PENDING ORDINANCES
ORDINANCE NO. 1285
AN ORDINANCE AMENDING TITLE 9, CHAPTER 1 SOLID WASTE/GARBAGE SERVICE/LANDFILL, OF THE MUNICIPAL CODE OF THE CITY OF DEMING, NEW MEXICO
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DEMING, NEW MEXICO THAT TITLE 9, CHAPTER 1, SOLID WASTE/GARBAGE SERVICE/LAN.DFILL, OF THE MUNICIPAL CODE OF THE CITY OF DEMING, NEW MEXICO BE AMENDED TO THE FOLLOWING ATTACHED ORDINANCE:
PASSED, ADOPTED, AND APPROVED, this 17th day of December, 2019.
                  CITY OF DEMING, NEW MEXICO
                  
                  _________________________________
                  Benny L. Jasso, Mayor
ATTEST:
_____________________________
Aaron Sera, Clerk               
               CHAPTER 1
SOLID WASTE/GARBAGE SERVICE/LAN.DFILL
9-1-1:      Solid Waste/Garbage Defined        9-1-2:      Solid Waste/Garbage Collection    9-1-3:      Solid Waste/Garbage Containers
9-1-4:      Solid Waste/Garbage Collection Fees; Dumpsters
9-1-5:      Solid Waste/Garbage Collection Fees; Curbside Collection Of
Poly Cart Containers
9-1-6:      Special Services
9-1-7:      Solid Waste/Garbage Deposits on Private Property
9-1-8:      Landfill Regulations
9-1-1:      SOLID WASTE/GARBAGE DEFINED: The words "solid waste" and "garbage" are synonymous as used in this chapter and  shall include, but not be limited to, any garbage, offal, swill, carrion, ashes, dirt, slop, trash, rubbish, any and all rejected or waste food, wastepaper, solid waste and waste or unwholesome materials of every kind and character excepting, sewage and recognizable industrial byproducts. 
9-1-2:    SOLID WASTE/GARBAGE COLLECTION:
The Council, by resolution, may provide for the collection, removal and disposal of all garbage by one or more of the following methods:
1. By the designation, appointment or employment of a suitable person as collector, in which event said charges, determined by Ordinance, and therein provided for, when collected, shall be paid to the City, and such collection, removal and disposal of garbage shall be done under the management, supervision, regulation and control of the Council.
2. In addition to providing garbage collection, transport, and transfer, the City may contract with any person for the collection, removal or disposal of garbage upon such terms and conditions not in conflict herewith as the Council may deem best and most advantageous for the City and the health and safety of the inhabitants thereof; and in such event such contract may provide that the amounts so charged may be collected by the City and paid on the contract to the contractor for collections. Any such contract may provide for the collection and removal of all or any part of such garbage by the contractors to such place or places as the City may designate for the disposal thereof. Any such contract may be canceled and revoked at any time by the Council for noncompliance with the terms and provisions of said contract or of this chapter after 30 days notice and opportunity to be heard by the Council.  Every such person who shall enter into any such contract with the City shall furnish a surety bond in such amount as may be provided for in the contract, conditioned for the faithful performance of the contract by such person and indemnifying and holding harmless, free and clear, the City from any and all damages whatsoever, on account of any injury or damage to
person or property caused by the contractor, his, her, their or its agents or employees.
3. By licensing one or more persons to engage in the business of collecting, removing and disposing of garbage in accordance with the provisions of this chapter and in such event each licensee, before any such license is issued, shall pay a license fee of $500 per annum for each truck, vehicle or trailer used in the collection and removal of the garbage and the vehicles shall comply with reasonable standards for sanitation. All such licenses shall expire on December 31 in each year in which the same are issued. The person so licensed shall receive no compensation from the City for any garbage removed under the license. The license shall be subject to revocation for failure of the licensee to comply with the reasonable sanitary standards prescribed by the City for the removal of garbage.
