[CC 1985 §17-1; Comp. Ords. §14.05(1)]
For the purposes of this Chapter, the following terms shall be deemed to have the meaning indicated below:
- APPROVED INCINERATOR
- An incinerator which complies with all current regulations of the responsible local and State air pollution control agencies.
- BULKY RUBBISH
- Non-putrescible solid wastes consisting of combustible or non-combustible waste materials from dwelling units, commercial, industrial, institutional or agricultural establishments which are either too large or too heavy to be safely and conveniently loaded in solid waste transportation vehicles by solid waste collectors with the equipment available therefor.
- The removal of solid waste from its place of storage to the transportation vehicle.
- COMMERCIAL SOLID WASTE
- Solid waste resulting from the operation of any commercial, industrial, institutional or agricultural establishment and multiple-housing facilities with more than two (2) dwelling units.
- DEMOLITION AND CONSTRUCTION WASTE
- Waste materials from the construction or destruction of residential, industrial or commercial structures.
- DISPOSABLE SOLID WASTE CONTAINER
- Disposable plastic or paper sacks with a capacity of twenty (20) or thirty-five (35) gallons specifically designed for storage of solid waste.
- DWELLING UNIT
- Any room or group of rooms located within a structure and forming a single habitable unit with facilities which are used or are intended to be used for living, sleeping, cooking and eating.
- Putrescible animal or vegetable wastes resulting from the handling, preparation, cooking, serving or consumption of food.
- HAZARDOUS WASTES
- Includes, but not limited to, pathological wastes, explosive wastes, pesticides, pesticide containers, toxic or radioactive materials.
- MULTIPLE-HOUSING FACILITY
- A housing facility containing more than two (2) dwelling units under one (1) roof.
- Any person who, alone or jointly or severally with others, shall be in actual possession of any dwelling unit or of any other improved real property, either as owner or as a tenant.
- Incinerating, composting, baling, shredding, salvaging, compacting and other processes whereby solid waste characteristics are modified or solid waste quantity is reduced.
- Solid waste.
- RESIDENTIAL SOLID WASTE
- Solid waste resulting from the maintenance and operation of dwelling units, excluding multiple-housing facilities with more than two (2) dwelling units.
- SOLID WASTE
- Garbage, refuse and other discarded materials including, but not limited to, solid and semisolid waste materials resulting from industrial, commercial, agricultural, governmental and domestic activities, but does not include hazardous waste as defined in sections 260.360 to 260.432, recovered materials, overburden, rock, tailings, matte, slag or other waste material resulting from mining, milling or smelting
- SOLID WASTE CONTAINER
- A receptacle used by any person to store solid waste during the interval between solid waste collections.
- SOLID WASTE DISPOSAL
- The process of discarding or getting rid of unwanted material, in particular the final deposition of solid waste by man.
- SOLID WASTE MANAGEMENT SYSTEM
- The entire process of managing solid waste in a manner which minimizes the generation and subsequent disposal of solid waste, including waste reduction, source separation, collection, storage, transportation, recycling, resource recovery, volume minimization, processing, market development, and disposal of solid wastes
- The keeping, maintaining or storing of solid waste from the time of its production until the time of its collection.
- The transporting of solid waste from the place of collection or processing to a solid waste processing facility or solid waste disposal area.
- YARD WASTES
- Leaves, grass clippings, yard and garden vegetation and Christmas trees. The term does not include stumps, roots or shrubs with intact root balls.
[CC 1985 §17-2; Comp. Ords. §14.07(7)]
The Board of Aldermen shall make, amend, revoke and enforce reasonable and necessary rules and regulations governing, but not limited to:
The preparation, drainage and wrapping of garbage deposited in solid waste containers;
Specifications for solid waste containers, including the type, composition, equipment, size and shape thereof;
The identification of solid waste containers and of the covers thereof and of equipment thereto appertaining, if any;
Weight limitations on the combined weight of solid waste containers and the contents thereof and weight and size limitations on bundles of solid waste too large for solid waste containers;
The storage of solid waste in solid waste containers;
Sanitation, maintenance and replacement of solid waste containers;
Schedules of and routes for collection and transportation of solid waste;
Collection points of solid waste containers;
The collection, transportation, processing and disposal of solid waste;
Processing facilities and fees for the use thereof;
Disposal facilities and fees for the use thereof;
Records of quantity and type of wastes received at processing or disposal facilities;
The handling of special wastes such as toxic wastes, sludges, ashes, agriculture, construction, bulky items, tires, automobiles, oils, greases, etc.
A copy of any and all rules and regulations made and promulgated under the provisions of this Section shall be filed in the office of the City Clerk.
[CC 1985 §17-3; Comp. Ords. §14.05(8); Ord. No. 2799 §§1 — 2, 4-13-1995; Ord. No. 3527 §3, 1-25-2007; Ord. No. 3567 §1, 4-10-2008]
It shall be unlawful for any person to deposit yard waste or solid waste in any yard waste container, other than his/her own, without the written consent of the owner of such container.
