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:

Garbage means putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.

Litter means garbage, refuse and rubbish as defined in this section and all other waste material which, if thrown or deposited as prohibited in this article, tends to create a danger to public health, safety and welfare.

Public place means any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds and buildings.

Refuse means all putrescible and nonputrescible solid wastes (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles and solid market and industrial wastes.

Rubbish means nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials.

Vehicle means every device in, upon or by which any person or property is or may be transported or drawn upon a highway, including devices used exclusively upon stationary rails or tracks.

(Code 1977, § 8.34.010)

Cross reference— Definitions generally, § 1-2.

No person shall throw or deposit litter in or upon any street, sidewalk or other public place within the city except in public receptacles, in authorized private receptacles for collection, or in official city dumps.

(Code 1977, § 8.34.020)

Persons placing litter in public receptacles or in authorized private receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements upon any street, sidewalk or other public place, or upon private property.

(Code 1977, § 8.34.030)

(a)

No person shall sweep into or deposit in any gutter, street or other public place within the city the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter.

(b)

No person owning or occupying a place of business shall sweep into or deposit in any gutter, street or other public place within the city the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying places of business within the city shall keep the sidewalk in front of their business premises free of litter.

(Code 1977, §§ 8.34.040, 8.34.050)

No person, while a driver or passenger in a vehicle, shall throw or deposit litter upon any street or other public place within the city, or upon private property.

(Code 1977, § 8.34.060)

Cross reference— Traffic and vehicles, ch. 114.

No person shall drive or move any truck or other vehicle within the city unless such vehicle is so constructed or loaded as to prevent any load, contents or litter from being blown or deposited upon any street, alley or other public place; nor shall any person drive or move any vehicle or truck within the city, the wheels or tires of which carry onto or deposit in any street, alley or other public place sticky substances, litter or foreign matter of any kind which creates a health or safety hazard.

(Code 1977, § 8.34.070)

Cross reference— Traffic and vehicles, ch. 114.

No person shall throw or deposit litter on any occupied private property within the city, whether owned by such person or not, except that the owner or person in control of private property may maintain authorized private receptacles for collection in such a manner that litter will be prevented from being carried or deposited by the elements upon any street, sidewalk or other public place or upon any private property.

(Code 1977, § 8.34.080)

The owner or person in control of any private property shall at all times maintain the premises free of litter; provided, however, that this section shall not prohibit the storage of litter in authorized private receptacles for collection.

(Code 1977, § 8.34.090)

No person shall throw or deposit litter on any open or vacant private property within the city, whether owned by such person or not.

(Code 1977, § 8.34.100)

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:

Garbage means any edible or nonedible waste consisting of animal or vegetable matter or other refuse from residential or commercial kitchens or storage locations, including hotels, restaurants, boardinghouses or dwelling houses, markets, public institutions, butcher shops or poultry or fish stores, or other accumulations not stated in this definition.

Mobile container means any residential garbage container provided by or approved by the city, including but not limited to Poly-Karts.

Refuse means any inflammable and combustible material, paper, boxes, excelsior, waste, tin cans, broken ware, clothing, shoes and ordinary waste accumulated by family residents.

Resident means any person having supervision of any dwelling house, apartment house, roominghouse or business of any nature in the city, either as owner or rental agent.

Trash means any organic combustible matter, including trees, limbs, leaves, grass, excessive boxes or papers, but expressly not including rocks, dirt, building material or other inorganic matter.

(Code 1977, § 8.32.010)

Cross reference— Definitions generally, § 1-2.

(a)

The containers referred to in this section shall be 90-gallon plastic carts on wheels that will be furnished to each residence by the city. Such carts, and the grounds immediately around them, shall be kept in a safe and sanitary condition at all times. The city shall provide one cart for each residence. In addition, residents shall have the option of leasing an additional cart for a minimum of six months for an additional monthly fee to be added to the resident's monthly utility bill. Containers are the property of the city, and shall remain at the assigned location regardless of changes of ownership or occupancy of the residence. Every dwelling in any zoning district within the city not zoned A-1 shall be provided a plastic cart for the disposal of garbage.

(b)

Notwithstanding the provisions of this section, those residents who had purchased a private owner cart prior to September 2, 1997, will be exempt from the minimum six-month usage period and shall only be charged for those months they actually use such carts, provided they contact the utility billing office so the necessary adjustments can be made.

