Title 8

Chapter 32
GARBAGE AND REFUSE

Sections:

8.32.010 Definitions

The following definitions of terms shall apply unless the context clearly indicates another meaning or unless elsewhere expressly stated for specific application:

"City-owned container" means any container supplied to residential or commercial refuse generators by the City.

"Compost" means the product resulting from the decomposition of leaves, straw, grasses and other such vegetable matter mixed or unmixed with well-rotted manure, and mixed or unmixed with inorganic materials ordinarily forming a part of the soil, such as sand or lime, loan, and used, and usable or intended to be used as fertilizer and soil conditioner.

"Contract collection" means engagement by the City of a private company or companies under formal agreement and definite specifications to collect and haul municipal refuse for which the contractors are paid from general public revenues or service fees collected by the City.

"Disposal area" means any site, location, tract of land, area, building, structure or premises used or intended to be used for refuse disposal.

"Garbage" means every accumulation of animal, vegetable or other matter that attends the preparation, consumption, decay, dealing in or storage of meats, fish, fowl, birds, fruit or vegetables, including the cans, containers, or wrappers wasted along with such materials.

"Manure" means the accumulation of animal or fowl droppings with or without added decomposable materials such as straw, grasses or leaves, and exclusive of human excrement.

"Municipal collection" means performance of collection operations under direction of a regular municipal department or official.

"Owner/occupant" means the person occupying a dwelling or unit, or the person owning, operating, managing or keeping any hotel, apartment house, rental unit, mobile home, boardinghouse, trailer camp, auto court, food establishment, industrial establishment, commercial establishment, business establishment, school, church, or institution or premises wherein or whereon refuse accumulates or is likely to accumulate.

"Private collection" means collection by licensed individuals or companies of refuse materials from private properties, pursuant to arrangements made directly between the owner or occupant of the premises and the collector.

"Rack" means any type of support which will hold refuse containers upright and protect the contents from being scattered by animals or the wind.
"Refuse" means any waste products solid or having the character of solids rather than liquid in that it will not flow readily without additional liquid and which is composed wholly or partly of such materials as garbage cleanings, trash, rubbish, litter, industrial solid wastes or domestic solid wastes; organic wastes or residue of animals sold as meat, fruit or other vegetables or animal matter from kitchens, dining rooms, markets, food establishments or any places dealing in or handling meat, fowl, fruits, grain or vegetables, offal, animal excreta or the carcasses of animals, brick, plaster or other waste matter resulting from the demolition, alteration or construction of buildings or structures; accumulated waste material, cans, containers, tires, junk, or other such substances which may become a nuisance.

"Refuse collector" means the person, firm, agency or public body or employee or agent thereof who is or intends to be engaged in the collection and/or transportation of refuse in any part of the City.

"Refuse container" means any container supplied to refuse generators by an authorized collector which are approved by the Director of Public Works.

"Refuse disposal" means the complete process required for the disposal of any refuse and includes all tools, equipment, treatment spaces, buildings, structures, appurtenances and materials required to take refuse from a refuse collector and bury, incinerate, destroy or otherwise dispose of such refuse.

"Rubbish" means wood, leaves, trimmings from shrubs, dead trees or branches, shavings, sawdust, excelsior, woodenware, dodgers, printed matter, paper, paperboard, pasteboard, packing crates and pasteboard boxes, grass, roots, straw, wearing apparel, soil, earth, sand, clay, gravel, loam, stone, bricks, plaster, crockery, glass, glassware, ashes, cinders, shell, metals, and all other materials not included under the term "garbage."

"Salvage operation" means any operation carried on by a person, firm or corporation for the express purpose of reclaiming for value a portion of a substance, material, or goods prior to or as a part of the refuse disposal process by sorting, segregation, or other manual or mechanical means.

"Transportation of refuse" means the hauling in bulk or in refuse containers to the designated disposal area or transfer station. (Ord. 2449 §1(part), 1987).

"Commercial collection" means collection from businesses and multifamily units containing two or more separate dwellings.

"Residential collection" means collection from all single family dwellings.

"Yard Waste" means grass clippings, leaves, trimmings from shrubs and trees, and vegetable and flower garden plants. (Ord. 2728, 1997)

8.32.020Containers--accumulation or refuse--standards generally

The standards and requirements set out in Sections 8.32.030 through 8.32.120 are established as a minimum for the accumulation and storage of refuse pending collection. (Ord. 2449 §1(part), 1987).

8.32.030 Containers--future use of underground cans prohibited

From and after November 1, 1972, underground containers shall not be used; provided, however, such containers in use at that time may continue to be used until changed by occupant. (Ord. 2449 §1(part), 1987).

