(a)

It is determined by the city that the collection and disposal of solid waste and recyclable material, as defined in this article, is a city-provided service which is optional to all customers as defined herein and is necessary for the protection of health, safety, and general welfare of its citizens; and that the city shall furnish these services within its corporate limits, except as otherwise provided in this Code.

(b)

The city manager may promulgate rules and regulations associated with the administration of this article.

(Code 1975, § 28-2; Ord. No. 2186, 9-14-92; Ord. No. 2879, § 1, 4-26-05)

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:

Automated collection means that service which requires a city solid waste employee to operate a collection vehicle which mechanically lifts and deposits discarded material into the vehicle from a city-supplied container.

Commercial and industrial solid waste means any refuse material generated, produced, or discarded by nonprofit organizations, multi-unit dwellings, or commercial or industrial establishments, including but not limited to motels, hotels, recreational vehicle parks, restaurants, professional offices, clubhouses, places of entertainment, manufacturing plants, schools, or any other organization or business, whether wholesale, retail, or service in nature.

Compost means products resulting from the controlled biological decomposition or organic wastes that are source separated from the municipal solid waste stream. Compost waste includes but is not limited to leaves, cuttings, trimmings, shrubs, and grass.

Construction and demolition waste means any solid refuse resulting from the construction, reconstruction, demolition, or repair of any premises.

Contractor means any person providing solid waste collection services within the city.

Customer means any owner, occupant, or person having control of any premises which utilize city solid waste/recycling collection services. The director has the discretion to deny a new request for service for neighborhoods, dwellings, and buildings, which the director determines: 1) that arrangements cannot be made for safe service access, container storage ability, and/or billing or 2) requires a collection system not provided by the city.

Director means the executive director for infrastructure for the city.

Environmental services supervisor means the person designated by the city within the infrastructure department, environmental services division, whose primary responsibility is to oversee the daily operation of and personnel assigned to those duties which include but are not limited to those tasks associated with solid waste collection.

Garbage means all animal and vegetable refuse resulting from the preparation, handling or dispensing of food, including all accumulation of animal and vegetable matter that attends the preparation, consumption, decay, processing or storage of meats, fish, fruits, vegetables, tallow, bones, or meat trimmings that have been discarded by the owner or producer thereof.

Hazardous waste means a material or combination of materials, which due to its quantity, concentration, or physical, chemical or infectious characteristics:

(1)

Causes or significantly contributes to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness.

(2)

Poses a substantial present or potential hazard to human health or environment when improperly treated, stored, transported, disposed of, or otherwise managed.

Unless expressly provided otherwise, hazardous waste shall be as defined by federal, state, and local rules and regulations.

Household hazardous waste means discarded materials resulting from products purchased or used by the general public for household purposes which, due to their quantity, concentration, or physical, chemical, or infectious characteristics pose a substantial or potential hazard to human health or the environment when improperly stored, treated, disposed, or otherwise managed.

Infectious waste means any material incidental to or resulting from the operation of any hospital, medical clinic, physician's office, veterinary clinic, or residential sickroom; as defined by federal, state, and local statutes, rules and regulations.

Litter means all discarded material, including but not limited to waste materials, refuse, garbage, trash, debris, bottles, cans, glass containers, or other foreign substances, solid or liquid, of every form, size, kind, and description.

Primary residential structure means the principal single-family residential unit on a property. This shall not include nonresidential structures or secondary residential units, unless deemed otherwise by the director.

Recyclable materials may include but are not limited to newspapers, aluminum cans, tin cans, steel cans, plastic bottles, cardboard, magazines, catalogs, office paper, junk mail, phone books, empty aerosol cans, brown paper bags, aluminum foil, pie tins, paperboard and glass bottles.

Recycle or recycling means the process of collecting, sorting, cleansing, treating, and reconstituting materials that would otherwise become solid waste, and returning them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet state or local quality standards necessary to be used in the marketplace.

Refuse means all nonrecyclable solid waste, trash, rubbish, animal waste, or other nonrecyclable matter discarded by the owner or producer thereof, whether combustible or noncombustible. This shall not include garbage hazardous waste, household hazardous waste, or infectious waste as defined in this section.

