§ 39-31 FREQUENCY OF COLLECTION.

   The collection of all municipal waste is made condition on the observance of all provisions of this chapter. Collection is subject to weather and other conditions beyond the control of the Department of Public Works and Utilities. For commercial, construction or trade wastes, the Department of Public Works and Utilities shall be made. Collection frequency shall be determined by the Department of Public Works and Utilities.

(Ord. 2027, passed 2-5-1968)

ARTICLE III. DUMPING GROUNDS

§ 39-32 LICENSE — REQUIRED; “DUMPING GROUND” DEFINED.

   (a)   It shall be unlawful for any person to maintain or operate a dumping ground within the City unless the person shall have obtained a license to maintain and operate the dumping ground in accordance with the provisions of this article.

   (b)   For the purpose of this article, a DUMPING GROUND is defined as any area used, kept, operated or maintained or which permits to be used, kept, operated or maintained for the depositing, dropping, dumping or placing thereon of tin cans, rubbish, glass, waste products of any description, except where temporarily deposited either for City collection or other removal from the premises.

(Ord. 1045, passed 10-20-1952)

§ 39-33 SAME — APPLICATION; APPROVAL.

   (a)   Any person desiring to maintain or operate a dumping ground shall make application for a license upon a form to be provided by the City Clerk, which application shall set forth:

      (1)   The name of the person;

      (2)   The person to be in control of operations or to manage the dumping ground;

      (3)   The area to be used as a dumping ground, including the legal description thereof;

      (4)   The nature of the waste product to be received at the dumping ground and the principal source thereof;

      (5)   Hours of operation; and

      (6)   Type of operation to be conducted thereon.

   (b)   No such application shall be approved by the City Council until:

      (1)   There shall be endorsed thereon the approval of the Department of Public Health as to the area proposed to be used as a dumping ground. No dumping ground shall be approved by the Department of Public Health in any part of the City where the material to be dumped thereon will be detrimental to the public health in any way whatsoever;

      (2)   There shall be endorsed thereon the approval of the Fire Department. No dumping ground shall be approved by the Fire Department if the location will create a fire hazard to persons or property adjacent thereto;

      (3)   There shall be endowed thereon the approval of the Department of Public Works and Utilities. No dumping ground shall be approved where the elevation of the location would be so altered by dumping operations as to be detrimental to surrounding areas; and

      (4)   The applicant shall have demonstrated to the City Clerk or to any examining official designated by the City Administrator, his or her familiarity with the terms of this article and his or her ability to maintain and operate a dumping ground in strict conformity with the terms of this article.

(Ord. 1045, passed 10-20-1952)

§ 39-34 SAME — FEES; ISSUANCE; TERM; REPORT OF CHANGE IN OPERATIONS, AND THE LIKE.

   The applicant for a license under this article shall pay to the City Clerk, at the time of filing the application, a license fee together with a deposit. The license fee and deposit shall be established from time to time by resolution of the City Council, kept on file by the City Clerk, and contained in Appendix A of the City Code. Upon approval of the application by the City Council, the City Clerk shall issue a license to operate the dumping ground, which license shall expire on April 30 following the approval, unless sooner revoked or suspended as provided in this article. In the event of the failure of the City Council to approve the license, the license fee and deposit herein required shall be returned to the applicant. Any change during the license year in the area being used, the persons in control of operations or managing the dumping ground, or the type of operation to be conducted shall be reported to the City Clerk in writing.

(Ord. 1045, passed 10-20-1952; Ord. 3414, passed 2-8-1999)

§ 39-35 SAME — DEPOSIT REQUIRED TO COVER COST OF FIRE CALLS.

   (a)   The deposit required by § 39-34 shall be held by the City to cover any cost or expense resulting from a fire call deemed necessary by the Fire Department of the City to put out or control any fire ignited or permitted to burn in violation of the terms of this article or to abate any nuisance attendant thereto, and to cover any cost or expense resulting from a fire call made by the owner or operator of any dumping ground.

   (b)   For the purpose of this section, a minimum cost shall be established for each fire call, which cost shall not include damage to fire hose or equipment. The cost shall be established from time to time by resolution of the City Council, kept on file by the City Clerk, and contained in Appendix A of the City Code. In the event of incurring such cost or damage to hose or equipment, the Fire Department shall notify the owner or operator of the dumping ground of the cost and of the claimed damage to hose or equipment immediately upon discovery thereof following any fire and shall have the right to draw upon the deposit by invoice to the City clear, with duplicate copy to the licensee. The licensee shall have the right to inspect the damaged hose or equipment. Upon receipt of such invoice the licensee shall, within five days, deposit such additional sums with the City Clerk as may be necessary to reestablish the deposit at the original sum. In the event the additional sums have not been redeposited within the five-day period, the license shall be suspended automatically without further notice to the licensee.

(Ord. 1045, passed 10-20-1952; Ord. 1672, passed 5-7-1962; Ord. 3414, passed 2-8-1999)

§ 39-36 SAME — SUSPENSION OR REVOCATION.

   (a)   Upon notice to the City Council by the City Clerk of violation of any of the terms of this article, or default in any of the conditions of this article, the City Council may suspend or revoke any license granted under this article. Before suspension or revocation by the City Council, notice of hearing thereon before the City Council shall be served upon the licensee not less than five days prior to the date which shall be set by the City Council for the hearing. The notice of hearing shall be served personally upon the licensee or upon any agent or employee of the licensee.

   (b)   In the event of violation of any of the terms or conditions of §§ 39-37 through 39-39 hereof, the license may be summarily suspended for not more than seven days upon the order of the Director of Public Health.

   (c)   In the event that any license is suspended, no burning operations shall be conducted on the dumping ground except under the supervision and direction of a member of the Fire Department of the City. The cost of the supervision shall be deducted from the $200.00 deposit required by § 39-34.

(Ord. 1045, passed 10-20-1952)

§ 39-37 BLOWING OF MATERIAL ONTO STREETS AND THE LIKE TO BE PREVENTED.

   Every person licensed under this article shall so operate and maintain the dumping ground as to prevent any material which may be thereon from being blown out by the wind onto the streets, alleys or other public places or upon private property of any other person.

(Ord. 1045, passed 10-20-1952)

§ 39-38 PROCEDURE FOR BURNING.

   Any person licensed under this article shall burn all combustibles upon the dumping ground in the following manner, except as otherwise provided; and except, that no burning of combustibles shall be permitted on the first day of the week commonly called Sunday.

   (a)   Beginning January 1, 1963 and thereafter there shall be no open burning of combustibles, except flammable liquids upon the dumping grounds. Incinerators used for the burning of combustibles on the dumping grounds may be of any type approved by the Director of Public Health of the City.

   (b)   No burned material shall be commingled with other material on the dumping ground unless all fires in the former have been thoroughly extinguished. No fire or any part thereof, including the ashes, shall be moved after burning until and unless all fire shall have been completely extinguished.

   (c)   No fire shall be ignited or permitted to burn unless an employee or attendant is present on the dumping ground.

   (d)   No rubber shall be burned.

(Ord. 1045, passed 10-20-1952; Ord. 1684, passed 7-23-1962; Ord. 2004, passed 10-2-1967)