[Ord. No. 984,
§ 1, 3-4-1976; Ord. No. 1436, § 1, 10-19-1989; Ord. No. 1516, § 1, 5-21-1992; Ord. No. 1541, § 1, 2-18-1992]
For the purposes of this article the following terms shall be
deemed to have the meanings indicated below:
An incinerator which complies with all current regulations
of the responsible local and state air pollution control agencies.
Nonputrescible solid wastes consisting of combustible and/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.
Removal of solid waste from its place of storage to the transportation
vehicle.
The controlled biological reduction of organic waste to humus.
Waste materials from the construction or destruction of residential,
industrial or commercial structures.
The director of the solid waste management program of the
city shall be the city engineer or his authorized representative.
Disposable plastic or paper sacks with a capacity of twenty
(20) to thirty-five (35) gallons specifically designed for storage
of solid waste.
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.
Including, but not limited to, pathological wastes, explosive
wastes, pesticides, pesticide containers, toxic or radioactive materials.
A housing facility containing more than one dwelling unit
under one 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 tenant.
Incinerating, composting, baling, shredding, salvaging, compacting
and other processes whereby solid waste characteristics are modified
or solid waste quantity is reduced.
Recyclable materials shall mean newspapers, beverage cans,
glass, aluminum and plastic containers for food and beverages and
other materials which may be designated for recycling by the director
and/or a hauler licensed for recyclable matter collection by the city.
Solid waste.
Scavenging shall mean and include the physical examination
of solid waste and recyclable materials in a solid waste container,
or any container which may be used for the storage and collection
of recyclable materials, or the removal or disturbance of items placed
for collection by a solid waste hauler or a recyclable material hauler
by persons other than the adjacent owner, lessee or occupant, agents
of appropriate public agencies and persons authorized under this chapter
to collect and remove solid waste and recyclable materials.
Unwanted or discarded waste materials in a solid or semi-solid
state, including, but not limited to, garbage, ashes, street refuse,
rubbish, dead animals, animal or agricultural wastes, yard wastes,
discarded appliances, special wastes, industrial wastes, and demolition
and construction wastes. Recyclable materials retained by an occupant
or placed at curbside for collection shall be considered to be solid
waste.
COMMERCIAL SOLID WASTESolid waste resulting from the operation of any commercial, industrial, institutional or agricultural establishment, and multiple housing facilities with more than two (2) dwelling units.
RESIDENTIAL SOLID WASTESolid waste resulting from the maintenance and operation of dwelling units, excluding multiple housing facilities with more than two (2) dwelling units.
Receptacle used by any person to store solid waste during
the interval between solid waste collections.
The process of discarding or getting rid of unwanted material.
In particular, the final disposition of solid waste by man.
The entire solid waste system of storage, collection, transportation,
processing and disposal.
Keeping, maintaining or storing 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.
Grass clippings, leaves, tree trimmings.
[Ord. No. 984,
§§ 6.1 — 6.5, 6.7, 3-4-1976; Ord. No.
1541, § 2, 2-18-1993]
(a)
Required; exceptions. No person shall engage in
the business of collecting, transporting, processing or disposing
of solid waste within the corporate limits of the city without first
obtaining an annual permit or license therefor from the city; provided,
however, that this provision shall not be deemed to apply to employees
of the holder of any such permit or license.
(b)
Application; contents. Each applicant for any permit
or license required by this section shall state in his application
therefor:
(1)
The nature of the permit or license, as to collect, transport,
process or dispose of solid waste or any combination thereof;
(2)
The characteristics of solid waste to be collected, transported,
processed or disposed;
(3)
The number of solid waste transportation vehicles to be operated
thereunder;
(4)
The precise location or locations of solid waste processing
or disposal facilities to be used;
(5)
Boundaries of the collection area; and
(6)
Such other information as required by the director.
(c)
Insurance prerequisite to issuance. No such permit
or license shall be issued until and unless the applicant therefor,
in addition to all other requirements set forth, shall file and maintain
with the director evidence of a satisfactory public liability insurance
policy, covering all operations of such applicant pertaining to such
business and all vehicles to be operated in the conduct thereof, in
the amount of not less than one hundred thousand dollars ($100,000.00)
for each person injured or killed, and in the amount of not less than
two hundred thousand dollars ($200,000.00) in the event of injury
or death of two (2) or more persons in any single accident, and in
the amount of not less than fifty thousand dollars ($50,000.00) for
damage to property. Such policy may be written to allow the first
one hundred dollars ($100.00) of liability for damage to property
to be deductible. Should any such policy be cancelled, the director
shall be notified of such cancellation by the insurance carrier in
writing not less than ten (10) days prior to the effective date of
such cancellation, and provisions to that effect shall be incorporated
in such policy, which shall also place upon the company writing such
policy the duty to give such notice.