Residential solid waste means discarded materials, including recyclable materials, originating from dwellings located in the city and their immediate premises. This shall not include hazardous waste, household hazardous waste, or infectious waste.

Residential solid waste and/or recycling containers means receptacles for the purpose of depositing discarded materials furnished or supplied by the city. City-provided customer refuse receptacles shall be black and recycling receptacles shall be green, or as otherwise specified by the director.

Residential unit means any dwelling which receives city-provided solid waste/recycling collection services.

Solid waste means all discarded putrescible and nonputrescible solid, semisolid, and liquid materials, including garbage; trash; paper; rubbish; ashes; industrial materials; demolition and construction materials; abandoned vehicles and parts thereof; discarded home and industrial appliances; dewatered, treated, or chemically fixed sewage sludge, which is not hazardous material; manure, vegetable or animal solid, and semisolid material; and other discarded solid and semisolid material, including recyclable materials. This shall not include discarded hazardous, household hazardous, or infectious materials.

Solid waste/recycling collection services includes any manual, automated, or semiautomated integrated city-provided collection for disposal of those discarded materials deemed acceptable by this article.

Special collection means citizens requesting city disposal of solid waste materials requiring unusual or exceptional handling, which cannot be accommodated through automated collection services. Such items shall comply with the requirements set forth in this article and shall require additional arrangements to be made with the city for proper retrieval and disposal.

(Code 1975, § 28-1; Ord. No. 2186, 9-14-92; Ord. No. 2282, § 1, 9-27-93; Ord. No. 2305, § 1, 1-24-94; Ord. No. 2656, § 32, 2-12-01; Ord. No. 2784, § 1, 6-24-03; Ord. No. 2879, § 1, 4-26-05; Ord. No. 2976, § 1, 12-12-06; Ord. No. 3492, § 1, 9-11-18; Ord. No. 3527, § 1, 5-28-19; Ord. No. 3745, § 46, 8-26-25)

Cross reference— Definitions generally, § 1-2.

Any person found guilty of a violation of any provision of this article shall be punished as provided in Section 1-8(a).

(Code 1975, § 28-10; Ord. No. 2186, 9-14-92)

(a)

All residential solid waste shall be drained of liquid prior to deposit for collection. All cans and bottles which have contained food shall be thoroughly rinsed and drained prior to deposit for collection. Tree trimmings not more than two inches in diameter, hedge clippings, and similar materials shall be cut to securely fit into the solid waste/recycling container so as not to cause the opening, between the level rim and the lid, of the container to be greater than a 45-degree angle, prior to placement for collection.

(b)

Any recyclable materials placed within the public right-of-way or within a recycling container furnished by the city, for collection purposes by a customer receiving city-provided solid waste/recycling collection services, shall become the property of the city. It shall be unlawful for any person other than employees of the city, acting within the scope of their employment, to remove such materials from the public right-of-way, or from a city container placed in the public right-of-way, or to transport over public streets any recyclable materials so removed.

(c)

No customer shall use any solid waste/recycling container, other than those supplied by the city, for the purpose of conveying residential solid waste or recyclable materials to authorized city trucks, once solid waste/recycling containers have been provided to the customer by the city.

(d)

It shall be unlawful to place any solid waste, household hazardous waste, hazardous waste, or infectious waste in any street, alley, or other public place, or upon any private property, whether owned by such person or not, within the city unless it is placed in containers specified as acceptable for collection or under express approval granted by the director. Any unauthorized accumulation of solid waste on any premises is prohibited.

(e)

Materials infused with or containing poisons, explosives, dangerous or corrosive chemicals, clothing taken from persons with infectious diseases, heavy metals or metal parts, lumber, rocks, bricks, concrete blocks, tires, sod, dirt, gravel, dead animals, materials from construction or remodeling, hazardous waste, household hazardous waste, and infectious waste shall not be placed in solid waste/recyclable containers provided by the city, or collected by the city for disposal, unless specifically approved by the director.

