CHAPTER 4
LITTER CONTROL

SECTION:

4-4-1: Definitions

4-4-2: General Prohibition

4-4-3: Administration And Enforcement

4-4-4: Responsibility Of Owners And Agents

4-4-5: Receptacles And Containers (Rep. by Ord. 4482, 5-29-2001)

4-4-6: Storage Regulations

4-4-7: Junk Motor Vehicles

4-4-8: Parking Lots

4-4-9: Construction And Demolition Sites

4-4-10: Special Refuse Disposal Problems

4-4-11: Prohibited Acts And Conditions

4-4-12: Right Of Entry; Refuse Admittance (Rep. by Ord. 4540, 2-25-2002)

4-4-13: Notice Of Violation

4-4-14: Violation; Penalty

4-4-1: DEFINITIONS:

BUILDING MATERIALS: Any material such as lumber, brick, plaster, sheet metal or other substances accumulated as a result of repairs or additions to existing buildings, construction of new buildings or demolition of existing structures.

BULK CONTAINER: A metal container, made of watertight construction with doors opening on two (2) sides and top, and constructed so that it can be emptied mechanically by a specially equipped truck. Containers shall be kept covered at all times. Upon the effective date of this chapter, all new bulk containers shall meet these specifications.

BUSINESS ESTABLISHMENT: Any retail, manufacturing, wholesale, institutional, religious, governmental or other nonresidential establishment, or a "multiple dwelling" as defined in section 4-3-1 of this title, at which garbage or trash may be generated.

BUSINESS TRASH: Any waste accumulation of dust, paper, cardboard, packing materials, rags or other accumulations, other than garbage or household trash, which is usually attendant to the operation of any business establishment.

CITY: The city of Waterloo.

DETACHABLE CONTAINER: A unit which is used for collecting, storing and transporting building materials, business trash, industrial waste, hazardous refuse, refuse or yard trash. Each unit shall be made of watertight construction. The unit may or may not use an auxiliary stationary packing mechanism for compaction of materials into the container and may be of the open or enclosed variety. The distinguishing feature of the detachable container is that it is picked up by a specially equipped truck and becomes an integral part of the truck for transporting the waste materials to the disposal site.

ENFORCEMENT AUTHORITY: The Black Hawk County health department and code enforcement officers.

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.

LITTER: Garbage, refuse, waste materials or any other improperly discarded, used or unconsumed substance, including, but not limited to, tin cans, paper products, ashes, rags and the like.

LOADING AND UNLOADING AREA: Any land dock or space or area used by any moving vehicle for the purpose of receiving for shipment or transportation goods, wares and commodities.

REFUSE: Putrescible and nonputrescible solid and semisolid wastes, including, but not limited to, "garbage" or "yard waste" as defined in this section, including, but not limited to, trash, rubbish, paper, cardboard, wood that is not yard waste, metal, glass, ashes, incinerator ash, street cleanings, market and industrial solid wastes, and building materials.

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. 4943, 6-15-2009; Ord. 5319, 11-23-2015)

4-4-2: GENERAL PROHIBITION:

It shall be unlawful for any person who, unless otherwise provided by law, or the context states otherwise, shall mean an individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity, to trespass on the rights of another through the neglect of property by causing or allowing litter, garbage or refuse to remain on the property, or to discard, abandon or cause such on public property or another's private property. (Ord. 4034, 8-22-1994)

4-4-3: ADMINISTRATION AND ENFORCEMENT:

   A.   Enforcing Agency: The administration and enforcement of the provisions of this chapter shall be the duty of the code enforcement officers. (Ord. 4443, 11-6-2000)

   B.   Community Improvement Division: (Rep. by Ord. 4482, 5-29-2001)

   C.   Administrative Order: Whenever the code enforcement officer determines that a public health nuisance exists which requires immediate action to protect the public health, said official may issue an order citing the existence of the public health nuisance and require that action be taken as he deems necessary. The action required by said official shall depend upon, but not be limited to, the nature of the condition, the danger to the public health which the condition presents, the condition or deterioration of the premises or the time reasonably necessary to take the required action. If the owner or occupant does not comply with the order within the time frame specified in said order, said official may authorize the taking of the action specified in the order. Any costs incurred in abating the public health nuisance may be assessed to the owner of the property personally, to the property, or both. This remedy does not preclude the issuing of a citation or the applicability of section 4-4-14 of this chapter for a violation of this chapter. (Ord. 4443, 11-6-2000)