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GENERAL PROVISIONS
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CITY SOLID WASTE TRANSFER STATION. The city-operated transfer station.
COLLECTOR. A person licensed to haul refuse and/or garbage as herein defined, including a person who leases roll-offs for the collection of any waste materials.
CONSTRUCTION AND DEMOLITION WASTE or C & D. Waste which results from land clearing, the demolition of buildings, roads or other structures, including but not limited to, beneficial fill materials, wood (including painted and treated wood) and land clearing debris other than yard waste. Such waste shall also include the above listed types of waste that result from construction projects. CONSTRUCTION AND DEMOLITION WASTE shall not include friable asbestos waste, special waste, liquid waste, hazardous waste and waste that contains polychlorinated biphenyl (PCB), putrescible waste, household waste, industrial solid waste, corrugated cardboard, appliances, tires, drums and fuel tanks.
DEAD ANIMALS. All small animals such as cats, dogs and rabbits, which die from any cause. They shall in no way mean large animals such as goats, horses, mules and cows, which shall die from any cause.
DETACHABLE CONTAINER. A container of the size approved by the Public Works/Environmental Services Department that can be lifted and dumped by a collection truck mechanism.
DIRECTOR. The Director of the Public Works/Environmental Services Department or the Director’s authorized representative.
GARBAGE. Applies to, consists of, means and includes food waste from kitchens, shops and stores, including peelings, vegetable tops, waste from meats, fish and poultry and such leftovers as are not fit for keeping and using, spoiled fruits, vegetables and meats and other perishable wastes that attend the preparation, use, cooking or the dealing in or storage of meats, fish, fowl, fruits or vegetables. GARBAGE may be referred to as (MUNICIPAL) SOLID WASTE.
LITTER. Includes, but is not limited to:
(1) Trash, rubbish, refuse, garbage, paper, rags and ashes;
(2) Wood, plaster, cement, brick or stone building rubble;
(3) Grass, leaves and worthless vegetation;
(4) Offal and dead animals; and
(5) Any machine, vehicle or parts of a machine or vehicle which have lost their identity, character, utility or serviceability as such through deterioration, dismantling or the ravages of time, are inoperative or unable to perform their intended functions, or are cast off, discarded or thrown away or left as waste, wreckage or junk.
MASONRY RUBBLE. Applies to, consists of, means and includes brick, concrete, concrete block, stone, tile or other masonry material that contains no plaster, gypsum products, wood or combustible material.
REFUSE. Consists of the waste material from normal households or living conditions and business and construction operations other than garbage. In general, the kinds of materials classified as REFUSE are paper, rags, bottles, tin cans, bottle caps, cardboard, worn out clothing or furniture, household appliances, garden or tree trimmings, wall coverings, drywall, plaster, non-asbestos insulation, roofing shingles and other roof coverings, plumbing fixtures, glass, plastic, carpeting, electrical wiring, pipe and metals and similar materials.
ROLL-OFFS. A removable container; a constructed container of any size so designed for use to temporarily collect and contain refuse. The container is mechanically picked up, dumped and/or transported by a specifically constructed vehicle designed for this purpose.
SPECIAL WASTE. A solid waste, except waste which is regulated as a hazardous waste, which possesses physical, chemical or biological characteristics that make it different from general household, or construction and demolition waste, and which requires special handling, treatment or disposal methodologies in order to protect public health, safety and the environment.
WASTE MATERIAL. Includes all items, objects or material not included within the definition of garbage, litter, dead animals, yard waste or refuse as well as petroleum oils, greases, solvents and fuels, insecticides, herbicides, chemical waste, hazardous materials or any materials similar to those listed herein.
YARD WASTE. The accumulation of grass and leaves collected as a result of the care of lawns but shall not include other yard debris such as tree limbs and brush.
(Prior Code, § 50.01) (Ord. 94-57, passed 9-19-1994; Ord. 08-23, passed 8-18-2008)
(A) The Public Works Department is hereby charged with the duty of enforcing the provisions of this chapter pertaining to the collecting, transporting and disposing, by approved methods, of all garbage, litter, refuse, yard waste and waste materials within the city.
(B) Approved methods of disposal for garbage, litter, refuse and waste materials are as follows:
(1) By delivery to a licensed garbage or refuse collector;
(2) By hauling to the city-operated transfer station and dispensing there as directed by the person in charge; provided, that the transportation conforms to the requirements of § 50.20 of this code; and
(3) By disposal of garbage in a home garbage disposal unit.
(Prior Code, § 50.02)
The transfer station shall be opened to licensed garbage collectors and all other individuals hauling their own garbage or refuse during those hours as established by the Director. All licensed garbage collectors and all non-licensed individuals hauling their own garbage or refuse shall at all times comply with the rules and regulations covering the use of the transfer station dump areas as adopted and promulgated by the City Council or Director.
(Prior Code, § 50.03) (Ord. 89-8, passed 3-20-1989)
COLLECTION
(A) No collector shall engage in the business of hauling any garbage/refuse or leasing roll-offs for use within the city without having first procured a license from the City Clerk’s office. No collector shall procure a license from the Clerk until he or she posts a bond with the City Clerk. Each collector shall supply to the city a bond protecting the city in an amount equal to one-fourth of the total transfer station fee charges incurred by the collector during the preceding calendar year. Any collector who has been engaged in the business of hauling garbage or refuse for less than one full calendar year immediately preceding the filing of the application shall post a bond in an amount as set by resolution. All fees for use of transfer station as set by resolution shall be paid at the time of use or may be charged by the collector and paid to the city by the collector on a monthly basis. The condition upon which the bond is to be held is that the collector shall be allowed to charge fees for the use of the transfer station. However, all charges shall be paid monthly to the City Clerk, and each payment shall be made no later than the first of the month immediately following the billing. If the payment is not made to the City Clerk as described above by the first day of the month immediately following the billing, the collector shall pay in cash or certified check, for all fees which the collector incurs as a result of using the transfer station. If all of the payments are not paid as due to the City Clerk as set forth, the bond shall be deemed forfeited up to the amount of the total fee as charged but unpaid by the collector.
(B) After approval of the application by the City Council for the license and bond as posted by the applicant, the Clerk shall issue a license to haul garbage in the city, after payment has been received in a sum as set by resolution, and which license shall expire on the last day of April next following the date of issuance thereof. A license issued under the provisions of this section shall further authorize the licensee to haul refuse as defined in this chapter, provided, however, that all refuse shall be no greater than eight feet in length. Any material dumped which is longer than eight feetshall be required to pay an additional fee, as set by resolution, for each such occurrence over and above the regularly established fees.
(C) (1) A license issued under the provisions of this section may be revoked or suspended by the City Council after a hearing to determine if any provisions of this chapter have been violated by the collector.
(2) If a license is suspended, the equipment of the license holder may not be used by any other party, person or entity for the purpose of picking up or hauling garbage or refuse for a period of one year from and after the date of revocation or suspension of the license.
(Prior Code, § 50.20) (Ord. 91-02, passed 4-1-1991; Ord. 05-22, passed 3-21-2005; Ord. 08-23, passed 8-18-2008) Penalty, see § 50.99
A person having a license to collect garbage and/or refuse shall call at least once every two weeks throughout the year, at each place where garbage accumulates, and more often if the Director shall deem it necessary. All garbage and refuse so collected shall be conveyed and disposed of at such place and in such manner as herein provided.
(Prior Code, § 50.21) (Ord. 88-11, passed 3-21-1988; Ord. 05-22, passed 3-21-2005) Penalty, see § 50.99
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