The City and/or its duly authorized agents or employees shall have the exclusive right within the service area to collect or gather solid waste, with the exception of nonresidential recyclables, commercially compacted items, dead animals, construction and demolition debris, hazardous wastes and other such materials which the City is prohibited by law from collecting or disposing. No person or organization  may  sell  within  the  service  area  any services for the systematic and routine collection, transportation or disposal of garbage, trash or solid waste except for special wastes as defined by NMED Solid Waste Bureau (SWB), residential recyclables, commercially compacted items, hazardous  wastes and other such materials which the City is prohibited by law from collecting or disposing  as per NMED Solid Waste Bureau (SWB). Authorization to provide these services within the City limits requires prior written approval and contract through the public works department. The City reserves the right to negotiate a fee structure, if needed, for any of these services.
The City or duly authorized agent shall provide sufficient employees and equipment for the collection and disposal of all garbage and the same shall be collected as frequently as may be necessary in accordance with good sanitary practices.
Rate Review: Not less frequently than once every twelve (12) months, the established solid waste service rates provided for hereby shall be reviewed and amended if necessary, to meet the determined need to recover sufficient revenues to provide for operation, maintenance and replacement costs. Any amendments, changes, increases or decreases to the rate structure shall be reviewed and approved by City Council.
9-1-3:    SOLID WASTE/GARBAGE CONTAINERS:
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, container, 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 9a 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 garbage collection 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 the commercial property suitable for pick up by the City garbage truck, said intended user shall thereafter exclusively use said solid waste dumpster. 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 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.
9-1-4:                SOLID WASTE/GARBAGE COLLECTION FEES; DUMPSTERS: Garbage collection fees for commercial businesses, multi-family units, or high-volume users shall be in accordance with the payment schedules set out in the tables below.
A.       Commercial Businesses, Multi-Family, High Volume Users:
 
Times Per
Week Pick Up
1.5 Cubic
Yard Dumpster
3 Cubic
Yard Dumpster
1
$ 62.54
$ 85.99
2
$  99.02
$138.11
3
$138.11
$192.30
4
$174.59
$250.16
5
$208.46
$304.87
1. Minimum Monthly Fees: Commercial businesses that share a dumpster with other businesses, shall pay a minimum monthly fee in accordance with the payment schedule set out in the table below. The dumpsters are picked up once per week.
 
Solid Waste Category
Fee
1.5 Cubic Yard Shared Dumpster
$31.27
3.0 Cubic Yard Shared Dumpster
$43.00
2. Dumpster Additional Pick Up Fee: Businesses, multi-family, or high-volume users shall be charged fees for additional dumpster pick up in accordance with the table below. “Additional pick up” is defined as an additional trip to empty dumpster(s) if the dumpster is inaccessible during the regular collection schedule, overfull such that the lids do not shut correctly, or is not in the correct location for pick up as determined by dumpster regulations under this section.  Additional pick up fees will be charged to the relevant address regardless
if the request to pick up was issued by the City or its duly authorized agent, or by customer request:
 
Solid Waste Category
Fee
Additional pick up fees - Commercial
$24.00 per each dumpster
3. Commercial Dumpster Lid Locking Devices: Lid locking devices help provide an additional level of control with apparent dumpster abuse. Lid locking devices prevent easy access to dumpsters as the lock arm keeps the dumpster lids from being easily raised. Dumpsters will self-empty, via collection trucks, without removing the user furnished padlock.  Devices are available for commercial use only. Lid locking devices are available upon commercial user request, subsequent to City or duly authorized agent review, approval, and availability. Devices will be mounted on the dumpster by City staff or duly authorized agent. Commercial users furnish the required padlock for each lid locking device and the padlock(s) remains the responsibility of the commercial user to maintain. There is no cost associated with installation, nor continued use, of lid locking devices. City staff or duly authorized agent reserves the right to install lid locking devices in commercial areas with consistently overfull dumpsters or areas that dumpsters appear to be used as a general solid waste dumping site, not related to solid waste generated by the commercial account holder. In that event, commercial users will be required to furnish and maintain padlocks for each lid locking device installed.
