The text
Footnotes:
--- (1) --- Cross reference— See also subsection 10-13C-16A5 of this code for specific hours of refuse removal in the office park zone.
4-4-1: - DEFINITIONS:#
As used in this chapter, the following words and terms shall have the meanings ascribed to them in this section:
DWELLING: A building or portion thereof used exclusively for residential occupancy, including single-family, two-family, and multi-family dwellings, but not including hotels, motels, condominiums, lodging houses, apartments, group homes or tourist homes.
DWELLING UNIT: One or more rooms in a dwelling, occupied by one family for living, sleeping and eating purposes.
RECYCLABLE: Waste material that may be collected, separated, cleansed, treated or reconstituted and returned to the economic stream in the form of raw materials or products, and which is approved for collection as a recyclable. The director of the public works department shall determine which materials are suitable for collection as recyclables based upon the city's ability to recycle such materials in a reasonable and economical manner.
REFUSE: Includes and means all animal and vegetable refuse from kitchens of residences, hotels, cafes, restaurants and places where food is prepared for human consumption, including all animal and vegetable refuse from such kitchens; and also all condemned or decayed or unsound vegetables, meat, fish, fruit and all waste and offal therefrom from markets, stores and factories. The term "refuse" shall also include normal household trash, cardboard boxes, grass, leaves, yard trimmings, tree limbs and shrub trimmings; provided, however, that it shall not include waste from slaughterhouses, hot stove ashes or coals, dirt, sod, rocks, concrete, flammable materials such as oil, gas or paint, large bulky items such as appliances, furniture, metal objects, construction, remodeling or demolition debris, car parts, mattresses, rolls of carpet, animal carcasses or hazardous wastes.
STOVE ASHES: Includes the residue of material burned in stoves and in furnaces in private residences, but shall not include the residue from furnaces in apartment houses, hotels, business houses, heating or manufacturing plants. An "apartment house" is defined as a building comprising three (3) or more units designated for separate housekeeping tenements with heat furnished in common.
(Ord. 796, 10-4-2011)
4-4-2: - CONTRACT AUTHORIZED:#
The city council shall have the power at any time it may deem advisable to contract with any person, firm or corporation for the hauling and disposal of refuse, rubbish, recyclable and similar wastes from residential property.
(Ord. 796, 10-4-2011)
4-4-3: - COLLECTION, HAULING OR DISPOSAL; LICENSE REQUIRED:#
It shall be unlawful for any person, firm or corporation to engage in the business of collection, hauling or disposal of refuse, recyclable materials, swill, rubbish or similar wastes within the corporate limits of the city without first having obtained a license so to do from the city council.
(Ord. 796, 10-4-2011)
4-4-4: - DISPOSAL OF REFUSE AND RECYCLING:#
A.
Container Provided: The city shall provide every owner or lessee of a dwelling or dwelling unit within the corporate limits of the city, that is not provided by city requirement with other waste hauling services, one 90-gallon automated refuse collection container and one 90-gallon recyclable material collection container at no cost other than the rate that is paid for refuse collection, recycling collection and disposal. For those residents generating more refuse than will fit in one 90-gallon automated refuse collection container each week, the city will provide a second ninety (90) gallon automated refuse container for an additional charge to be set by the city council by resolution, which charge shall be added to the resident's monthly bill. For those residents generating more recycling waste than will fit in one 90-gallon automated recycling collection container biweekly, the city will provide a second ninety (90) gallon automated recycling container for an additional charge to be set by the city council by resolution, which charge shall be added to the resident's monthly bill. Additional containers shall be provided for a minimum of six (6) months.
B.
Placement in Cans: All refuse must be placed in the ninety (90) gallon automated refuse collection container. All recyclables must be placed in the ninety (90) gallon automated recycle collection container. Containers shall at all times be kept securely closed and be kept in such place and in such manner as to prevent offense.
C.
Recycling Container: Only recyclables approved for collection by the director of the public works department shall be placed in a recycling container. Large boxes, cartons, or pieces of corrugated cardboard shall be cut into pieces no larger than two feet by two feet (2' x 2'). Recyclables shall not be placed in separate bags or containers within a recycling container, but placed loose within the container to allow for visual inspection of the materials.
D.
Set Out for Collection: Automated refuse and recycle collection containers containing refuse to be hauled away by the person, firm or corporation contracting with the city for refuse and recycle removal, shall be placed at the curbside in the location and position designated by the operator no later than six o'clock (6:00) A.M. on the day of collection. Containers shall be set out for collection on the street at least four feet (4') from other automated containers and obstructions such as trees, mailboxes or parked vehicles. Containers must be placed in the gutter or, where there is no gutter, within two feet (2') of blacktop with the container handle facing the residence. All empty receptacles must be removed from the street as soon as practical after being emptied, and in every case must be removed from the street on the day they are emptied.