(d)
Denial; reapplication. If the application does not
clearly show that the collection, transportation, processing or disposal
of solid wastes will create no public health hazard or be without
harmful effects on the environment, the application shall be denied
and the applicant notified by the director, in writing, stating the
reason for such denial. Nothing in this section shall prejudice the
right of the applicant to reapply after the rejection of his application;
provided that all aspects of the reapplication comply with the provisions
of this article.
(e)
Renewal. The annual permit or license may be renewed
simply upon payment of the fee or fees as designated if the business
has not been modified. If modifications have been made, the applicant
shall reapply for a permit or license as set forth in paragraph (b)
and (c) of this section. No permit authorized by this article shall
be transferable from person to person.
(f)
Suspension or revocation. In all cases, when corrective measures have not been taken within the time specified in section 12-18 of this article, the director shall suspend or revoke the permit or license or permits or licenses involved in the violation; however, in those cases where an extension of time will permit correction and there is no public health hazard created by the delay, one (1) extension of time not to exceed the original time period may be given.
(g)
Contracts for disposal. The city shall have authority
to, from time to time, enter into contracts for the exclusive right
to collect and dispose of residential waste and recyclable materials
within the city. Any person, firm or corporation awarded such a contract
shall be subject to the foregoing requirements of this section. If
such an exclusive contract is awarded or in force, the city may refuse
to license any other person, firm or corporation from engaging in
the business of collecting, transporting or disposing of residential
solid waste or recyclable materials within the city.
[Ord. No. 984, § 6.6, 3-9-1976]
In order to insure compliance with the laws of this state, this
article and the rules and regulations authorized in this article,
the director is authorized to inspect all phases of solid waste management
within the city. In all instances where such inspections reveal violation
of this article, the rules and regulations authorized in this article
for the storage, collection, transportation, processing or disposal
of solid waste or of the laws of the state, the director shall issue
notice for each such violation stating therein the violation or violations
found, the time and date and the corrective measure to be taken, together
with the time in which such corrections shall be made.
[Ord. No. 984,
§ 2, 3-4-1976; Ord. No. 1541, § 3, 2-18-1993]
(a)
The occupant of every dwelling unit and of every institutional, commercial
or business, industrial or agricultural establishment producing solid
waste within the corporate limits of the city shall provide sufficient
and adequate containers for the storage of all solid waste, except
bulky rubbish and demolition and construction waste, to serve each
such dwelling unit and/or establishment; and to maintain such solid
waste containers at all times in good repair.
(b)
The occupant of every dwelling unit and of every institutional, commercial,
industrial, agricultural or business establishment shall place all
solid waste to be collected in proper solid waste containers, except
as otherwise provided herein, and shall maintain such solid waste
containers and the area surrounding them in a clean, neat and sanitary
condition at all times.
(c)
Residential solid waste shall be stored in containers that are leakproof,
waterproof, fitted with a fly-tight lid, secure against animals and
properly covered at all times except when depositing waste therein
or removing the contents thereof. Containers shall be of a type originally
manufactured for residential solid waste, with tapered sides for easy
emptying. They shall be of light weight and sturdy construction. Galvanized
metal containers or rubber, fiberglass or plastic containers which
do not become brittle in cold weather, or containers provided by a
licensed residential solid waste collection company may be used. Plastic
bags or biodegradable yard waste bags may not be used for storage
of any waste materials other than yard waste, but such bags may be
used to place waste material at the curbside for collection. Recyclable
materials may be stored in containers provided for that purpose by
a licensed residential recyclable collection company.
(d)
Commercial solid waste shall be stored in solid waste containers as approved by the director. The containers shall be waterproof, leakproof and shall be covered at all times except when depositing waste therein or removing the contents thereof; and shall meet all requirements as set forth by section 12-23. Commercial establishments may use dumpsters not exceeding forty-two (42) cubic yards, and each dumpster must have a sticker on the same stating that dumpster must be securely covered at all times except when being filled or emptied.
(e)
Tree limbs less than four (4) inches in diameter and brush shall
be securely tied in bundles not larger than forty-eight (48) inches
long and eighteen (18) inches in diameter when not placed in storage
containers. The weight of any individual bundle shall not exceed seventy-five
(75) pounds.
(f)
Yard wastes shall be stored in containers so constructed and maintained
as to prevent the dispersal of wastes placed therein upon the premises
served, upon adjacent premises, or upon adjacent public rights-of-way.
The weight of any individual container and contents shall not exceed
seventy-five (75) pounds.