(Code 1977, § 8.32.020; Ord. No. 672, § 1, 12-2-1997; Ord. No. 679, § 1, 12-2-1997)

Garbage shall be put in containers. Limbs which are securely bundled and tied and not exceeding three feet in length and weighing no more than 25 pounds will be picked up when placed no more than two feet from the curb or edge of the street. Grass clippings shall be placed in plastic bags no larger than 30 gallons and weighing no more than 25 pounds each. The maximum number of plastic bags allowed per residence per pickup shall not exceed five bags. Special collections or pickups will be provided for additional bags and other refuse subject to certain restrictions, including prior arrangements being made with the city and certain days for and size of collections being established. Fees for special collections will be established by resolution. The additional charge for such special collections will be assessed and added to the resident's monthly utility bill. All construction waste, whether by contractors or residents, is the responsibility of the owner for disposal. No dirt, rock or grass with clods shall be placed in the containers. No substances which are deleterious to the plastic cart shall be placed in them, and if the cart is damaged by a substance placed therein the expense of repair will be charged to the resident.

(Code 1977, § 8.32.030; Ord. No. 672, § 1, 12-2-1997)

(a)

Placement of mobile containers for collection; frequency of collection. By 7:00 a.m. on the day of pickup, the 90 gallon plastic carts should be placed in the street right-of-way not more than two feet from the curb or edge of the street surface whereby collectors can obtain them without going on private property. The front of the cart should be placed facing the street to allow the sanitation truck loader to grasp the cart for emptying. Carts shall be removed from the street right-of-way and returned to a location behind the front building line of the residence within 24 hours after the cart has been emptied by the collectors. Residents will be furnished once-a-week pickup.

(b)

Exceptions to frequency of collections. Residents will be furnished a once-a-week pickup. However, there may be certain extraordinary circumstances in which this cannot be met, including, but not limited to, weather conditions in which the refuse trucks cannot safely operate on the streets of Mustang and/or to and from the dumping site. These conditions may also include, but not be limited to debris blocking the streets, ice or snow-packed streets, or flooding. In such instances, the sanitation provider will provide that service as soon as conditions permit. In such circumstances, the provider will also make an exception to the normal amount of additional plastic bags a resident is allowed. However, this exception does not allow for such items that would normally not be considered for a weekly pickup, and all waste items must still be prepared as stated in section 98-63. There will be no adjustment to any charges for services if that service is simply delayed for such circumstances.

(Code 1977, § 8.32.040; Ord. No. 672, § 1, 12-2-1997; Ord. No. 767, § 1, 2-6-2001)

Containers for commercial establishments shall be owned and maintained by the city. Container rental shall be based upon the number of service pickups required by the business establishment and the size of the container. Business establishments will be provided a container for the accumulation of garbage, and such container shall be of such construction and design that it can be maintained in a sanitary condition. Small business establishments having a low enough volume of garbage and refuse that it can be accommodated in the 90-gallon plastic cart will be allowed to use the 90-gallon plastic carts and will be furnished the carts by the city at the cost of the carts to the city.

(Code 1977, § 8.32.050)

All owners or occupants of all premises in the city shall be required to receive sanitation service and will be provided a 90-gallon plastic cart as directed in section 98-62. Every resident shall pay a monthly rate to the city clerk as the city council may establish by resolution. The city may require a utilities deposit in an amount to be determined by resolution of the city council. Such deposit may be applied by the city to the satisfaction of any delinquent utility account without waiving any remedies provided by section 98-69.

(Code 1977, § 8.32.060; Ord. No. 1276, § 1, 10-4-2022)

On and after January 1, 1996, there is imposed upon each customer of the solid waste sanitation service operated by or through the city or the Mustang Improvement Authority a state user fee for landfill disposal sites as set forth in section 42-98. The fee shall be in addition to any periodic charges for sanitation services. The user fee shall be included in each billing cycle, shall be stated separately from any other periodic charges, and shall be identified as a fee necessitated by increased costs for utilization of landfill disposal sites for purposes of administration and enforcement of the provisions of the Oklahoma Solid Waste Management Act, pursuant to 27A O.S. § 2-10-802, as amended, effective January 1, 1996. The fee shall be collected insofar as practicable at the same time as, and in the same manner as, the periodic charges for sanitation service in accordance with the regular billing practice of the city and/or the Mustang Improvement Authority. The city and/or the Mustang Improvement Authority will use such monies to the extent necessary to defray the increased costs resulting from utilization of landfill disposal sites and related matters.