(Ord. 807, 6-5-2012)
4-4-5: - COMMERCIAL AND INDUSTRIAL PROPERTIES:#
The occupants or owners of all commercial and industrial property, including trailer parks, condominiums and apartment houses with five (5) or more units, shall arrange and pay for their own refuse collection and disposal in accordance with the provisions of this chapter. The occupants or owners of apartment houses with two (2), three (3) or four (4) units have the option of using the city's refuse and recycling collection services or arranging and paying for their own refuse collection service.
(Ord. 796, 10-4-2011)
4-4-6: - FEES AND CHARGES; DISCONTINUANCE OF SERVICES:#
A.
Authority to Charge: The city council may, in its discretion and when it shall determine that the public interest shall be best served thereby, arrange for the collection by the city treasurer, of any charges for collections of refuse and recyclables by a contractor of the city under the provisions of section 4-4-2 of this chapter, and shall arrange for such collection service and bill for the charge of such service on the regular statement for water service on said premises; provided, that the two (2) charges must be at all times separately listed, and that the proceeds therefrom must at all times be kept separate and apart and not commingled in a single fund or account by the city treasurer.
B.
Prompt Payment Required: In the event that any charges made under the provisions of subsection A of this section are not promptly paid when due, the city may proceed to collect the same as a debt due the city, and may sue therefor in any court of competent jurisdiction.
C.
Temporary Discontinuance of Services: Refuse and recycling collection services may be discontinued during periods that the premises are vacant and water has been shut off, under the following conditions: the public works department picks up all containers assigned to the premises and no automated containers are found or used on the premises during such periods.
Cross reference— See also section 1-12-6 of this code for specific fees.
(Ord. 814, 8-21-2012)
4-4-7: - PROHIBITED ACTS AND ACTIVITIES:#
A.
Placement Outside of Collection Days: It shall be unlawful for any person, firm or corporation to place or deposit in or on any of the public streets, alleys or parks in the city any refuse except on regular refuse collection days and in automated refuse collection containers.
B.
Prohibited Materials: When unapproved or prohibited materials are placed in a container, the public works director may remove or have removed the container or containers and terminate services, in whole or in part. If only recycling services are terminated, the customer will continue to receive regular garbage and refuse services, with no reduction in monthly charges, but will not be allowed to obtain another recycling container for the following twelve (12) month period.
C.
Refusal to Remove Refuse: It shall be unlawful for any person, firm or corporation to permit refuse, swill, rubbish or similar wastes to accumulate or remain on or about the premises, under the control of such person, for such period of time as to become objectionable or unsanitary; and every person, firm or corporation is hereby required to remove, or provide for the removal of, such refuse, swill, rubbish and similar wastes before the same become objectionable or unsanitary.
D.
Refuse Falling on Streets: It shall be unlawful for any person hauling refuse, rubbish, swill, manure or matter of any kind to permit or allow any such matter to fall upon and remain in any street, alley or park within the corporate limits of the city, or to deposit any such matter at any place except a dumping ground or incinerator as authorized by the city council. It shall be unlawful for any person, firm or corporation hauling or collecting refuse to conduct such operation in such a manner as to cause any unnecessary noise or disturbance.
E.
Painting or Defacing Containers: Automated containers shall not be painted, marked or otherwise defaced; provided, that a customer may repaint a container using the original container color in order to cover over the colors of paint, unauthorized markings or graffiti. If a customer fails to restore a container to its original color and appearance, after being notified by the public works department, the department may provide a replacement container and the replacement costs shall be paid for by the customer.
F.
Vacant Premises: When premises are vacant, the property owner or customer is responsible for placing all automated containers in a secure location to protect against theft or vandalism. If the failure to place any containers in a secure location results in container loss, theft or vandalism, the property owner or customer shall be responsible for the replacement cost of the container.
G.
Container Replacement Fee: Whenever a customer is required to pay for the cost of replacing any automated container under the provisions of this chapter, the fee for container replacement shall be the current replacement cost of the container.
H.
Accumulation: All persons, firms or corporations having accumulation of "refuse" and similar wastes, as defined in this chapter, are hereby charged with the responsibility of making proper arrangements for the removal of the same, not inconsistent with the provisions of this chapter; and any person, firm or corporation failing so to do, and permitting the accumulation of the same, shall be guilty of a class B misdemeanor, and in addition, the city council may, in its discretion, arrange for the removal of such accumulated refuse and/or rubbish from such premises, and may charge the costs of such removal to the owner or occupant of the premises on which such accumulation was permitted, such charge to be deemed a debt due the city, and the city may proceed to collect such expenses by legal action in any court of competent jurisdiction if such is not paid promptly on demand.
(Ord. 796, 10-4-2011)
4-4-8: - PENALTY:#
Any person or corporation who violates any of the provisions of this chapter shall be guilty of a class B misdemeanor, and upon conviction, shall be punished as is provided in section 1-4-1 of this code.
(Ord. 796, 10-4-2011)