(f)

Manure from animals shall be placed in moisture resistant containers, securely sealed to prevent leakage, odor, and fly and rodent infestation, before being placed in solid waste containers.

(g)

It shall be unlawful to store, transport or dispose of infectious waste in any manner which violates applicable federal, state, and local statutes, rules, and regulations.

(h)

Ashes and dust shall be placed in disposable containers and securely sealed to prevent leakage prior to placement in solid waste containers. Ashes shall be sufficiently cooled prior to placement in containers.

(i)

Boxes and crates shall be dismantled, flattened, or otherwise compacted prior to placement in solid waste containers.

(j)

No person shall introduce refuse, contaminated materials, or any materials which are not accepted for recycling, under the provisions of this article, into a city-provided recycling container designated for recyclable materials.

(k)

It shall be unlawful to place and/or store any hazardous waste, household hazardous waste, or infectious waste in solid waste/recycling containers. Such materials shall be disposed of in accordance with all applicable federal, state, and local statutes, rules, and regulations.

(l)

Preparation of recyclable materials accepted by the city shall include but not be limited to the following:

(1)

[Reserved.]

(2)

All aluminum, tin, and steel cans must be rinsed and free of food materials and liquid prior to placement into the recycling containers.

(3)

All plastic containers, marked with a recycling code designated as acceptable by the director for city collection, must be rinsed clean prior to placement into the recycling container.

(4)

[Reserved.]

(m)

Only those recycling materials specified within subsection (l) of this section or as designated by the director shall be accepted for collection by the city.

(Code 1975, § 28-3; Ord. No. 2186, 9-14-92; Ord. No. 2879, § 1, 4-26-05; Ord. No. 2976, § 2, 12-12-06)

(a)

Containers, including but not limited to solid waste and recycling containers, shall be furnished by the city to services customers unless otherwise exempted or specifically approved by the director.

(b)

It shall be unlawful for any customer to refuse, fail to surrender, accommodate and/or arrange for the authorized retrieval, by designated city employees, any city-issued solid waste/recycling container when so demanded by the city for reasons including but not limited to the termination of city-provided solid waste collection services, within the time period specified by this article or the director.

(c)

Each city-provided container shall be kept in a clean and sanitary condition by the customer. Failure to do so shall be unlawful.

(d)

The combined weight of each solid waste or recycling container and the contents thereof shall not exceed 350 pounds; the contents shall securely fit into the container so as not to cause the opening, between the level rim and the lid, of the container to be greater than a 45-degree angle.

(e)

It shall be unlawful for any person to uncover or cause to be uncovered, overturn or cause to be overturned, in any manner, any solid waste/recycling container placed upon any street, curb, or alley for removal by an authorized collector.

(f)

Each city-owned solid waste/recycling container shall be assigned to the residential unit and not to the occupant of the residence. It shall be unlawful for any person, except for authorized city employees during the course of their assigned duties, to remove solid waste/recycling containers from the immediate premises of the residential unit to which they were assigned for any reason.

(g)

It shall be unlawful to vandalize city-owned solid waste/recycling containers. Any violation thereof shall be reported to the city.

(h)

All solid waste/recycling containers shall be placed in the public right-of-way or as otherwise indicated by the director for scheduled collection. It shall be unlawful to place any solid waste/recycling container for collection in any location other than described in this article.

(i)

It shall be unlawful to store any solid waste/recycling container in locations or under conditions other than described in this subsection unless placed according to the provisions of this article for authorized collection. Solid waste/recycling containers shall be stored as follows:

(1)

In the yard area behind the primary residential structure, as defined in this article;

(2)

Within a garage or carport; or

(3)

In the side yard of the primary residential structure, as defined in this article, adjacent to an exterior wall.

All containers stored in areas other than those described in this subsection shall be screened from public view. Screening devices shall be affixed to the property or a permanent property structure. All screened containers shall be concealed entirely from public view.

