Chapter 8.04
REFUSE COLLECTION
Sections:
8.04.010 Authority and applicability.
8.04.020 Definitions.
8.04.030 Containers—Requirements.
8.04.040 Containers—Location.
8.04.050 Disposal requirements.
8.04.060 Collection and transportation requirements.
8.04.070 Collection intervals.
8.04.080 Specification—Collection vehicle bodies.
8.04.090 Provision of other services—Delinquent list.
8.04.095 Civil penalties.
8.04.096 Criminal penalties.
8.04.100 Fees.
8.04.110 Regulations.
8.04.010 Authority and applicability.
This chapter governs the storage, collection, transportation and disposal of refuse throughout the city; provided, that this chapter shall not apply to any areas under the jurisdiction of any other governmental unit that operates its own refuse collection and disposal system. (Ord. 98-10 § 1 (part), 1998.)
8.04.020 Definitions.
The following definitions apply throughout this chapter:
“Garbage” means all putrescible solid wastes, including vegetable matter, animal feces, and carcasses of small animals.
“Person” means any individual, firm, governmental unit, organization, partnership, corporation, company or other entity.
“Putrescible waste” means material that can decompose and cause obnoxious odors.
“Refuse” means any putrescible or nonputrescible solid waste, except human excreta.
“Rubbish” means nonputrescible solid wastes.
“Secured load” means a load of refuse which has been secured and covered in the vehicle in a manner that will prevent any part of the refuse from leaving the vehicle while the vehicle is moving. (Ord. 98-10 § 1 (part), 1998.)
8.04.030 Containers—Requirements.
A. No owner, occupant, tenant or lessee of any real property or improvement thereto shall permit any refuse to accumulate upon such property that is not stored in one of the following approved containers:
1. Plastic bags secured so that the contents cannot spill and placed into a container or enclosure where birds and/or animals cannot break open the plastic bags; or
2. Standard refuse containers of thirty-five gallons or greater capacity with a cover or top closure fitting tightly enough to prevent any spillage; or
3. Fifty-five-gallon drums with a covered top or closure fitted tightly enough to prevent any spillage.
B. A sufficient number of approved containers shall be maintained to hold at least two week’s accumulation of refuse. Each container shall be kept clean so that no obnoxious odor or other nuisance will exist.
C. Dumpsters shall be fully enclosed on the bottoms and sides and shall have no holes that would allow escapement of liquids. Dumpsters shall be cleaned at periodic intervals by the owner of the dumpster as necessary to prevent obnoxious odors or other nuisances.
D. Any vehicles or trailers used as collection sources for refuse shall have solid sides, be waterproof and have a top or covering which prevents birds and/or animals from accessing the refuse. If such vehicles or trailers are also used for transportation to the disposal site, each shall be covered with netting, canvas, fish balers or other types of covering sufficient to ensure that all refuse is retained within the vehicle or trailer. Vehicles or trailers used solely to transport rubbish shall be exempt from the requirement of having solid sides or being waterproof, but shall be covered to ensure that solid waste cannot escape from, or be blown or fall from, the vehicle during movement to the disposal site. (Ord. 98-10 § 1 (part), 1998; Ord. 01-11 § 2, 2001.)
8.04.040 Containers—Location.
No person shall place refuse containers on the right-of-way of any public street or alley; provided, that such containers may be placed on the untraveled edge of a public right-of-way at specified times and places when such location is necessary for expeditious collection of refuse. (Ord. 98-10 § 1 (part), 1998.)
8.04.050 Disposal requirements.
All persons shall dispose of refuse or arrange for the disposal of refuse within the city in one of the following manners:
A. Arrange for disposal by a refuse collection service, which service shall then dispose of collected refuse at the city-owned solid waste disposal facility or other areas designated by the city; or
B. Dispose of their own refuse themselves at the city-owned solid waste disposal facility or other areas designated by the city; or
C. In the case of a tenant of a residential property, provide in their rental agreement for that property that their landlord shall provide storage containers in compliance with Section 8.04.060(A) and comply with either subsection A or B of this section. (Ord. 98-10 § 1 (part), 1998.)
8.04.060 Collection and transportation requirements.
A. The owner of a residence shall ensure that all garbage from that property is collected and stored pending transportation in containers which are covered and leak-proof.
