CHAPTER 3
SOLID WASTE COLLECTION AND DISPOSAL
SOLID WASTE COLLECTION AND DISPOSAL
SECTION:
4-3-1: Definitions
4-3-2: Administration
4-3-3: Special Refuse Disposal
4-3-4: Disposal Services Provided; Exceptions
4-3-5: Collection Rules And Regulations
4-3-6: Fees For Service
4-3-7: Prohibited Acts And Conditions
4-3-8: Special Exceptions To Burning Ban
4-3-9: Violation; Penalty
4-3-10: Notice Regarding Nuisance
4-3-11: Payment, Assessment Of Costs, Appeal
For the purposes of this chapter:
BUSINESS: Each separate establishment for carrying on any profit-seeking, institutional, religious, governmental or nonresidential activity or enterprise, other than a “home occupation” as defined in section 10-3-1 of the zoning ordinance.
DWELLING UNITS: Each household unit occupied by a single family.
EXCLUDED WASTE: Solid waste designated by the city as not appropriate for recycling, including but not limited to hazardous materials, garbage, refuse, yard waste, special waste, and other materials or waste identified in rules and regulations established by the public works manager or designee and approved by resolution of the city council.
GARBAGE: All solid and semisolid putrescible animal, grain, fruit, or vegetable wastes resulting from the handling, preparing, cooking, storing, serving, and consuming of food or of material intended for use as food.
HAZARDOUS MATERIALS: Any hazardous waste or hazardous substance regulated by article C of this chapter, including but not limited to materials that are hazardous, radioactive, volatile, corrosive, highly flammable, explosive, biomedical, infectious, biohazardous, toxic or listed or characteristic hazardous waste as defined by applicable law or otherwise regulated.
MULTIPLE DWELLING: A building or complex consisting of more than four (4) dwelling units.
PERSON: Each individual, firm, corporation, partnership or other entity, or any employee or agent thereof.
PREMISES: The property occupied by a separate family or business unit, whether or not the same be separately owned.
RECYCLING: Any process by which certain solid waste is collected, separated, and processed or returned to use in the form of raw materials or products.
RECYCLING MATERIALS: Solid waste designated by the city as appropriate for recycling, such as newsprint, magazines, catalogs, cardboard, metal cans, and plastic containers, as set forth in the rules and regulations established by the public works manager or designee and approved by resolution of the city council.
REFUSE: Putrescible and non-putrescible solid and semisolid wastes that are not "hazardous materials", "garbage", “recycling materials” or "yard waste" as defined in this section, including, but not limited to, trash, rubbish, wood that is not yard waste, glass, ashes, incinerator ash or residue, street cleanings, market and industrial solid wastes, and building materials.
SOLID WASTE: Any garbage, rubbish, refuse, recycling materials, yard waste, and other discarded material, including solid, liquid, semisolid, or contained gaseous material, resulting from industrial, municipal, commercial, construction, mining or agricultural operations, and residential, community and institutional activities.
SOLID WASTE FEE SCHEDULE: A schedule of fees, costs and charges, as adopted and modified from time to time by resolution of the city council, that are chargeable to customers in connection with the solid waste collection and disposal program provided for in this chapter.
YARD WASTE: Vegetative wastes resulting from the care and maintenance of residential yards, flowerbeds, and gardens, including, but not limited to, grass clippings, leaves, tree limbs, bark, garden waste, brush and small twigs, and branches not exceeding two and one-half inches (21/2") in diameter and three and one-half feet (31/2') in length. Yard waste shall not include the following:
A. Tree stumps, tree roots, trunks, logs, and branches that are more than two and one-half inches (21/2") in diameter or three and one-half feet (31/2') in length.
B. Material meeting the definition of "garbage" or "refuse" as provided in this section.
C. Flower and decorative products manufactured or fabricated, or the waste byproducts incidental to their manufacture or fabrication, which include organic materials and other nonorganic wastes which are not practically separable. Examples of this exemption include, but are not limited to, things such as flower arrangements, decorated potted plants, wreaths, bouquets, garlands, and small bedding flats.