(Code 1975, § 28-4; Ord. No. 2186, 9-14-92; Ord. No. 2282, § 1, 9-27-93; Ord. No. 2305, § 1, 1-24-94; Ord. No. 2879, § 1, 4-26-05)

(a)

All customers shall place all residential solid waste/recyclables for collection directly to the right or left of the driveway at the curbline located closest to the residence or alley, adjacent to the premises, or in alternate locations having been identified and approved by the director.

(b)

It shall be unlawful for any residential solid waste to be placed for collection at the prescribed location other than between the hours of 8:00 p.m. of the day prior to scheduled collection and 7:00 a.m. on the day of collection. Containers shall be removed no later than 8:00 p.m. of the day of collection and shall be stored in an area screened from public view.

(c)

A minimum separation distance of two feet shall be required between each container placed for collection, and a minimum side-to-side separation distance of seven feet from any parked or stationary object.

(d)

It shall be unlawful for any person to place a container for the purpose of solid waste or recyclable disposal on a sidewalk located within a public right-of-way.

(Code 1975, § 28-5; Ord. No. 2186, 9-14-92; Ord. No. 2879, § 1, 4-26-05)

(a)

Customers shall receive one solid waste collection of refuse per week. Recyclable materials shall be collected on a schedule as deemed appropriate by the director. Customers shall be charged the applicable rate for each additional solid waste and/or recyclable materials collection.

(b)

The director shall supervise all collection and disposal operations, and shall prescribe and establish the routes and specified days of collection thereof. When such routes and/or days of collection are established or changed, the director shall give reasonable notice thereof to the public.

(Code 1975, § 28-6; Ord. No. 2186, 9-14-92; Ord. No. 2784, § 2, 6-24-03; Ord. No. 2879, § 1, 4-26-05; Ord. No. 3054, § 1, 5-27-08; Ord. No. 3527, § 2, 5-28-19)

(a)

The city council shall, by ordinance, set such rates for solid waste/recycling services and disposal as are necessary to cover the cost of services rendered.

(b)

The monthly solid waste collection service fee shall include the cost for weekly collection of one refuse container and any special programs that may be in effect as approved by the Director. Such special programs may include but not be limited to fall leaf collection and household chemical round up during specified time periods only.

(c)

Any customer requesting a suspension of services, as stated in subsection 58-65(b), shall notify the city by contacting either a utility billing or environmental services representative within two business days prior to the effective date of such suspension. A request for suspension of services shall not be deemed as a termination of services, unless as otherwise stated in this article, and the following shall apply:

(1)

During such specified suspension of services, monthly solid waste/recycling collection fees shall not be assessed.

(2)

An administrative fee for the suspension of services shall be assessed, as set forth by ordinance.

(3)

It shall be the responsibility of the customer to notify the city no less than two business days prior to the effective date for resuming solid waste/recycling collection services.

(4)

Any solid waste/recycling containers assigned to the residential unit shall not be retrieved by the city unless such retrieval is warranted by violation of any provisions of this article.

(d)

The customer may request termination of solid waste/recycling collection services to be effective within two business days of notification to the city, by contacting either a utility billing or environmental services representative. A designated city employee shall retrieve any city-issued solid waste/recycling container within one business day of the requested termination date. Reinstatement of such services may be requested by the customer and may be subject to applicable administrative fees, set forth by ordinance, as deemed necessary by the director.

(e)

The director shall be responsible for advising the customer as to the refusal or termination of solid waste/recycling collection services, as set forth in Section 58-65. The city shall retrieve any city-issued solid waste/recycling container within one business day of the termination date as stated in the notice of termination.

(f)

It shall be unlawful to refuse, fail to surrender, accommodate and/or arrange for the authorized retrieval of any city-issued solid waste container and/or recycling container upon the termination of services.

(g)

The city may offer service options associated with solid waste/recycling collection to its customers. These service options may include but are not limited to alley collection versus street collection, or a preference in solid waste/recycling container size. Customers requesting a change in solid waste/recycling collection service options may do so by contacting a utility billing or environmental services representative. Changes in service options may be subject to the assessment of administrative fees, set forth by ordinance, as deemed necessary by the director.

(h)

Customers requesting special collection shall be assessed those charges in accordance with the established special collection rate structure set forth by ordinance.