4. Commercial Customers:  Upon request by small commercial/businesses and with the City or duly authorized agent approval one 96-gallon poly cart shall be provided. Poly carts are provided at the current adopted rate per month in accordance with 9-1-5, A.2b.
9-1-5:    SOLID WASTE/GARBAGE COLLECTION FEES; CURBSIDE              COLLECTION OF POLY CART CONTAINERS:
A.   Residential/Commercial:
1. General:
a. Continuation or Implementation of Collection:  Curbside collection shall continue where poly carts are currently in use or will be implemented for any future subdivisions designed with no alleys or where the director of public works or duly authorized agent determines such poly cart containers to be practical, feasible, and efficient means of collection.
All shall be subject to ordinance requirements as written or amended.
b. Residential Customers:  City or duly authorized agent shall provide one 96-gallon cart to each applicable account holder in the order determined by the public works director or duly authorized agent, except in circumstances determined by the public works director or duly authorized agent that a residence will be better served with a dumpster. Poly carts are provided at the current adopted rate per month in accordance with the ordinance.
c. Poly Cart Implementation: Poly cart implementation and scheduling shall be established by the public works department or duly authorized agent as applicable to this chapter.
d. Poly Cart Provision, Construction: Poly carts shall be provided by the City or duly authorized agent to applicable account holders and shall be made of metal or plastic with tightfitting covers. Solid waste shall not exceed the container capacity, and the container lid must be securely closed when not in use. No person shall remove for their own use, someone else's container.
e. Poly Cart Return Upon Vacation of Property: When owners, tenants, lessees, etc., vacate a property, the poly cart must be available for pick up by the solid waste department or duly authorized agent. Property owners are responsible for the cost of replacement poly carts if not made available or returned as scheduled.
f. Bagging Trash: All trash shall be bagged to prevent spilling when the poly cart is emptied into the collection truck as per 9-1-3 A.6.
2. Fees:
a. The fee for individual poly cart containers shall be in accordance with the table below. Poly carts are picked up weekly.
b. The account holder shall be charged at the current adopted rate per month for each scheduled curbside collection pick up per poly cart. Fees shall be in accordance with the payment schedule set out in the table below:
POLY CART FEES
 
Number of Pick Ups Per Week
Residential
Each
Poly Cart
Residential Each Additional Poly Cart
Commercial
Each
Poly Cart
Commercial Each Additional Poly Cart
1
$19.54
$15.00
$19.54
$15.00
2
$39.08
$30.00
$39.08
$30.00
B.      Precollection/Collection Practices:
1. All residential and commercial users shall comply with the rules and regulations established for the use, care and location of poly cart 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. All garbage and solid waste containers provided by the City or duly authorized agent shall be kept in neat and sanitary condition at all times. Containers shall be only loaded with bagged garbage and in such a manner as they will self-empty when inverted. All garbage must fit inside the cart with the lid completely closed. Overfilled poly carts (with lids not completely closed) will not be emptied during the regular route schedule. Additional pick up fees will apply if the City or its duly authorized agent is requested to return prior to the next regularly scheduled pick up day or if the poly cart was skipped due to an overfilled or inaccessible poly cart.
2. The front of the cart should face the street with the cart’s handle facing the residence. Place cart(s) curbside no later than six o’clock (6:00) A.M. on the designated collection day, unless otherwise directed by the public works department or its duly authorized agent.
 
3. Poly carts shall be located in an accessible location within the street ROW, including, but not limited to, one or more of the following: a) five feet (5') from the curb between the curb and center of the street, b) five feet (5') from the edge of asphalt between  the edge of asphalt and the center of the street. Exceptions to the five-foot (5') clearance rule such as dirt roads or narrow streets will be determined by the public works department or duly authorized agent.
4. Carts must also be placed five feet (5') from any obstacle, including, but not limited to, parked vehicles, gas or electric meters, fences, cable boxes, street signs, lampposts, trees, mailboxes, structures, etc.
5. The owner, occupant, tenant, or lessee of each individual property shall store the poly cart on their property for the purpose of and in such a manner to keep the containers from being overturned or upset and the contents scattered.