D. Metal, plastic, rock, dirt, wire, fencing, weed barriers or other underlayment, bordering materials, stone, brick, masonry, or other inorganic material. (Ord. 4829, 8-14-2006; amd. Ord. 5075, 9-19-2011; amd. Ord. 5521, 11-4-2019)
A. Oversight: The public works department shall have the duty and responsibility of overseeing the collection of garbage, refuse, recycling materials and yard waste within the corporate limits of the city and see that all garbage, refuse, recycling materials and yard waste is disposed of in a sanitary manner, whether by the city, by contracted entities or by private persons, in order to protect the health of the citizens thereof.
B. Collection: The city council shall, from time to time by resolution, provide such other policies, rules and regulations in addition to the provisions of this chapter as may be deemed necessary for the collection of garbage, refuse, recycling materials and yard waste by and in the city. (Ord. 5203, 3-3-2014; amd. Ord. 5521, 11-4-2019)
A. Contiguous Disease Refuse: The removal of clothing, bedding or other refuse from homes or other places where highly infectious diseases have prevailed shall be performed under the supervision and direction of a licensed physician and health authority. Such refuse shall not be placed in containers for city collection.
B. Hypodermic Instruments: No person shall dispose of or discard any hypodermic syringe, hypodermic needle or any instrument or device for making hypodermic injections before first breaking, disassembling, destroying or otherwise rendering inoperable and incapable of reuse such hypodermic syringe, needle, instrument or device, and without safeguarding the disposal thereof by wrapping or securing same in a suitable manner so as to avoid the possibility of causing injury to the collection personnel.
C. Ashes: Ashes that are to be hauled by the city must have been wetted and cool to the touch prior to collection. Ashes shall be placed in suitable containers of such size and weight that they can be handled by one person.
D. Cardboard Boxes And Cartons: Prior to depositing refuse for collection in authorized containers or receptacles or in commercial containers, the person disposing of any such boxes or cartons or the person in charge of the premises shall collapse all cardboard boxes, cartons and crates. (Ord. 5203, 3-3-2014; amd. Ord. 5521, 11-4-2019)
The city shall provide, to every premises within the corporate limits of the city, disposal service for garbage, refuse, recycling materials and yard waste, with the following exceptions:
A. Business establishments shall have a private licensed collector remove garbage and refuse.
B. Multiple dwellings shall have a private licensed collector remove garbage and refuse.
C. Hazardous materials shall not be accepted for disposal by the city or private haulers licensed under this chapter.
D. The city shall not provide collection and disposal of recycling materials or yard waste for multiple dwellings or business establishments as defined in section 4-3-1, but the occupants of multiple dwellings may dispose of recycling materials and yard waste at drop-off sites maintained by the city for that purpose. (Ord. 4943, 6-15-2009; amd. Ord. 5521, 11-4-2019)
A. Containers: Except as set forth in this chapter, the specific requirements for the number and type of containers, placement of items for collection, size of containers, weight of containers or items placed out for collection, and other rules, regulations and policies for solid waste collection shall be as set forth in the administrative policy, organization and procedures prepared by the public works manager and adopted by resolution of the city council.
B. Containers Required: It shall be required of every person in possession, charge or control of any place in or from which building materials, business trash, garbage, household trash, industrial waste, recycling materials, tree and shrubbery trimmings and yard trash is accumulated or produced to provide and at all times to keep in a suitable place, adequate and suitable receptacles and containers capable of holding all such waste materials which would ordinarily accumulate between the times of successive collections. For customers of disposal services provided by the city, only containers provided by the city shall be used. A customer of city disposal services shall not alter any container, use it for any purpose other than its intended use, or move it to a different address.
C. Container Specifications And Replacement: Containers other than those provided by the city shall be of safe construction and design. All containers shall be maintained in good and serviceable condition at all times. Any receptacles or containers which do not conform to the provisions of this chapter or which have ragged or sharp edges or any other defects likely to hamper or injure the person collecting the contents thereof, or public, or likely to cause spillage of contents, shall be promptly replaced upon notice. If said containers, after proper notice, have not been replaced, the public works department shall have the authority to order their replacement. After initial delivery of a container by the city or its contractor, if a new container is delivered, or an existing container is removed or exchanged, for reasons other than damage or loss caused by city or its collection contractor, the customer shall pay a fee as set forth in the solid waste fee schedule. A customer shall also be liable for the cost of a new container if the container is destroyed or otherwise rendered unsuitable for continued use by the customer or anyone for whom the customer is responsible.