B. Vehicles or containers used for the collection and transportation of any refuse shall be secured or covered in the vehicle in a manner that will prevent any part of the solid waste from leaving the vehicle while the vehicle is moving. Where spillage does occur, the collector or transporter shall immediately pick up the material, return it to the vehicle or the container, and thoroughly clean the area.
C. Any person who arrives at the city-owned solid waste disposal facility with a vehicle or container holding garbage which is not covered or with an unsecured load, is in violation of this section. (Ord. 98-10 § 1 (part), 1998.)
8.04.070 Collection intervals.
Refuse shall be collected and disposed of at such frequent intervals as to prevent health or fire hazards or unsightly conditions, but not less than once every two weeks from each residence or non-restaurant business and not less than twice a week from restaurants or other establishments where conditions require more frequent collections. The city council may set or alter, by resolution, the minimum interval between collections by parcel of property or category of property use. (Ord. 98-10 § 1 (part), 1998.)
8.04.080 Specification—Collection vehicle bodies.
All commercial vehicles used in collecting and conveying refuse in the city shall be provided with watertight bodies which shall be kept thoroughly cleaned at all times. The body of such vehicles shall also be constructed so as to prevent the loss of any contents. (Ord. 98-10 § 1 (part), 1998.)
8.04.090 Provision of other services—Delinquent list.
A. No person shall be permitted to obtain municipal utility or port and harbor services from the city unless they demonstrate to the satisfaction of the city that they:
1. Have entered into a contract with a refuse collection service for the collection of refuse from all real property or improvements thereto of which they are the owner or occupant, and that the refuse collection is capable of disposing of refuse in strict accordance with the provisions of this chapter; or
2. Have in place adequate facilities to collect, store and transport refuse themselves from all real property or improvements of which they are the owner or occupant, in strict accordance with the provisions of this chapter; or
3. Have complied with Section 8.04.050(C).
B. Any person who has not demonstrated compliance with the provisions of this section by August 1, 1998, or who subsequently violates any provision of this chapter may be placed on the delinquent list. The city shall provide written notice to each person on the delinquent list of the city’s intent to terminate their eligibility for municipal utility and port and harbor services if the delinquency is not cured within thirty days of the date of the notice. Said notice shall also include the name and telephone number of the municipal employee to contact if the delinquency is contested, and notice of the availability of an informal hearing to resolve contested matters prior to the proposed date for termination of services.
C. If a person fails to either cure their violation or request an informal hearing in order to contest placement on the delinquent list within the time specified in the notice required by subsection B of this section, the city may proceed to terminate that person’s municipal utility and port and harbor services in accordance with the provision for termination of those services contained in this code or any applicable tariff.
D. If a person requests an informal hearing in order to contest placement on the delinquent list, municipal services shall not be terminated until after the informal hearing has been held, and then only in the event the violation remains uncured following the conclusion of the informal hearing. (Ord. 98-10 § 1 (part), 1998; Ord. 01-11 § 3, 2001.)
8.04.095 Civil penalties.
In addition to the provisions of Section 8.04.090, a civil penalty of one hundred dollars for the first offense and two hundred dollars for each additional offense within twelve months from the date of the first offense, plus any surcharge required to be imposed under AS 23.55.039, may be imposed upon a person violating this chapter. Each day that a violation persists shall constitute a separate offense. (Ord. 01-11 § 4, 2001.)
8.04.096 Criminal penalties.
A person who violates any provision of this chapter is guilty of a misdemeanor, and upon conviction shall be punished by a fine of not more than one thousand dollars, plus any surcharge required to be imposed under AS 23.55.039, or by imprisonment for not more than ninety days, or by both, together with the costs of prosecution. (Ord. 01-11 § 5, 2001.)
8.04.100 Fees.
The city council may by resolution establish or alter fees and billing methods for the use of the city owned solid waste disposal facility. (Ord. 98-10 § 1 (part), 1998.)
8.04.110 Regulations.
The city manager may promulgate regulations, application forms and review criteria as may be necessary or advisable for the operation of the city-owned solid waste disposal facility, inspection of refuse collection service contractors, approval of the adequacy of self-disposal capacity or as may be otherwise necessary or advisable to carry out the provisions of this chapter. (Ord. 98-10 § 1 (part), 1998.)