(Code 1977, § 8.32.062)

It shall be unlawful for any private contractor to furnish garbage and refuse, trash or rubbish removal service to any owner or occupant of any premises or to any individual, firm or corporation within the city where such service has been offered to such owner, occupant or individual, firm or corporation as provided in this section. It is further provided that any permit issued hereunder shall be revoked and the commercial services terminated when the city offers the services provided in this section. All agreements between commercial haulers and owner-occupants, individuals or firms or corporations within the city shall contain a clause incorporating this section or language substantially to the same legal effect.

(Code 1977, § 8.32.065)

(a)

A failure to pay the fees for sanitation services or any other utility services provided by the city by the due date may result in the discontinuance of all utility services provided by the city. A notice of intent to interrupt service shall be mailed to the customer at least eight calendar days prior to discontinuance of service. The notice shall advise the customer of the discontinuance date, and contain provisions for an opportunity for hearing before the city manager or his/her designee. A charge as set forth in section 42-98 will be assessed to replace a cart after nonpayment of the bill.

(b)

The resident shall not be responsible for normal wear and tear of carts, but any damage done through neglect or omission of the resident shall the responsibility of the resident. A damaged cart will be repaired by the city and the resident will be billed for such repair. Upon terminating garbage service, the resident will account for and return the cart in good working condition, normal wear and tear excepted, and the failure to return the cart shall result in the total value of the cart being charged against the resident on his final bill.

(c)

Vandalism or damage to a cart by a party not the resident (third party) is declared to be a misdemeanor punishable in the municipal court of the city, and upon conviction thereof shall be punished by a fine not greater than $100.00 plus court costs.

(d)

In addition to the remedies contained in subsection (a) of this section, the city may utilize any remedy provided under section 118-3, undertake any other appropriate method for collection of delinquent charges, and pursue any remedy authorized by law.

(Code 1977, § 8.32.070; Ord. No. 1276, § 2, 10-4-2022)

A sanitation division is created as a separate division of the public works department within the corporate body of the city. The sanitation division shall be under the supervisory control of the public works director.

(Code 1977, § 8.24.010)

The sanitation division shall be responsible for the collection and disposal of garbage, trash and other refuse, and for the enforcement and administration of the provisions of articles III and IV of this chapter.

(Code 1977, § 8.24.020)

In the vacancy, absence, disability, suspension or removal of the sanitation superintendent, the duties and responsibilities of the office shall be discharged by the public works director or his designee.

(Code 1977, § 8.24.030)

The sanitation division shall perform the following duties:

(1)

The care, minor maintenance and custody of all equipment, vehicles and other property utilized by the sanitation division;

(2)

The designation of prescribed routes and districts and the scheduling of regular collection and pickup service thereon at stated times;

(3)

The implementation and supervision of such collection and pickup service to ensure that each resident of the city is afforded satisfactory and efficient service not less than two separate days each week, in accordance with the provisions of this article and article IV, division 2 of this chapter;

(4)

The maintenance of a fixed and published location and telephone listing within the corporate limits of the city whereby citizens may communicate with the sanitation division during normal business hours, Monday through Friday;

(5)

The enforcement of the provisions of articles III and IV relating to criminal offenses by coordination with the public works director, city manager and the chief of police, as appropriate;

(6)

The performance of such other and further duties as may be determined by the public works director and/or city manager.

(Code 1977, § 8.24.040)

In lieu of the operation of a sanitation division, the council, in its discretion, may direct the city manager to enter into negotiations for a sanitation contractual agreement. Before the sanitation contractual agreement shall become effective, such sanitation contractual agreement shall be approved by the council, subject to the advice of the city attorney as to legality, signed by the mayor and filed with the city clerk. Such contractual agreement shall be subject to the provisions of article IV, division 2 of this chapter, and shall impose on the promisor of sanitation services all of the duties and responsibilities imposed on the sanitation division. All of the provisions, duties and responsibilities shall be incorporated into such contractual agreement by implication.

(Code 1977, § 9.24.050)

It is unlawful for any person, firm or corporation to haul or transport any garbage, trash or other refuse over any street, highway or public right-of-way without having first been issued a license to operate a sanitation service within the city by the city clerk; provided, that residents of the city may transport organic trash.

