WASTE: Stoves, refrigerators, water tanks, washing machines, furniture and other waste materials other than construction debris, dead animals, hazardous waste or stable matter with weights or volumes greater than those allowed for containers for residential customers and in bins for commercial and industrial customers.
BUNDLE: Tree, shrub and brush trimmings four feet (4') in length or newspapers and magazines securely tied together forming an easily handled package not exceeding three feet (3') in length or thirty-five (35) pounds in weight.
CODE ENFORCEMENT OFFICER: The authorized employee or employees of the City or some individual designated by the City Council as having the duty of the enforcement of this Article.
COMMERCIAL AND INDUSTRIAL REFUSE: All bulky waste, construction debris, garbage, rubbish and stable matter generated by a producer at a commercial and industrial unit.
COMMERCIAL AND INDUSTRIAL UNIT: All premises, locations or entities, public or private, requiring refuse collection within the corporate limits of the City not a residential unit.
CONSTRUCTION DEBRIS: Waste building materials resulting from construction, remodeling, repair or demolition operations.
CONTAINER: A receptacle with a capacity of greater than twenty (20) gallons, but less than thirty-two (32) gallons constructed of plastics, metal or fiberglass, having handles of adequate strength for lifting and having a tight-fitting lid capable of preventing entrance into the container by vectors. The mouth of a container shall have a diameter greater than or equal to that of the base. The weight of a container and its contents shall not exceed seventy (70) pounds.
CONTRACTOR: The person, corporation or partnership performing refuse collection and disposal under contract with the City.
DEAD ANIMALS: Animals or portions thereof equal to or greater than ten (10) pounds in weight that have expired from any cause, except those slaughtered or killed for human use.
DISPOSAL SITE: For the purpose of the protection and preservation of the health and welfare of the inhabitants of the City is hereby at such places and location as the City Council may from time to time designate by motion or order, a place for the dumping and depositing of rubbish and garbage and any such place or location shall be known and the same is hereby designated as the city disposal site.
GARBAGE: Any and all dead animals of less than ten (10) pounds in weight, except those slaughtered for human consumption; 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 waste animal or vegetable matter which is likely to attract flies or rodents); except (in all cases) any matter included in the definition of "bulky waste", "construction debris", "dead animals", "hazardous waste", rubbish or "stable matter".
HAZARDOUS WASTE: Any chemical, compound, mixture, substance or article which is designated by the United States environmental protection or appropriate agency of the state to be "hazardous" as that term is defined by or pursuant to federal or state law.
MULTI-FAMILY RESIDENTIAL UNIT: A group of three (3) or more dwelling units in one location, regardless of any lot or property divisions, which are owned, managed or controlled by one individual or organization. Each residential unit may be billed separately, unless the owner fails to keep or cause to be kept, all bags, bundles and containers in such manner that there is no scattering of refuse. If after issuance of a second five (5) day notice within any twelve (12) month period, the owner has failed to comply, the city may require that the owner shall supply a commercial bin or box and be billed for the balance of any monthly charge that is not already being paid by the tenants or occupants. The city shall require that the bin remain for a period of twelve (12) months. After a period of three (3) months, the owner may request a reevaluation, and if the city can verify that there is continuing compliance, the city may allow the return of the bin to the refuse collection company. A required bin will not diminish the owner's, manager's, or occupant's responsibilities to jointly and severally comply.
PRODUCER, COMMERCIAL AND INDUSTRIAL: An occupant of a commercial or industrial unit who generates refuse.
PRODUCER, RESIDENTIAL: An occupant of a residential unit who generates refuse.
REFUSE, COMMERCIAL AND INDUSTRIAL: This term shall refer to commercial and industrial refuse to be collected and disposed of pursuant to contract unless otherwise required.
RESIDENTIAL UNIT: A division of land or property containing one or two (2) dwelling units within the corporate limits of the city occupied by a person or group of persons. A residential unit is deemed occupied when either water or electrical services are being supplied thereto. Each individual residential unit's refuse collection fees may either be billed separately or to the owner.