D. Loading And Unloading Areas: All loading and unloading areas shall be provided with refuse receptacles for loose debris, paper, packaging materials and other trash. The number of containers necessary for each area shall be as required to maintain clean, neat and sanitary premises as directed by the public works department.
E. Points Of Collection: Containers for refuse, recycling materials and yard waste shall be placed for collection at ground level within three (3) feet of the curb or alley line and with unobstructed access for automated equipment. No collection shall occur where containers cannot be reached by collection equipment or by collection personnel without unlocking or opening a door, gate or any similar obstacle, encountering a dog, or otherwise being denied reasonable access by parked vehicles, yard tools and equipment, or other similar objects. Any container not properly placed for collection will not be emptied, and a return visit to the property to empty a container at customer request shall incur a fee as set forth in the solid waste fee schedule. The public works department shall have the authority to determine the proper receptacle or container location on private property.
F. Recycling Materials And Yard Wastes:
1. Recycling materials and yard waste shall each be separated from all other wastes by the owner, occupant or agent of all premises in the city. Specific requirements for disposal shall be as set forth in this chapter and the administrative policies referred to in subsection A of this section.
2. Recycling materials and yard waste shall be disposed of in containers provided by the city specifically for that purpose. Disposal of recycling materials or yard waste for city pick up in other containers shall be prohibited.
G. Authorized Collectors: No person other than the agents of the city or persons so authorized by it pursuant to article A of this chapter shall collect or transport garbage, refuse, recycling materials or yard waste through or upon the streets or alleys of the city.
H. Securing Accumulations; Removal Of Same By Private Collectors: Any multiple dwelling and any business shall have garbage and refuse collected by a private licensed collector and may have recycling materials or yard waste hauled by a private licensed collector. This shall not preclude the provisions of subsection F1 of this section. All containers for collection of the garbage, refuse, recycling materials or yard waste of any multiple dwelling or any business shall be securely fastened in a closed position at all times, except when the container is opened for depositing additional accumulations or when the container is being emptied by a private licensed collector. No person other than the owner of the premises, its authorized agents, or a private licensed collector may remove garbage, refuse, recycling materials or yard waste fromany container intended for collection of same.
I. Disposition Areas Established By City Council: Disposition of garbage, refuse, recycling materials and yard waste shall be in areas designated by the council. Disposition of solid construction rubble such as concrete, brick, stone, sand or dirt, shall be in areas approved by the city as set forth in article B of this chapter.
J. Vehicle Requirements: Any person, including, but not limited to, employees or contractors of the city, hauling trash, refuse, garbage, offal or other offensive substances in a vehicle of any kind over the streets of the city, shall equip the vehicle with a suitable cover of durable material and shall keep such cover over the load carrying portion of the vehicle at all times, as necessary to prevent waste material from escaping. The cover shall be of sufficient size to fully cover any refuse being carried in the vehicle and to keep the refuse in place on such vehicle. The vehicle shall be so constructed that no drippings or seepings from any refuse carried therein can escape from the vehicle. If any of the material falls off or blows off or out of the vehicle, the person hauling the same shall promptly clean up all of such materials.
K. Suspension Of Recycling Service: Collection of recycling materials may be suspended or delayed if the city or its contractor is unable to collect or process recycling materials due to mechanical failures, significant weather events, or any other cause beyond the reasonable control of the city or its contractor. In addition, the city may elect to suspend collection service to a particular customer in the event of a delinquent account, repeated mixing of excluded materials with recycling materials, or other cause as determined by the public works manager or designee in the exercise of his or her reasonable discretion. (Ord. 4482, 5-29-2001; amd. Ord. 4943, 6-15-2009; Ord. 5075, 9-19-2011;Ord. 5203, 3-3-2014; Ord. 5521, 11-4-2019)
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