6. No items, bagged, bundled or otherwise, may be placed for pick up outside, adjacent to, or on top of the poly cart. Scattered solid waste or trash is the responsibility of the owner, occupant, tenant, lessee, etc.  If said solid waste is not picked up or removed within twenty-four (24) hours of first notice by a City employee or duly authorized agent or resident message to City office, then City staff or duly authorized agent will schedule an additional pick up and the applicable resident will be charged for said additional pick up at the current rate established by ordinance.
7. It is unlawful to maliciously damage any solid waste container owned by the City or duly authorized agent. Any person that damages any container provided for residential or commercial users shall be liable to the City or duly authorized agent for the cost of repair, replacement, or loss of such container at the current market rate including freight for such containers.  All residential and commercial poly cart users shall be responsible for lost, vandalized, damaged, stolen, or burnt poly carts and any, or all costs associated with replacement. The City shall be entitled to seek restitution for all poly cart maintenance repairs or loss. If the public works director or duly authorized agent determines that damage was due to normal wear and tear, repair of such items will be covered by the City or duly authorized agent.
8. Poly carts are to be placed at the designated pick up area on assigned pick up day only. It is the responsibility of the account holder to notify the City utility department or duly authorized agent when vacating premises so that assigned poly cart will be removed by the public works department or duly authorized agent. Failure to do so could result in a replacement charge to the account holder.
 
Solid Waste Category
Fee
Residential/commercial 96-gallon replacement poly cart
Current market value plus applicable freight
9. The following items are not allowed to be deposited in poly cart(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.
f. Live or dead animals.
10. Service Collection Assistance: The City or duly authorized agent may provide a no-cost weekly cart roll out collection assistance service to elderly, handicapped, or otherwise special needs residents that do not have a household member available to roll out the cart. Eligible persons are those having disabilities which restrict mobility or otherwise affect the ability to transport the garbage receptacle to the place of collection. This service may include entry onto the property to remove the garbage receptacle for placement at curbside for collection. The cart must be visible and accessible to the driver. Persons requesting this service shall make, prior to obtaining this service, application to the Public Works Department or duly authorized agent and they will determine if the service is warranted and their decision is final. Annual renewal of the application shall be required. Such special residential curbside collection assistance is personal to the applicant and not transferable.
C.          Collection Day:
1. On the day curbside collection is scheduled for any premises, poly cart may be placed according to the setbacks noted under subsection B, “Precollection/Collection Practices”, of this section or unless otherwise specified by the public works director or duly authorized agent. Residents shall place the poly cart at the designated location no earlier than twelve (12) to sixteen (16) hours prior to the scheduled collection day. When there is more than one poly cart at a residence, poly carts must be separated a minimum of thirty-six inches (36) for ease of operation.  Poly carts stacked side by side will not be picked up and an additional pick up charge will be applicable. Poly cart(s), when placed at the designated location, shall not interfere with pedestrian or vehicular traffic. Place cart(s) curbside no later than six o'clock (6:00) A.M. on the designated collection day. It shall be the responsibility of the resident to deliver the poly carts to such point for collection and return the empty containers from such points to the usual place of storage, within twenty-four (24) hours of collecting. No items, bagged, bundled or otherwise, may be placed for pick up outside, adjacent to, or on top of the poly cart.
2. All collections made by the City or duly authorized agent for other than qualified physically disabled residents (see Service Collection Assistance), shall be made at curbside from the streets, except where special circumstances warrant otherwise and are approved by the public works director or duly authorized agent.
9-1-6:        SPECIAL SERVICES:
Special Services: Upon request a special pick up will be provided for items that cannot be placed in poly carts or dumpsters such as trash overflow, discarded furniture, appliances, mattresses, yard waste, trees, tree and shrubbery trimmings, etc. Customers must call City hall or duly authorized agent and make an appointment for removal of such items. On the agreed appointment date and time, customers will have items placed at the location specified by the public works department or duly authorized agent and deemed acceptable and safely accessible for the City or duly authorized agent to remove such items. Items must be within City ROW prior to collection. For collection of special request solid waste, the cost shall be determined as outlined below. All costs and fees associated with this special service shall be automatically applied to customer's monthly bill.