RUBBISH OR REFUSE: All waste wood, wood products, tree trimmings, grass cuttings, dead plants, weeds, leaves, dead trees or branches thereof, chips, shavings, sawdust, printed matter, paper, pasteboard, straw, used and discarded mattresses, used and discarded clothing, used and discarded shoes and boots, combustible waste pulp, boxes and other products such as are used for packaging, wrapping, crockery and glass, ashes, cinders, floor sweepings, glass, mineral or metallic substances, and any and all other wastes materials, not included in the definition of "bulky waste", "construction debris", "dead animals", "garbage", "hazardous waste" or "stable matter", stoves, refrigerators, washers, dryers, furniture, scrap metals, car parts, tires.
STABLE MATTER: All manure and other waste matter normally accumulated in or about a stable or any animal, livestock or poultry enclosure and resulting from the keeping of animals, poultry or livestock. (Ord. 1588, 11-25-1980; Ord. 1703, 8-5-1985; Ord. 1704, 8-5-1983; Ord. 2958, 3-3-2014)
The chief of police or such other persons as may be appointed by the mayor and city council shall be responsible for the enforcement of the provisions of this article and other duties as the city council may prescribe, and there shall be designated an enforcement officer who shall enforce the same at the direction of the mayor and city council. (Ord. 1143, 11-4-1968)
The mayor shall designate a code enforcement officer or any other person concerned with the enforcement of laws, who shall have the right of ingress or egress to any premises for the purpose of inspecting all places and containers where rubbish and garbage is accumulated or kept. (Ord. 1588, 11-25-1980)
(1) Every owner and occupant of premises within the prescribed limits of the city must use the refuse collection and disposal system herein provided and shall deposit or cause to be deposited in accordance with these regulations all rubbish and garbage that is of such nature that it is perishable, or may be scattered by wind or otherwise.
(2) In sparsely populated areas of the city where the collection of garbage and refuse on the schedules hereinafter set forth would be impracticable, the city council may issue a special permit altering the time and extent of collection. (Ord. 1143, 11-4-1968)
(1) Licensing And Contracting:
A. The mayor or city council shall be the sole authority to license, contract or perform all services pertaining to sanitary collection and disposal and to establish reasonable fees for licenses and is hereby authorized to enter into contracts with one or more contractors, and establish reasonable rules and regulations governing the conduct and operation of such licenses of contractors.
B. The city council may require of any such collector or contractor a financial guarantee in a reasonable amount, the condition of which shall be the satisfactory performance of the contract.
(2) City To Make Rules And Regulations: The city clerk or code enforcement officer may make or prescribe such rules and regulations as they shall deem advisable; such to be enforced after approval of the mayor and city council by resolution. Said rules and regulations may cover charges for service for periods of less than one month, applications for exemptions from charges when house or building is unoccupied when water service is furnished.
(3) Collection, Transportation And Disposal: There is hereby established a system of collection, transportation and disposal. It shall be unlawful for any person to engage in the business of collecting, transporting, hauling, or conveying any refuse over the streets or alleys, or to dump or dispose of the same, unless such person has a contract therefor as an authorized representative of the city.
A. Residential Collection:
1. Service Provided: The contractor shall provide curbside collection service for the collection of residential refuse to each residential unit once per week. Containers, bags, and bundles shall be placed at curbside by seven o'clock (7:00) A.M., on the designated collection day. The contractor shall provide for the special collection from residential units of bulky waste, construction debris and stable matter. Also, the contractor may provide for the special collection of dead animals and hazardous waste at residential units at its sole discretion and upon such terms as the contractor shall specify. (1962 Code, sections 07-03-13 and 07-03-14; Ord. 1588, 11-25-1980; 1994 Code; Ord. 2558, 10-17-2005)
2. Location Of Containers, Bags And Bundles For Collection: Each container, bag and bundle shall be placed at curbside for collection. Curbside refers to that portion or right of way adjacent to paved or traveled city roadways (including alleys). Containers, bags and bundles shall be placed as close to the roadway as practicable without interfering with or endangering the movement of vehicles or pedestrians. When construction work is being performed in the right of way, containers, bags, and bundles shall be placed as close as practicable to an access point for the collection vehicle. Contractor may decline to collect any container, bag and bundle not so placed.