(i)

The city council shall, by ordinance, set such rates for special collections costs.

(Code 1975, § 28-7; Ord. No. 2186, 9-14-92; Ord. No. 2784, § 3, 6-24-03; Ord. No. 2879, § 1, 4-26-05; Ord. No. 2976, § 3, 12-12-06; Ord. No. 3527, § 3, 5-28-19)

(a)

Solid waste/recycling containers, which incur damage through routine usage, shall be replaced and/or repaired by the city at no cost to the customer.

(b)

Solid waste/recycling container repair or replacement costs shall be assessed to the residential unit, if it is determined by the city that such replacements and/or repairs were necessitated by reasons including but not limited to abuse, misplacement, and/or neglect of containers.

(c)

Should a solid waste/recycling container require repair, as set forth in subsection (b) of this section, the city council shall, by ordinance, set such rates for repair of the containers.

(d)

Should a solid waste/recycling container require replacement as set forth in subsection (b) of this section, the city council shall, by ordinance, set such rates for replacement of the containers.

(e)

It shall be the responsibility of the customer to notify the city when repair and/or replacement of solid waste or recycling containers is necessary. The criteria for repair and/or replacement of such containers shall be determined by the director.

(Code 1975, § 28-8; Ord. No. 2186, 9-14-92; Ord. No. 2879, § 1, 4-26-05)

(a)

The city reserves the right to refuse solid waste/recycling collection of all materials or any portion thereof placed within the public right-of-way on scheduled collection days which fail to comply with the terms and provisions of this article. The solid waste supervisor shall label or tag those materials not collected as to the specific infraction, and collection of these materials shall be refused until the cause for such refusal has been rectified.

(b)

Any customer may request a suspension of solid waste/recycling collection services for a period of time no less than three months and not greater than six months. Failure upon the part of the customer to request reinstatement of services or any requests to extend such suspension of services beyond six consecutive months shall be deemed a termination of services, and all provisions in this chapter concerning termination of services shall apply.

(c)

In addition to the remedy, as stated in subsection (a) of this section, failure to comply with this article, the applicable rules and regulations set forth by the city, or any city ordinance establishing those fees associated with solid waste/recycling collection services may result in the termination of solid waste/recycling collection services to the customer. A written notice of termination shall be mailed or delivered to the last known address of the customer, as shown on city records. A notice shall also be mailed or delivered to the property to which collection services are provided, should the property address differ from that of the billing address. The notice shall include the following:

(1)

Notification that collection services shall be terminated on the date specified within the notice, which date shall be no sooner than five business days after the date of mailing or delivery of notice.

(2)

The reason for the termination of collection services.

(d)

The director may reinstate solid waste and/or recycling collection services at the director's sole discretion.

(e)

Any action taken by the city under this section shall not preclude action by the city under Section 58-58 or other provisions.

(Code 1975, § 28-9; Ord. No. 2186, 9-14-92; Ord. No. 2879, § 1, 4-26-05)

Any person found violating the terms or provisions of this article shall be punished as provided in Section 1-8(a).

(Code 1975, § 28-18; Ord. No. 240, 8-2-66; Ord. No. 2186, 9-14-92)

Editor's note— Ord. No. 2879, § 1, adopted April 26, 2005, repealed § 58-93, which pertained to trucks labeled and derived from Code 1975, § 28-15; Ord. No. 240, adopted Aug. 2, 1966; Ord. No. 2186, adopted Sept. 14, 1992.

Editor's note— Ord. No. 2879, § 1, adopted April 26, 2005, repealed § 58-93, which pertained to equipment standards and derived from Code 1975, § 28-16; Ord. No. 240, adopted Aug. 2, 1966; Ord. No. 2186, adopted Sept. 14, 1992.

Editor's note— Ord. No. 2879, § 1, adopted April 26, 2005, repealed § 58-94, which pertained to accounting to city clerk and derived from Code 1975, § 28-17; Ord. No. 240, adopted Aug. 2, 1966; Ord. No. 2186, adopted Sept. 14, 1992.