(g)
Waste containers which are in violation of the requirements of this
article may be collected together with their contents and disposed
of.
[Ord. No. 984,
§ 3, 3-4-1976; Ord. No. 1541, § 4, 2-18-1993; Ord.
No. 1594, § 1, 3-3-1994]
(a)
All solid waste from premises to which collection services are provided
by the city shall be collected, except bulky rubbish as defined in
this article; provided, however, that bulky rubbish will be collected
if tied securely in bundles not exceeding reasonable limitations of
weight and bulk to be fixed by regulations to be made and promulgated
by the director as provided in this article. All solid waste collected
shall, upon being loaded into transportation equipment, become the
property of the collection agency.
(b)
Tree limbs, yard wastes and bulky rubbish shall be placed at the
curb for collection. Solid waste shall be placed at the curb for collection
in such containers as may be permitted by this article. No waste or
waste containers shall be placed at the curb prior to 5:00 P.M. on
the day preceding a scheduled collection, and containers must be removed
from the curbside by 5:00 P.M. on the day after collection.
(c)
Bulky rubbish shall be collected by request to the director. The
director shall establish the procedure for collecting bulky rubbish.
(d)
Solid waste collectors, employed by the city or utilized by the citizenry
or a solid waste collection agency operating under contract with the
city, are hereby authorized to enter upon private property for the
purpose of collecting solid waste therefrom as required by this article.
Solid waste collectors shall not enter dwelling units or other residential
buildings for the purpose of collecting residential solid waste. Commercial
solid waste may be removed from within commercial establishments upon
written request of the owner and approval by the director.
(e)
The following collection frequencies shall apply to collections of
solid waste within the city:
(1)
All residential solid waste, other than bulky rubbish, shall
be collected at least weekly.
(2)
All commercial solid waste shall be collected at least weekly,
and shall be collected at such lesser intervals as may be required
by the director upon a determination that such lesser interval may
be necessary for the preservation of the health and/or safety of the
public or to prevent a public nuisance.
(f)
Residential solid waste containers shall be stored upon the residential
premises behind the front wall line of the principal building and
any attached accessory structure on the lot. Commercial solid waste
containers shall be stored upon private property, unless the owner
shall have been granted written permission from the city to use public
property for such purposes. The storage site shall be well-drained
and fully accessible to collection equipment, public health personnel
and fire inspection personnel.
(g)
Solid waste collectors, employed by the city or authorized by citizens or a solid waste collection agency operating under contract with the city, shall be responsible for the collection of solid waste from the point of collection to the transportation vehicle provided the solid waste was stored in compliance with paragraph (c), (d), (e) and (f) of section 12-19 of this article. Any spillage or blowing litter caused as a result of the duties of the solid waste collector shall be collected and placed in the transportation vehicle by the solid waste collector.
[Ord. No. 984,
§ 4, 3-4-1976]
(a)
All transportation vehicles and compactors shall be maintained in
a safe, clean and sanitary condition and shall be so constructed,
maintained and operated as to prevent spillage of solid waste therefrom.
All vehicles to be used for transportation of solid waste shall be
constructed with watertight bodies and with covers which shall be
an integral part of the vehicle or shall be a separate cover of suitable
material with fasteners designed to secure all sides of the cover
to the vehicle and shall be secured whenever the vehicle is transporting
solid waste, or, as an alternate, the entire bodies thereof shall
be closed, with only loading hoppers exposed. No solid waste shall
be transported in the loading hoppers. The name of the owner of any
such vehicle shall be clearly printed on the side door of such vehicle.
(b)
All earth and rock and other similar materials shall be conveyed
in tight vehicles, trucks or receptacles, so constructed and maintained
that none of the material being transported shall spill upon the public
rights-of-way.
[Ord. No. 984,
§ 5, 3-4-1976]
(a)
Solid wastes shall be deposited at a processing facility or disposal
area approved by the city and complying with all requirements of the
state division of health.
(b)
The director may classify certain wastes as hazardous wastes which
will require special handling and shall be disposed of only in a manner
acceptable to the director and which will meet all local, state and
federal regulations.
[Ord. No. 984,
§ 7, 3-4-1976]
The director shall make, amend, revoke and enforce reasonable
and necessary rules and regulations governing, but not limited to:
(1)
Preparation, drainage and wrapping of garbage deposited in solid
waste containers.
(2)
Specifications for solid waste containers, including the type, composition,
equipment, size and shape thereof.
(3)
Identification of solid waste containers and of the covers thereof,
and of equipment thereto appertaining, if any.
(4)
Weight limitations on the combined weight of solid waste containers
and the contents thereof, and weight and size limitations of bundles
of solid waste too large for solid waste containers.