SPECIAL GARBAGE PICK UP FEES
When applicable and upon request
The level of effort required to remove special request items will be determined by the public works director or duly authorized agent. The cost for special pickups shall be based on hourly billing rates for equipment and labor required to remove the special request items. Customer will be billed for the total cost on the next applicable billing cycle.
Residents are encouraged to deliver solid waste that is not allowed or does not fit in a poly cart or dumpster, to the Deming/Luna County Transfer Station or Butterfield Trail Regional Landfill (as applicable) or obtain the services of a licensed general contractor or licensed yard cleaning service to transport and properly dispose of said solid waste.
Out of Town Commercial Users: A two hundred dollar ($200.00) refundable deposit is required for each commercial user that intends to set up an account to deposit solid waste at Butterfield Trail Regional Landfill. Deposit is refundable upon account closing and full payment of accrued costs for solid waste fees together with any or all late fees.
9-1-7       SOLID WASTE/GARBAGE DEPOSITS ON PRIVATE PROPERTY:
Unlawful Solid Waste Deposits:
1. Prohibited:  No person owning, leasing, occupying or having charge of any premises within the City limits shall deposit or allow to be deposited on such premises any solid waste except in a proper container designated to that location. Any such person who fails to properly dispose of said solid waste or fails to remove such solid waste or special waste within ten (10) days after the same is deposited on said premises shall, upon conviction thereof, be punished as provided in section 1-4-1 of this code. No such person shall deposit or allow the
deposit of any material in such solid waste containers or facilities if New Mexico Environmental Department regulations prohibit the deposit of such material in the City’s solid waste facility or when the solid waste container contains labeling prohibiting the deposit of such material. Contact the public works department or duly authorized agent to assist with identifying NMED prohibited materials.
2. Unauthorized Deposit Of Solid Waste: No person shall deposit any solid waste into any solid waste container on private property specifically for the use of the persons owning, leasing, occupying or having charge of such premises, or into any solid waste container provided by the City or duly authorized agent (such as dumpsters located at City parks, City facilities, or approved special events), without written permission from the City or duly authorized agent or the person owning, leasing, occupying or having charge of such premises.
3. Notice: Prior to collection of unauthorized or prohibited waste by the City or duly authorized agent, the owner of the property where the waste is located will be given written notice to remove the waste. After ten (10) days, the City or duly authorized agent will schedule a time to collect the waste and subsequently bill the owner for actual costs plus ten percent (10%).
4. Removal of Solid Waste by City: Any qualified agency hereafter designated by the public works director shall be authorized to remove any solid waste from any premises on which such solid waste exists, after the expiration of said ten (10) day period.
5. Assessment of Removal Costs: After the removal of such solid waste by or on behalf of the City, the City or duly authorized agent shall be entitled to make an assessment against the premises for the costs of such removal and in event of the failure of the owner, lessee or other person occupying said premises to pay the same, file an applicable lien against said premises pursuant to New Mexico Statutes Annotated sections 3-48-5 and 3-48-7.
6. Construction Sites: Building permittees shall be responsible for containment or removal on a daily basis of all solid waste and debris generated from a construction site. Disposal of such waste and debris shall be to disposal sites in accordance with this chapter.
7. 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.
9-1-8:    LANDFILL REGULATIONS:
A.   Site Designation: The City or duly authorized agent has or shall hereafter designate a site or sites for the receiving of garbage and solid waste. Any person who removes any garbage or solid waste from within the City limits shall only dispose of it in such designated site or sites. Current designated sites are Deming/Luna County Transfer Station and Butterfield Trail Regional Landfill.
B.          Manner and Hours of Disposal:
1. All garbage and solid waste deposited under the provisions of this chapter shall only be transported, received and deposited in accordance with the regulations of the City or duly authorized agent and NMED Solid Waste Bureau regulations now or hereafter promulgated.