8.32.040 Containers--refuse--placement for collection

Residential refuse and garbage generators equipped with City-owned rollout containers shall place refuse and garbage containers on the scheduled collection days at the curbline in front of their residences. Containers shall not be placed for collection before six p.m. on the day preceding the day of collection, and after the containers are emptied they shall be removed from the curbline on the day of collection. It shall be the duty of the owner/occupant to provide and maintain accessibility to any and all containers. (Ord. 2449 §1(part), 1987).

8.32.050 Containers--refuse--placement for alley collection

City-owned containers shall be distributed and positioned as approved by the director of public works. Containers serving more than one residence shall be positioned along the rear or side alley in a manner to facilitate efficient collection and accessibility for refuse and garbage generators and City refuse and garbage collection. It shall be the duty of the owner/occupant to provide and maintain accessibility to any and all containers. (Ord. 2449 §1(part), 1987).

8.32.070 Containers--refuse--garbage wrapping requirements

All garbage placed in residential refuse containers shall be wrapped with paper or plastic. It is prohibited to place the following materials in a City-owned container:

  1. Large limbs or trimmings that do not allow the container lid to close;
  2. Liquids;
  3. Large construction, demolition or remodeling debris;
  4. Concrete, dirt or plaster;
  5. Appliances or other furniture that will not allow the lid to close;
  6. Hot ashes;
  7. Dead animals or parts thereof;
  8. Yard waste including grass clippings. (Ord. 2449 §1(part), 1987).

8.32.080 Combustible rubbish storage

Whenever combustible rubbish is held and stored within any industrial, commercial, or business structure, it must be stored in a manner acceptable to the Fire Marshall. (Ord. 2449 §1(part), 1987).

8.32.090 Containers--rubbish accumulation

Ordinary accumulations of rubbish between collections may be placed at the designated collection place in any container of size and shape easily lifted, secured against the wind, and handled without spillage by the collector. Extraordinary accumulations of rubbish shall be placed for collection in appropriate containers. Tree trimmings may be placed for collection outside of a container provided such trimmings are secured in bundles of convenient size and weight and do not exceed four feet in length. Grass clippings shall be placed in substantial containers that can be collected without spillage. Wetted down ashes shall be placed only in easily lifted metal containers with covers. Other waste material shall be in sturdy, well-built containers which will not break, fall apart, rip or tear while being handled by the collector, or shall be secured in neat bundles, easily handled by the collector and shall not exceed four feet in length. (Ord. 2449 §1(part), 1987).

8.32.100 Bulk handling--refuse storage

Bulk handling or storage of refuse of any character shall be subject to review by the City, and the owner or occupant of any industrial, commercial or business establishment shall make such provisions as required for the sanitary and safe storage and collection of such refuse as may be produced in bulk. (Ord. 2449 §1(part), 1987).

8.32.120 Containers--bulk--multifamily dwelling

For multifamily dwellings containing four or more separate dwelling units, bulk containers of a minimum one-cubic-yard capacity shall be required. For commercial or industrial establishments, bulk containers shall generally be required unless the amount of refuse generated warrants special consideration by the City. Bulk containers shall be supplied and shall be in accordance with requirements outlined in Sections 8.32.040 through 8.32.050. (Ord. 2449 §1(part), 1987).

8.32.150 Collector--littering prohibited

The collector shall not litter any premises or public property while making collections of refuse, nor shall any refuse be allowed to blow or fall from collection vehicles; however, if in spite of normal precautions against spillage, litter is made on any premises or public property, the collector shall immediately remove same and clear up the area of spillage. The collector shall not be responsible to clear up the area of spillage when refuse has been carelessly spilled by the owner/occupant. City Sanitation Officer shall be notified to enforce correct litter accumulation requirements. (Ord. 2449 §1(part), 1987).

8.32.160 Private persons transporting

Private persons who transport any refuse or yard waste shall take action to prevent any spillage. Should any spillage accidentally occur, the transporter will immediately clean the area. (Ord. 2728, 1997; Ord. 2449 §1(part), 1987).

8.32.190 Premises maintenance—violation

It shall be the duty of every owner/occupant to maintain the premises, equipment, containers, and disposal areas owned or used in compliance with all the requirements of this chapter and all of the applicable provisions of this Code and violation is a public nuisance. (Ord. 2728, 1997; Ord. 2449 §1(part), 1987).