(5)
Storage of solid waste in solid waste containers.
(6)
Sanitation, maintenance and replacement of solid waste containers.
(7)
Schedules of and routes for collection and transportation of solid
waste.
(8)
Collection points of solid waste containers.
(9)
Collection, transportation, processing, compacting and disposal of
solid waste.
(10)
Disposal facilities and fees for the use thereof.
(11)
Records of quantity and type of wastes received at processing and/or
disposal facilities.
(12)
Handling of special wastes such as toxic wastes, sludges, ashes,
agriculture, construction, bulky items, tires, automobiles, oils,
greases, etc.
[Ord. No. 984,
§ 8, 3-4-1976; Ord. No. 1436, § 2, 10-19-1989; Ord. No. 2117 § 1, 11-19-2009]
It shall be unlawful for any person to:
(1)
Deposit solid waste in any solid waste container, other than his
own, without the written consent of the owner of such container and/or
with the intent of avoiding payment of the service charge hereinafter
provided for solid waste collection and disposal;
(2)
Interfere in any manner with solid waste collectors in the lawful
performance of their duties as such, whether such equipment or collectors
shall be those of the city or those of a solid waste collection agency
operating under contract with the city;
(3)
Burn solid waste unless an approved incinerator is provided or unless
a variance has been obtained from the appropriate air pollution control
agency;
(4)
Dispose of solid waste at any facility or location which is not approved
by the city and the state division of health;
(5)
Engage in the business of collecting, transporting, processing, compacting
or disposing of solid waste within the corporate limits of the city
without a permit from the city, or operate under an expired permit
or license, or operate after a permit or license has been suspended
or revoked;
(6)
Scavenge, as defined in section 12-16 of this Code, in or from any solid waste container or any container which may be used for the storage and collection of recyclable materials or in or among any solid waste placed for collection or recyclable materials placed for collection as provided by law.
(7)
Whenever the city provides for refuse collection and removal services
from residences by contract with a private or public entity or agency,
it shall be unlawful for any property owner or occupant of a residence
eligible for the contracted service: (a) to fail to register with
the city's service provider; or (b) to fail to subscribe to such
service; or (c) to permit such subscription to lapse or be terminated.
[Ord. No. 984,
§ 9, 3-4-1976]
Any person violating any of the provisions of this article or any lawful rules or regulations promulgated pursuant thereto, upon conviction shall be punished as provided in section 1-10 of this Code.
[Ord. No. 1516, § 2, 5-21-1992]
Owners of property located within the city may dispose of yard
waste by composting such materials on their property as an accessory
use. Composting may be conducted with the following conditions and
restrictions:
(1)
Composting piles shall be for private use only. It shall be unlawful
to operate a commercial composting facility or to accept a fee for
sale or use of the product of such composting or to accept a fee to
receive material for composting unless such activity is authorized
by and conducted in full compliance with the city's zoning ordinances.
(2)
All composting shall be conducted using approved composting procedures
and complying with the following requirements:
a.
All compost piles shall be enclosed in a free-standing compost bin
which shall be no larger than one hundred (100) cubic feet for each
ten thousand (10,000) square feet of lot size of the property on which
it is located. Compost bins shall be so constructed and maintained
as to prevent the materials contained therein from falling through
the sides thereof and to prohibit the contents from being blown out
of the container by wind or other natural forces. Compost bins shall
not exceed five (5) feet in height, nor may the base of any compost
bin exceed six (6) feet in length.
b.
All compost bins shall be so enclosed, constructed, and maintained
as to prevent the harborage of rodents and pests. The presence of
rodents in or near a compost pile shall be prima facie evidence of
the maintenance of a public nuisance and public health hazard and,
in addition to any other relief or punishment provided by law, as
order for immediate removal thereof may be issued by the building
inspector.
c.
All compost bins shall be so maintained as to prevent unpleasant,
putrefactive, sweet, sour or pungent odors.
d.
Compost bins may be located only in the rear area of a lot and behind
the rear line of the principal building on the lot. No compost bin
may be located within three (3) feet of the principal building, nor
within three (3) feet of the rear or sidelines of the lot. No compost
bin may be located within fifteen (15) feet of any principle structure,
deck, patio, pool or similar structure on adjacent property. No compost
bin may be located on a corner lot within the required yard area along
an adjacent street.
e.
No compost bin shall be located in such a manner as to impede the
natural flow of stormwater drainage or creeks.
(3)
(4)
Every owner and tenant of property shall be responsible for maintaining all property under his control in accordance with the requirements of this section. Any person found guilty of owning or occupying property upon which a compost pile in violation of this section is located may be punished as provided in section 1-10 of this Code of Ordinances.