Refuse containers, except approved volume containers as defined in subsection (3)B hereof, shall not be placed nor stored outside within twenty five feet (25') of any public street in any residential area of the City except on regularly scheduled collection days within that area. The siting of approved volume containers adjacent to the public streets shall be subject to the approval of the City Engineer. (Ord. 2112, 10-2-95)
3. Hours Of Operation: Collection of refuse shall not start before seven o'clock (7:00) A.M. or continue after nine o'clock (9:00) P.M. on the same day. Exceptions to collection hours shall be effected only upon the mutual agreement of the City and contractor, or when contractor reasonably determines that an exception is necessary in order to complete collection on an existing collection route due to unusual circumstances.
B. Commercial And Industrial Collection:
1. Service Provided: The contractor shall provide curbside collection service for commercial and industrial refuse in accordance with schedule submitted in the proposal. The contractor may from time to time provide for the special collection of dead animals and hazardous waste at commercial and industrial units at its sole discretion and upon such terms as the contractor shall specify.
2. Location Of Bins For Collection: The contractor shall provide bins and boxes for commercial and industrial units whenever customer request their use. Each bin or box shall be placed in an accessible outside location on a hard surface according to individual agreement. The contractor may decline to collect refuse in bins or boxes not so placed.
3. Hours Of Operation: Collection of commercial and industrial refuse shall take place according to individual agreement.
4. Routes Of Collection: Commercial and industrial unit collection routes shall be established by the contractor at its sole discretion.
5. Notification To City: The contractor shall notify the city of the rates and any changes in rates for all commercial and industrial customers.
(4) Method Of Collection: Fees for collection of refuse shall be included on the water and sewer bill, the same shall be paid with the water and sewer bill, and the water and sewer departments are authorized to discontinue service to any premises if the entire water, sewer and refuse collection bill is not paid. The procedures for initiating service, disconnecting service, billing of accounts and processing of delinquent accounts shall be in accordance with policies adopted by resolution of the city council.
(5) Security Deposits: At the initiation or reconnection of service, the city may elect to collect a security deposit to ensure the ultimate payment of charges and fees. The procedures for collecting, the amount, the procedures for applying to delinquent charges and fees, and the final disposition of unapplied amounts of said security deposit shall be in accordance with policies adopted by resolution of the city council.
(6) Collection Period: Collectors shall collect refuse for residential units once each week through the twelve (12) months of the year or as may otherwise be provided by the rules and regulations of the city council.
(7) Materials Not Acceptable For Collection: Dirt or earth debris from construction or lawn renovation, rocks, stones, automobile bodies and parts, dead animals, building materials such as masonry, plaster, scrap lumber and wood shavings are not acceptable for collection, and such items shall be collected and disposed of by the building contractor, owner, or occupant of the premises. (1962 Code, Sections 07-03-13 and 07-03-14; Ord. 1588, 11-25-1980; 1994 Code; Ord. 2465, 7-21-2003)
(1) Collection Fees: Fees and rates for the collection of refuse shall be set by rules and regulations of the city council adopted by resolution. Provided, further, that where the enforcement of the provisions of this article will work a financial hardship, or where the amount of refuse is of such small amount as to not warrant the collection of the full charges as herein provided, the mayor and city council may issue a special permit altering the provisions of this article.
(2) Municipal Solid Waste Collection And Disposal Fund: The proceeds from the collection of fees and charges herein provided shall be placed in a special fund to be known as the sanitary service revenue fund, and all expenses of the city in the operation of the sanitary collection and disposal system shall be paid out of such fund. (1962 Code Section 07-03-10; Ord. 1588, 11-25-1980; 1994 Code)
For the purpose of the protection and preservation of the health and welfare of the inhabitants of the city, there is hereby established at such places and location as the city council may from time to time designate a motion or order, a place for the dumping and depositing of rubbish and garbage and any such place or location shall be known and the same is hereby designated as the city disposal site. (Ord. 1588, 11-25-1980)
ARTICLE 3
ACCUMULATIONS OF REFUSE PROHIBITED; APPEARANCE OF COMMERCIAL PROPERTIES
ACCUMULATIONS OF REFUSE PROHIBITED; APPEARANCE OF COMMERCIAL PROPERTIES
(Rep. by Ord. 2958, 3-3-2014)
ca59 ARTICLE 5
BURNING OR DUMPING OF RUBBISH AND OTHER MATERIALS
(Rep. by Ord. 2335, 9-5-2000)
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