2. Any and all waste deposited under the terms of this section shall be the sole property of the City or duly authorized agent, which may use, dispose of, recycle or otherwise treat as it may see fit.  It shall be unlawful for any person to scavenge or remove any garbage or solid waste from the site or sites after the same has been deposited, unless allowed by the City or duly authorized agent.
3. Hours for which said site or sites shall be open shall be designated by the City or duly authorized agent and the hours for which the same shall be open shall be posted in and upon said site or sites. It shall be unlawful for anyone to enter upon or deposit any waste at any time when the site or sites are not open to the public.
C.    User Fees: The City shall hereafter establish a schedule of fees for deposit of special wastes at the site or sites designated. The term “special wastes” shall include:
1. Hauler Waste Which Increases Cost: Wastes from private or commercial haulers whose quantity or type of waste increases the cost of disposal.
2. Hauler Waste Originating Outside of Luna County: Wastes from private or commercial haulers whose garbage or solid waste originates outside of Luna County.
3. Other Waste: Any other special waste charges as hereafter established by the City.
4. Permit Required to Deposit Special Waste: It shall be unlawful for any person to deposit any special waste on any site or sites of the City without first having paid the required fee and obtaining a permit, if required, for the disposal of such special waste.
5. Fees Established: Special waste fees shall be in accordance with the payment schedule set out in the table below:
 
Minimum Fees
Special Waste Fees:
Noncommercial passenger car tires - 4 or less
No fee
Noncommercial passenger car tires - 5 or more
$ 2.20 per tire
Commercial generated car tires
$ 2.20 per tire
Truck and other equipment tires (BTRL only)
$11.31 per tire
Large dead animals (accepted at BTRL only)
$25.13 per animal
Transfer Station Fees:
Residential inside Luna County limits
No charge for covered load
$5.00 Fine per uncovered load
Residential outside Luna County limits
$55.85 per ton
Small commercial maximum 1 ton per load
$46.02 per ton
 
Minimum Fees
Butterfield Trail Regional Landfill Fees:
Residential
None accepted
Commercial deliveries
$38.50 per ton
Other waste requiring special handling as determined by the public works department
$46.02 per ton
D.    Negotiation of Fees: The City of Deming may, for local government entities or projects benefiting the City, negotiate landfill fees and enter into written contracts establishing said fees. Negotiation of fees will be determined by the public works director.
E.    Adjustment of Fees:  Hereafter, the adjustment of rates and fees to be charged by the City for collection and disposal of solid waste, including landfill charges, shall be pursuant to an appropriate ordinance and/or resolution adopted by the City council at a lawfully conducted meeting with prior notice regarding any proposed adjustments. Excluded items are listed under subsection 9-1-8 D, "Negotiation of Fees".
F.    Prevention of Litter: Waste loads entering the Butterfield Trail Regional Landfill or Deming/Luna Solid Waste Transfer Station shall be secured with an appropriate device such as a tarp or cover, capable of containing loose solid waste in transport and prevent solid waste from blowing off in transport. Waste loads shall also be secured or contained sufficiently that the contents do not shift during transport and fall out. If the waste load is unsecured or the cover deemed ineffective, the hauler will be assessed a fine of five dollars ($5.00) and a receipt given. If the hauler does not pay or contests the charge, a no traffic citation with notice to appear in municipal court will be issued by the designated appropriate City personnel or duly authorized agent.
G.    Enforcement: The City reserves the right to provide full time enforcement specific to this title with this chapter as the primary focus for enforcement. Solid waste personnel so designated by the solid waste code enforcement officer or public works director are granted limited code enforcement powers pertaining to this chapter. The City reserves the right to refuse service to any individual, or group of individuals, that are documented repeat offenders of the rules, regulations, stipulations or provisions of this chapter.
H.   Deming/Luna County Transfer Station: The City reserves the right to impose, implement and collect tipping fees at the Deming/Luna County Transfer Station, pursuant to an amendment to this chapter by reference of resolution.
I.          Penalty: Any person violating the rules, stipulations, and/or provisions of this section shall be, upon conviction, punished as provided by section 1-4-1 of this code.