CHAPTER XVII. SOLID WASTECHAPTER XVII. SOLID WASTE\ARTICLE 1. COLLECTION AND DISPOSAL

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

“Commercial waste” means all solid waste emanating from establishments engaged in business including, but not limited to, stores, markets, office buildings, restaurants, shopping centers, theaters, hospitals, governments and nursing homes.

“Garbage” means putrescible waste resulting from the handling, processing, storage, packaging, preparation, sale, cooking and serving of meat, produce and other foods and shall include unclean containers.

“Multifamily unit” means any structure containing more than six individual dwelling units.

“Refuse” means all garbage and/or rubbish or trash.

“Residential dwelling unit” means any enclosure, building or portion thereof occupied by one or more persons for and as living quarters.

“Rubbish or trash” means all nonputrescible materials such as paper, tin cans, bottles, glass, crockery, rags, ashes, lawn and tree trimmings, tree branches, limbs, tree trunks and stumps, boxes and barrels, wood and excelsior, street sweepings and mineral refuse. Rubbish or trash shall not include earth and waste from building operations or wastes from industrial processes or manufacturing operations.

“Solid waste” means all nonliquid garbage or rubbish and trash.

(Code 1971, § 11½-1)

The city manager is hereby authorized to formulate reasonable rules and regulations, subject to approval by the governing body, necessary to carry out the provisions of this article.

(Code 1971, § 11½-30)

The city shall regulate the collection of all solid waste in the city; provided, however, that the city may provide the collection service by contracting with a person, firm, corporation, county, another city, or a combination thereof, for the entire city or portions thereof, as deemed to be in the best interests of the city.

(Code 1971, § 11½-9)

Solid waste collectors operating under permit with the city are hereby authorized to enter in and upon private property for the purpose of collecting solid waste therefrom as required by this article.

(Code 1971, § 11½-10)

Solid waste in residential areas and commercial solid waste shall be collected as required by the occupant; provided, however, that no owner or occupant shall permit the accumulation of solid waste in such a manner as to create a public annoyance, or a health or fire hazard.

(Code 1971, § 11½-11)

All solid waste shall be disposed of at the county sanitary landfill. Such disposal site shall be operated in a manner consistent with regulations adopted by the county engineer and standards fixed by the state and federal governments.

(Code 1971, § 11½-13)

Rocks, dirt, sod, concrete and building materials shall be disposed of only in sites and in a manner approved by the county engineer and state board of health.

(Code 1971, § 11½-14)

Any person who from time to time may desire to dispose of unwanted objects, furniture, appliances, trash, litter or other solid waste shall dispose of such refuse by delivering it, or having it delivered, to an approved disposal site to be disposed of in the same manner as provided for ordinary residential or commercial waste.

(Code 1971, § 11½-15)

It shall be unlawful for any person to:

(1)   Deposit solid waste in any container other than that owned or leased by such person or under such person’s control without written consent of such owner and/or with the intent of avoiding payment of a refuse service charge.

(2)   Interfere in any manner with employees of the private licensees in the collection of solid waste.

(3)   Burn solid waste.

(4)   Dispose of solid waste in an unapproved site.

(Code 1971, § 11½-29)

The owners or occupants of dwelling units or commercial enterprises shall provide at their own expense suitable containers for the storage of solid waste as provided in this article. No owner or occupant shall permit to accumulate quantities of refuse or other waste materials within or close to any structure within the city unless the same is stored in approved containers and in such a manner as not to create an annoyance to the public, or a health or fire hazard.

(Code 1971, § 11½-)

Residential rubbish and trash shall be placed in disposable plastic bags of such strength to permit lifting without tearing. The plastic bags shall be securely closed. Plastic bags used for the deposit of household garbage shall be placed inside metal or plastic containers with a tight-fitting lid. Garbage shall be drained of all liquids before being placed in plastic bags. Residential containers shall be placed in a readily accessible location.

(Code 1971, § 11½-3)

Commercial establishments may use existing containers until notified by the city manager of a required change. Such commercial establishments shall have 30 days from the date of such notice to comply with the requirements of such notice.

(Code 1971, § 11½-4)

(a)   Trees, less than four inches in diameter, branches and shrubbery trimmings shall be securely tied in bundles which shall not exceed 18 inches in diameter nor 48 inches in length and shall not, regardless of size, exceed 50 pounds in weight.

(b)   Books, magazines and newspapers may be securely tied in bundles or placed in disposable cardboard containers. bundle or container and contents shall not exceed a weight of 50 pounds.

(c)   Empty cardboard boxes shall be flattened. No trash other than books, papers, magazines or lawn clippings, shall be placed in cardboard containers.

(Code 1971, § 11½-5)

Refuse placed in an improper container shall not be collected. Rocks, dirt, sod, concrete or building materials are not considered normal household wastes and will not be removed.

(Code 1971, § 11½-7)

All 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 purpose.

(Code 1971, § 11½-8)

No person shall engage in the business of collecting or transporting solid waste within the corporate limits of the city without first obtaining a permit from the city. A permit issued to a person shall cover all employees of such person.

(Code 1971, § 11½-16)

Each applicant for a permit shall file an application on forms to be approved by the city manager. Such application shall show:

(1)   The number of vehicles to be operated;

(2)   The make, model and identification number of each vehicle;

(3)   The average number of customers served on a monthly basis;

(4)   Boundaries of the collection area; and

(5)   Such other information as the city manager may require.

(Code 1971, § 11½-17)

The following fees shall be paid in advance by the applicant for a license to collect or remove trash within the city:

Each Vehicle

Fee

For a gross weight of 6,000 pounds or less

$50.00

For a gross weight of 6,000 pounds and not more than 10,000 pounds

65.00

For a gross weight of 10,000 pounds or more

100.00

For 1 to 100 customers, additional

15.00

For 100 to 500 customers, additional

25.00

For 500 customers or more, additional

50.00

(Code 1971, § 11½-19)

No permit shall be issued to any person as provided in section 17-116 until such applicant shall have filed a certificate of insurance written by a company licensed to do business in the state providing public liability insurance covering all operations and all vehicles operated by the applicant. Such policy shall provide not less than $100,000.00 for any injury to or death of any one person and $300,000.00 for the injury or death of any number of persons in any one accident and with a property coverage of not less than $50,000.00 for any one accident. Such policy may be written to allow the first $500.00 of property damage to be deductible. Such certificate of insurance shall provide that it cannot be cancelled until ten days after written notice of such cancellation has been filed with the city clerk.

(Code 1971, § 11½-20)

All permits issued under this article shall expire on June 30. A permit may be renewed for a period of one year upon payment of the annual license fee and filing a certificate of insurance as provided in section 17-121.

(Code 1971, § 11½-21)

All permits issued as provided in this article are nontransferable; provided, however, that one vehicle may be substituted for another by filing the description and identification number with the city clerk. Additional vehicles may be added by filing a proper application, insurance and permit fee.

(Code 1971, § 11½-18)

All vehicles operating under a permit issued under this article shall display the permit number on each side of the vehicle in a color which contrasts to the color of the vehicle. Such numbers shall be clearly legible and shall be not less than three inches in height.

(Code 1971, § 11½-22)

A permit issued under this article may be revoked by the governing body for the violations of any terms of this article or regulations of the city manager; provided, however, that no permit shall be revoked until the holder of such permit has been given notice in writing of the violation and given a reasonable opportunity to comply with the provisions of this article or regulation issued by the city manager.

(Code 1971, § 11½-23)