(Code 1977, § 8.28.010)

An application for a license to operate a sanitation service in the city shall be in writing, verified to by the applicant or his duly authorized representative, shall be filed with the city clerk and shall contain the following information:

(1)

The name and current address of the applicant. If the applicant is a partnership, the names and current addresses of each of the partners. If the applicant is a corporation, the state incorporation seal and the names and addresses of the officers and directors thereof;

(2)

The current address of the principal place of business of the applicant;

(3)

A description of the vehicles to be used showing the make, model and type of truck plus state vehicle inspection registration number;

(4)

All other information pertaining to the operation of the service as required by the city clerk.

(Code 1977, § 8.28.020)

No person, firm or corporation required to have a license under this division shall haul or transport any garbage, trash or refuse or otherwise operate any sanitation service within the city without having a current certificate of insurance on file with the city clerk. Before a sanitation license for the operation of sanitation vehicles within the incorporated boundaries is to be issued, the owner shall file with the city clerk proof that a policy of insurance has been issued on each vehicle by an insurance company authorized to do business in the state, providing liability insurance for each and every vehicle to be operated by the applicant. The policy of insurance shall include coverage of bodily injury, wrongful death and property damage in amounts to be determined by the city council, and will be effective irrespective of whether the vehicle was being driven by the owner, agent, servant, employee, lessee or licensee at the time of the accident. The policy shall contain a provision that it cannot be cancelled until ten days' written notice has been filed with the city clerk. Should the insurance terminate, lapse or become void or ineffective, the license of such vehicle shall automatically become null and void unless a new policy as provided in this section shall be obtained. The governmental immunity to tort action of the city is not waived to any extent, force or effect in excess, or outside the parameters of, any liability coverage provided pursuant to this section.

(Code 1977, § 8.28.030)

No person, firm or corporation required to have a license under this division shall haul or transport any garbage, trash or refuse or operate a sanitation service, and no license shall be issued for the operation of any sanitation service without such person, firm or corporation having on file with the city clerk an approved surety bond in an amount exceeding $15,000.00 for the current fiscal year. The bond shall be filed annually and shall correspond with the fiscal year of the city.

(Code 1977, § 8.28.040)

The city is authorized to issue a temporary license upon the approval of the city council providing the requirements of this article have been temporarily adhered to until negotiations have been completed and the appropriate documents signed by both parties. The fee for the temporary license shall be set by the city council in regular session upon the approval of both parties.

(Code 1977, § 8.28.050)

A sanitation license fee in an amount to be determined by the city council shall be paid to the city clerk prior to the issuance of any license and shall be in addition to any fees required by the state. Licenses issued pursuant to this division are nontransferable.

(Code 1977, § 8.28.060)

(a)

Licensees shall perform all duties required of the sanitation superintendent in this article or failure to perform any duty set forth in article II of this chapter shall constitute grounds for the revocation of a sanitation license. In addition thereto, a finding that a sanitation license was issued as a result of misrepresentation or fraud or that the licensee is not furnishing proper service to the residents of the city or that the licensee is not conducting his business in a safe or sanitary manner or that the licensee is violating any municipal ordinance or state or federal law shall constitute grounds for the revocation of a sanitation license.

(b)

A sanitation license may be revoked in accordance with the following procedure:

(1)

After proper investigation, the city manager shall render a finding that the licensee is guilty of a violation or breach of duty.

(2)

Such finding along with his recommendation shall be placed on the agenda of a regularly scheduled city council meeting.

(3)

The licensee shall be notified in writing not less than ten days in advance of such council meeting of the findings and recommendations of the city manager, of the time and place of such council meeting and of his right to be present and to be heard at such meeting.

(4)

At such meeting the council shall accept or reject the city manager's recommendation and shall make the final decision as to whether or not the sanitation license shall be renewed. If it elects to revoke the license, the licensee shall be advised of his right to appeal the decision to the district court.

(c)

The city manager shall notify the licensee in writing not less than 45 days prior to the renewal date of such license of a decision not to renew the license.

(d)

Should the city require additional services such as extra pickup at commercial or residential locations, annual cleanup days or construction materials, additional service fees will be levied for those services rendered, as agreed between the parties.

(Code 1977, § 8.28.070)