8.32.200 Alley maintenance

All persons owning, occupying or being in control of property fronting on any alley of this City shall keep the portion of the alley between the centerline thereof and the property line of such property and fronting on such property, free from garbage, rubbish, weeds, or any other combustible material. (Ord. 2728, 1997; Ord. 2449 §1(part), 1987).

8.32.220 Premises--container placement--parks and public areas

Containers shall be placed by the owner/occupant in a place or manner approved by the Sanitation Division. The Sanitation Division may also place containers in parks, recreation areas, places of public assembly, and along public rights-of-way as may be required or desirable. (Ord. 2449 §1(part), 1987).

8.32.240 Premises--collection—authorized

Every tenant, lessee, occupant, keeper or owner of the places or occupancies referred to in this chapter shall be responsible for the regular collection of garbage from the places of occupancy by authorized collectors. No person shall permit the removal of any refuse except in an approved manner or by an authorized collector. (Ord. 2449 §1(part), 1987).

8.32.270 Burning

The burning of refuse is prohibited. (Ord. 2449 §1(part), 1987).

8.32.280 Construction--waste removal regulations

Each person, building contractor, construction contractor, or subcontractor, engaged in the construction or repair or demolition of any building or structure or part thereof, shall take measures to prevent waste matter or rubbish from accumulating on any street, alley, gutter, park, sidewalk curbing, curb space, any public way or any privately owned premises. Any refuse, waste matter or rubbish shall be cleaned up, and removed from a work site, and disposed of in a sanitary manner. (Ord. 2728, 1997; Ord. 2449 §1(part), 1987).

8.32.290 Salvaging prohibited--exception with contract or permit

No person may pick over, sort, segregate or salvage any refuse deposited in an authorized disposal area, refuse container or refuse pile except as authorized by contract or permit. (Ord. 2449 §1(part), 1987).

8.32.310 Manure accumulations

All manure resulting from keeping of any animal, fowl, livestock or game in the City shall be accumulated in sanitary flyproof containers and collected and disposed of in an approved manner. (Ord. 2728, 1997; Ord. 2449 §1(part), 1987).

8.32.331 Billing charges

  1. The City may make monthly billings for the costs of sanitation service. The cost of sanitation services including collection, refuse reduction or shredding and disposal of garbage from the streets, alleys, and private premises of the City shall be charged to the owner of the property from which such garbage is removed.
  2. Payment shall be made at the Fiscal Control office within fifteen days after the billing date. If payment is not made, such costs may be assessed against the property. (Ord. 2728, 1997; Ord. 2506 §1, 1988).

8.32.332 Assessing delinquent charges

The City may include sanitation charges as part of the annual resolution assessing delinquent accounts. The resolution shall provide property owners name; property owners mailing address; street address; legal description; and parcel number of the property in question. (Ord. 2728, 1997)

8.32.350 Sanitation rates resolution

  1. The City Commission shall, following a public hearing, adopt a resolution establishing sanitation rates as they determine necessary to defray the cost of sanitation services for the fiscal year.
  2. It shall be the duty of the Fiscal Control Department before the passage of the resolution fixing the sanitation rates to publish in the official paper of the City a notice of public hearing on the rate resolution. The notice shall include the time and place the resolution will come up for hearing. (Ord. 2728, 1997; Ord. 2449 §1(part), 1987).

8.32.380 Special services rate

A special services rate will be established each year to recover the costs of handling garbage outside of containers. These costs are to be billed monthly to each owner/occupant on the basis of additional time spent at the pickup site. No charges will be made for special services requiring less than three minutes provided, acceptable refuse containers are in use. Where inadequate containers are provided, as determined by the Sanitation Division, the three-minute exception will not apply. (Ord. 2728, 1997; Ord. 2449 §1(part), 1987).

8.32.420 Exemption from service prohibited

It is declared that it is in the interest of good health and sanitation that all premises in the City should receive sanitation service. No service exemption shall be made. Owner/occupants receiving private collection under a City license or permit shall be exempt from City collection charges unless such owner/occupant uses a City container in which case the owner/occupant shall be charged for so long as such use continues. Charges for refuse disposal shall be made against all lots wherein or whereon refuse accumulates or is likely to accumulate. (Ord. 2507 §1, 1988: Ord. 2449 §1(part), 1987).

8.32.430 Contractual --license required

  1. No person shall engage in the business of collecting and removing refuse from any business establishment or private dwelling in the City without first obtaining a City license or applicable certificate.
  2. No owner/occupant or private individual not in the business of collecting and removing refuse shall cause same to be removed from a business establishment or private dwelling in the City except by licensed collector. (Ord. 2728, 1997; Ord. 2449 §1(part), 1987).

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