A. General:
1. Duty To Deposit Garbage: It shall be the duty of every person owning, leasing, renting, or controlling any house, residence, shop, establishment, hotel, restaurant, market, apartment house, or any other place of business or habitation to deposit all garbage coming from said premises in designated containers or designated sites as applicable.
2. Compliance With Regulations: All residential and commercial users shall comply with the rules and regulations established by the city or duly authorized agent for the use, care and location of solid waste containers and shall keep the lids and covers furnished for such containers closed at all times except when they are being filled, emptied or cleaned. Containers shall be only loaded with bagged garbage and in such a manner as they will self-empty when inverted.
3. Prohibited: It is unlawful for any person to deposit, or cause to be deposited, any solid waste in any container that the resident is not entitled to use. To do so shall result in a fine of not more than five hundred dollars ($500.00) or penalty of imprisonment for not more than ninety (90) days or both, as per Section 1-4-1 of this code.
4. Unlawful Deposit Of Solid Waste; City Collection: It is unlawful for any person to deposit, or cause to be deposited, any solid waste adjacent to any solid waste container, in any street, alley, public ROW, park, or curbside. When solid waste of any kind is found to be deposited in any street, alley, public ROW, or curbside, the property owners, persons controlling the property, tenants, or lessees will receive written notice to remove said solid waste within ten (10) days of notice given. After ten (10) days, if the waste has not been removed, the city or duly authorized agent will collect the waste and may bill the cost of collection on applicable utility bills.
5. Unauthorized Removal Of Solid Waste: No person shall remove solid waste from any solid waste container or facility or in any manner disturb the contents of solid waste containers within the service area.
6. Bagging Required; Large Items: "Solid waste" as defined in section 9-1-1 of this chapter shall be bagged and tied prior to depositing in any dumpster or poly cart. Bagged and tied items include, but are not limited to, the following: yard waste, such as grass, trees, bushes, leaves, etc., trash of all kinds and varieties, rubbish, food waste, cardboard, etc. Items too large or heavy to bag, such as furniture, mattresses, and appliances shall be delivered to the Deming/Luna County transfer station or Butterfield Trail regional landfill as applicable. Special pick ups for large or heavy items are available by request and billed according to rates established by ordinance. Any person found depositing large items in the alleys, or ROW, without requesting special pick up, will be prosecuted to the fullest extent of the law as per section 1-4-1 of this code.
7. Fees: The garbage collection fees set out in this chapter shall be included within the monthly water, sewer, or gas utility bill to each water, sewer, solid waste or gas user, and the city shall only accept payment of the water, sewer or gas utility bill if the appropriate garbage fee is paid therewith.
8. Solid waste users located where additional city services are not available, such as city water, city sewers, or city natural gas, shall be billed monthly by separate billing for the appropriate garbage collection for their premises. Commercial owners or owners of high volume residences or occupants of any of these premises which do not use city water and/or city gas shall be billed monthly by separate billing for the appropriate garbage fees for their premises. In the event solid waste fees are not paid in full, garbage service will be stopped, container will be removed, and a fee of thirty five dollars ($35.00) will be charged to reinstate services and return solid waste container to said premises.
9. Appliances, Automotive Waste:
a. No person shall deposit in any alley, dumpster, poly cart, public street, or ROW, any refrigerators, freezers, washing machines, clothes dryers or other appliances, mattresses, agricultural crop residues, live or dead animals, animal manures, mining waste, fuel extraction waste, forestry waste, ash from industrial boilers, furnaces and incinerators, appliances, bricks, concrete, lumber, hot ashes, dirt, plaster, sand, gravel, large chunks of metal, such as automobile frames, and other heavy materials, tires, automotive batteries or any waste which cannot be deposited in the city's solid waste facility under NMED regulations.
b. Items described in this subsection A9 shall be taken by the responsible party to the Deming/Luna County transfer station or as directed by the public works department or duly authorized agent. City personnel or duly authorized agent will inspect and determine if the item is acceptable for disposition in the city landfill. Special pick ups by city personnel or duly authorized agent for large or heavy items are available by request and billed according to rates established by ordinance. Any person found depositing large items in the alleys, without requesting special pick up, will be prosecuted to the fullest extent of the law as per section 1-4-1 of this code.
10. Penalty: Any person violating the requirements, stipulations, and provisions within this subsection shall, upon conviction thereof, be punished as provided in section 1-4-1 of this code, which can be obtained at www.cityofdeming.org or 309 S. Gold Avenue.
B. Commercial Garbage Dumpsters:
1. Furnished By City Or Duly Authorized Agent: The city or duly authorized agent shall furnish solid waste containers to those commercial users who request dumpsters for depositing their garbage. If the public works director or duly authorized agent decides the existing dumpster capacity is insufficient, such as consistently overfilled dumpsters with lids not fully closed, the public works director or duly authorized agent reserves the right to determine the need, size, and number of additional dumpsters and/or additional scheduled pick ups, make said changes and increase the bill as per standard ordinance fees. The user will receive written notice prior to any mandated changes in dumpster size, location, or number of pick ups. Upon placement of the dumpster, and written notice to the intended user, at a location on thecommercial property suitable for pick up by the city garbage truck, said intended user shall thereafter exclusively use said solid waste containers. Scheduled pick ups are in operation from Monday to Friday. Pick up schedule may be amended at any time by the public works director or duly authorized agent based on holidays, increased demand, or emergencies.
2. Delivery Of Items To Transfer Station: No items, bagged, bundled or otherwise, may be placed for pick up outside, adjacent to, or on top of the dumpster. Said items shall be delivered to the Deming/Luna County transfer station or an additional pick up can be requested and billed according to rates established by ordinance.
3. Prohibited Items In Dumpster: The following items are not allowed to be deposited in dumpster(s):
a. Any item that is not bagged,
b. Appliances, mattresses, boxes, furniture or auto parts,
c. Concrete, remodeling debris, or demolition material,
d. Hot ashes, oil, gas, grease, paint, or any form of hazardous or special waste,
e. Tree trimmings that exceed two feet (2') in length or three inches (3") in width.
4. Area Needing Large Solid Waste Container; Notice; Protest: If the city, or its duly authorized agent, shall determine that any particular area of the city would be better served by use of a large solid waste container for garbage collection, the public works director or duly authorized agent may so designate such an area. If such an area is designated, the public works director or duly authorized agent shall give written notice, certified mail, return receipt requested, to each property owner within the designated area. Each property owner shall have ten (10) days thereafter to protest the designation. Thereafter, the property owners shall pay a pro rata share of the cost and the monthly charge for such solid waste containers.
5. Dumpsters At City Parks And Facilities: Dumpsters provided at city parks are intended solely for park users. Dumpsters provided at city parks are intended solely for park users. Dumpsters provided for city facilities are intended solely for city personnel conducting official city business. No person shall deposit any solid waste into any solid waste container provided by the city or duly authorized agent, located at city parks or facilities without prior express written approval.
6. Penalty: Any person violating any provision of this subsection shall, upon conviction thereof, be punished as provided in section 1-4-1 of this code. (Ord. 1260, 9-29-2016; amd. Ord. 1285, 12-17-2019)