(A) City responsibility defined.
(1) Unless waste is property disposed, garbage, refuse, and rubbish disposed of by any individual occupant, tenant, business or any other person residing or finding themselves on any property or location within the city limits, constitutes a hazard to the health and safety of the citizens, residents and taxpayers of the city.
(2) The city shall provide for the collection of solid waste as follows:
(a) The city shall provide for the collection of all residential solid waste in the city, provided, however, the city may provide the collection service by contracting with a person, company, or other governing unit or a combination thereof, for the entire city or portions thereof, as deemed to be in the best interest of the city.
(b) The city shall provide for the collection of commercial solid waste in the city, provided, however, the city may provide the collection service by contracting with a person, company, or other governing unit or a combination thereof, for the entire city or portions thereof, as deemed to be in the best interest of the city.
(c) The city shall require that all waste be disposed by the responsible party in a lawful manner and at the cost of the responsible party. The city will bill the customer for the solid waste collection service and may assign the billing process to a third party.
(B) Collection system. The city establishes a mandatory collection system, by ordinance and approved by the Cabinet, that requires participation by each household, producer or party responsible for the solid waste.
(C) Acceptable collection practices. Collection practices that are deemed acceptable by the city are as follows:
(1) Door-to-door household/curbside collection. Collection service may be provided by the city or by contract, franchise or permit with the private sector.
(2) Direct access to a staffed convenience center within the city. Residents may transport their yard, bulky, construction and demolition waste directly to Cabinet approved staffed convenience centers within the boundaries of the city.
(D) Collection points. Points of collection of solid waste shall be from the roadside or curbside within public rights of way or other locations near buildings, parking lots, and the like, on private property. In general, solid waste and yard waste per division (F) of this section generated by residential or agricultural uses shall be placed along the roadside or curbside fronting the subject property in proper containers not more than 12 hours before collection. All reusable storage containers shall be removed from the roadside or curbside by the generator within 12 hours after collection. Residential, agricultural, commercial, institutional and industrial that uses storage containers to provide for bulk waste shall be located on private property in areas accessible to collection vehicles.
(E) Bulky waste. The Director shall establish the procedures for collecting bulky waste from residential units within the city. Bulky waste shall be collected at least once monthly. Bulky waste may be collected upon request and will incur an additional collection charge. The city convenience center will accept bulky waste that is hauled thereto during operating hours for a collection fee. Bulky items may be picked up one time per week on the resident’s regular service day at an additional charge by agreement with franchisee.
(F) Yard wastes.
(1) Yard wastes shall be stored in residential containers so constructed and maintained as to prevent the dispersal of wastes placed therein upon the premises served, upon adjacent premises or upon adjacent public rights of way. Residential yard waste, specifically, but not limited to, tree trimmings, branches, grass cuttings, weeds, leaves and other yard materials, must be placed in carts, bundles or bags.
(2) The weight of any individual container and contents shall not exceed 50 pounds.
(3) Tree limbs less than four inches in diameter, lumber and brush shall be securely tied in bundles not exceeding 40 inches in length, 30 inches in diameter, 50 pounds of weight when not placed in storage containers.
(4) Yard waste in residential containers will be picked up on the same schedule as residential waste and yard waste larger than residential containers will be picked up on the same schedule as bulky waste.
(G) Regulated waste. The Director shall establish the procedures for collecting Regulated waste from residential units within the city. Regulated waste may be collected upon request and will incur an additional collection charge. The city convenience center will accept regulated waste that is hauled thereto during operating hours for a collection fee.
(H) Authority for collectors to enter private property. Solid waste collectors employed by the city or an employee of a solid waste collection agency operating under contract with the city, are hereby authorized to enter upon private property for the purpose of collecting solid waste therefrom as required by the ordinance. Solid waste collectors shall not enter dwelling units or other residential buildings for the purpose of collecting residential solid waste.
(I) Collection frequency.
(1) All solid waste, other than bulky waste, shall be collected at least once weekly. Residential, agricultural, commercial, institutional, and industrial uses, generating large quantities of solid waste, may be required to provide collection at more frequent intervals (i.e., twice weekly or more) at an additional cost, upon determination by the Director, as necessary for the protection of public health, safety and welfare.
(2) Residents may elect to add an additional day of weekly collection for an additional charge by agreement with franchisee.
(J) Ownership of solid waste.
(1) All garbage and refuse placed in authorized storage containers and placed at the point of collection defined in division (D) of this section, shall become the property of the city or its duly authorized agent and no person shall be allowed to separate, carry off or dispose of the same without written permission of the Director.
(2) Title to any waste collected hereunder constitutes hazardous special or regulated waste in accordance with applicable law or regulation, shall not pass to the city or their franchisee and shall at all times remain with the generator of such hazardous waste.
(K) Prohibitions.
(1) The following wastes may not be deposited in solid waste containers or receptacles:
(a) Hazardous waste;
(b) Liquid wastes;
(c) Bulky wastes, major appliances, furniture;
(d) Tires;
(e) Construction and demolition wastes;
(f) Dead animals;
(g) Any burning or smoldering materials or any other materials that would create a fire hazard;
(h) Batteries; or
(i) Medical waste.
(2) No person may remove any item from a solid waste receptacle, climb on or into a container or receptacle or damage any container.
(Ord. 2016-03, passed - -15; Am. Ord. 2018-08, passed 1-22-18)