It shall be unlawful to burn solid waste at any time. It shall also be unlawful for any person to burn yard waste unless an approved incinerator is provided or unless a variance has been obtained from the appropriate air pollution control agency or a permit shall have been issued as provided in this Chapter.
The City Clerk or its designee may grant temporary permits permitting the burning on residential property of yard waste only, as long as the following conditions are met:
The material to be burned is such yard waste matter that cannot be hauled by the permittee at the normal and usual charge for collecting residential yard waste.
The burning of such yard waste will not be injurious to the inhabitants of the City.
The person seeking the permit will take adequate measures to prevent the spread of fire to other buildings, premises or properties.
The plan for the burning is designed to minimize smoke as much as possible.
The burning may be during daylight hours only.
The burning may only take place in a six (6) foot by six (6) foot area surrounded by non-combustible materials.
The burning must be attended by an adult.
There must be a connected water hose and rake at the site.
The burning shall not take place when winds are in excess of ten (10) miles per hour.
The burning may not take place on property of others or on City property except at the City yard waste disposal facility.
It shall be unlawful for any person to dispose of yard waste at any facility or location which is not approved by the City and the State Department of Natural Resources or to engage in the business of collecting, transporting, processing or disposing of yard waste within the corporate limits of the City without a permit from the City or operate under an expired permit or operate after a permit has been suspended or revoked or to fail to meet the conditions as stated in Subsection (C).
The Board of Aldermen may, at their first regular meeting in March or November, establish a time period for burning on residential property without requiring a temporary permit as required in Subsections (B) and (C) above. All manner of burning yard waste shall comply with the requirements of Subsection (C) above even if no temporary permit is required as set forth in this Subsection.
[Ord. No. 4134, 11-9-2017]
[Ord. No. 3929 §1, 9-25-2014]
Recreational Fire — Definition: An outdoor fire where the fuel being burned is not contained in an incinerator, outdoor fireplace, barbeque grill, or barbeque pit and has a total fuel area of three (3) feet or less in diameter and two (2) feet or less in height, for pleasure, religious, ceremonial, cooking, warmth or similar purposes.
No recreational fire may be started or allowed to continue burning unless such recreational fire is fully contained within an approved fire pit or portable fireplace.
An approved fire pit is either a below-ground dug pit at least twelve (12) inches below grade and not greater than thirty-six (36) inches inside diameter or square (inside edge of the pit to the opposite inside edge), or an at-grade area not greater than thirty-six (36) inches in diameter or square with a wall of material that can withstand high heat that is at least two (2) feet in height. The area around a below-ground pit must be covered with non-combustible material for a distance of three (3) feet from the edge of the pit. The bottom of either kind of pit must be covered with non-combustible material, such as heat-resistant ceramic brick, sand or rock.
A portable fireplace is a commercially available appliance designed to contain a wood fire when operated according to manufacturer's instructions with all lids, screens and spark arresting devices in place.
No recreational fire pit shall be closer than twenty-five (25) feet from any dwelling, building structure, shed or garage or closer than ten (10) feet from any wooden fence, deck or combustible material, including dry grass or leaves. Portable fireplaces shall not be within ten (10) feet of any structure or combustibles; all recreational fires are to be set back a minimum of six (6) feet from adjoining property lines. Portable fireplaces must be placed upon a secured, non-combustible surface.
No recreational fires shall be started or allowed to continue burning when the wind direction or wind speed will cause embers or other burning material to be carried onto any building, combustible material or a neighboring property; nor at any time that the direction of the wind will carry smoke into the open windows of any building.
Fuel for outdoor recreational fires shall consist of natural wood, manufactured fire log material or coal, and may not include leaves, yard waste, rubbish, garbage, trash, construction materials, any materials made of or coated with rubber or plastic, leather or petroleum-based materials and may not contain any flammable or combustible liquids. Flammable or combustible liquids may not be used to aid in starting any outdoor fire.
Recreational fires shall be constantly attended and supervised by a competent person at least eighteen (18) years of age until the fire has been completely extinguished. The means for extinguishing any fire must be immediately available at all times when a recreational fire is burning. Proper fire extinguisher equipment includes, but is not limit to, a garden hose, shovels, water buckets or an ABC-rated fire extinguisher with a capacity of at least ten (10) pounds. A fire must be completely extinguished — cold to the touch — when not attended.
Any party who starts or maintains a recreational fire that is allowed to burn out of control shall be held responsible for paying any costs associated with fire control efforts to extinguish the fire.
No fire shall cause a nuisance. Any release of noxious smoke, offensive odor or smoke of sufficient quantity or quality so as to inhibit the use and enjoyment of neighboring property is hereby declared a nuisance. If the City is called to investigate a fire, the responding official has the authority to require it to be extinguished.
[CC 1985 §17-5; Ord. No. 2897 §1, 2-27-1997]
It shall be considered a violation of City ordinances to place inappropriate waste materials in and around recycling stations that will be located within the City limits. Violations of this Section may be forwarded to the City Attorney for possible action in Municipal Court.