(A) Council by ordinance shall direct the collection of solid waste by container on either a fee basis or a non-fee basis as described below. Such ordinance charging from fee to non-fee or non-fee to fee basis, may refer to this section for the particulars of implementation.
(1) A non-fee basis with curbside pickup of solid waste in regulation-type bags supplied by the city.
(a) All materials from any residential unit intended for collection, shall be contained in one or more polyethylene plastic bags which will be made available to the public by the city at distribution centers. The bags will be of two distinct types, one for leaves and lawn clippings and the others for all other solid waste. Such bags will be of a distinctive color and will be imprinted with the city seal and appropriate words which will indicate to the city collectors that they are intended for city collection. No other types of bags or containers will be collected by city forces except as otherwise indicated. The city will not be responsible for the collection of any city refuse bags which are broken or untied, which weigh more than 30 pounds or which contain improper materials for collection.
(b) It is the responsibility of the occupant of the residential unit to clean up any scattered refuse resulting from the breakage or opening of any plastic bag or can intended for collection from that residence.
(2) A fee basis with backyard pickup of solid waste in containers consisting of either plastic garbage bags or metal or plastic garbage cans.
(a) Such bags shall have a capacity of not more than 35 gallons. They shall be sufficiently strong for the purpose intended and free from objectionable tears or leakage. All bags must be securely tied to prevent spillage and placed at the designated collection location.
(b) Such garbage cans must be water-tight, have suitable handles and be equipped with a tight-fitting cover or lid which will exclude water and which shall be kept in place. No garbage can shall exceed 30 gallons in capacity, nor weigh more than 40 pounds when full of solid waste.
(3) Dumpsters.
(a) Dumpster units on a fee or non-fee basis shall be required of all commercial establishments unless the Mayor or his or her duly authorized representative determines after receiving satisfactory evidence that a particular commercial establishment produces less than one cubic yard of solid waste per week, then he or she may allow the use of garbage bags or cans as provided for in divisions (A)(1) or (A)(2) above. Dumpster units shall be of a type, size and weight to be determined by the Mayor or his or her duly authorized representative. However, in any event, dumpster units must be constructed of durable metal, be water-tight, and have tight-fitting covers. Each dumpster unit shall bear the following legends:
1. The contractor’s name or city name and phone number;
2. “Keep Covers Closed by Order of Mayor” in three inch letters; and
3. A unique number for identification purposes.
(b) All dumpster units are to be kept well painted, in good repair and clean. Units holding wet, solid waste shall be cleaned and sanitized at a minimum twice per year or as often as directed by the Mayor or his or her duly authorized representative at an approved location by steam cleaning or other approved method. The Mayor or his or her duly authorized representative shall have the authority to determine where dumpster units are to be placed for collection, taking into consideration among other things, convenience to collection crews, convenience to customer, hazardous conditions and the like.
(B) (1) Bulk item collection will be offered upon prior prepaid arrangement with the Mayor or his or her duly authorized representative.
(2) Examples of bulk items acceptable for collection are:
(a) Empty cartons, crates, boxes, wrapping materials, newspapers and magazines when securely bound in convenient-size bundles;
(b) Brush or branch clippings when securely bound in bundles not exceeding four feet in length;
(c) Christmas trees placed in proper location for collection; and
(d) Discarded furniture, appliances, tires and large crates placed in the proper location for collection.
(2) The city will not be responsible for collection of the following bulk items:
(a) Logs, stumps, trees, except Christmas trees, building or demolition materials, concrete, rocks, abandoned or junked vehicles including automobiles, trucks and buses, automobile or truck parts (excluding tires) or manufacturing or trade waste unless these materials are placed for collection and meet the requirements as outlined in this section; and
(b) Hazardous materials such as hot ashes, gasoline, lacquer, paint or other flammable or explosive materials.
(C) Rules or regulations may provide for the separation at the point of collection of newspapers or certain specific materials which may be salvageable from residential units upon a fee or non-fee basis in the event a recycling service is or becomes available or for the separation of combustible or non-combustible solid waste.
(D) A solid waste container which does not comply with this section is unlawful and constitutes a nuisance and shall result in discontinuance of service. Notwithstanding discontinuance of service, the city may pursue any other legal remedy as provided by law or ordinance.
(E) All solid waste except magazines, newspapers, brochures, stationery and other writings which have been displayed and used for reading, writing or other communication purposes only, from doctor’s offices, dental offices, convalescent homes, hospitals, animal hospitals, veterinarian’s offices and other institutions and businesses in the city wherein the treatment of humans and animals is either directly or indirectly involved, shall be kept in water-tight receptacles with close fitting lids, securely locked by padlock or other type of lock and with handles or bails. The receptacles shall be thoroughly cleaned and disinfected by the individuals each time their contents are removed. Such solid waste shall not be kept for more than seven days.
(F) Upon enactment of this subchapter, the initial selection by Council for the collection of solid waste by container shall be on a fee basis.
(1986 Code, § 957.06) Penalty, see § 50.99