CHAPTER 6.08
REFUSE AND RECYCLABLE COLLECTION

Section

6.08.010    Definitions

6.08.020    Collection under City contract only

6.08.030    Exception to contract requirement

6.08.040    Precollection practices - preparation

6.08.050    Precollection practices - containers

6.08.060    Precollection practices - storage

6.08.070    Precollection practices - points of collection

6.08.080    Precollection practices - container visibility restricted

6.08.081    Compliance

6.08.082    Violations

6.08.090    Special refuse problems - contagious disease refuse

6.08.100    Special refuse problems - inflammable or explosive refuse

6.08.110    Manure - accumulation - storage - treatment

6.08.120    Manure - removal

6.08.130    Yard waste - mixture with refuse prohibited

6.08.140    Collection by unauthorized person(s) - violation and penalty

6.08.010 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ASHES. The residue from the burning of wood or other combustible materials.

CURBSIDE RECYCLING. Collection and removal of all recyclable materials which are placed in approved recycling containers and placed for collection at the curbside on public streets, or at the other residential sites where refuse is normally collected from residents of the City.

GARBAGE. Putrescible animal and vegetable wastes resulting from the handling, preparation, or consumption of food.

RECYCLABLE MATERIALS. Newspaper, glass, metal cans (aluminum and tin), PET and other plastics.

REFUSE. All solid wastes, putrescible and nonputrescible (except human body waste) including garbage, rubbish, ashes, street cleaning, dead animals, market and industrial wastes.

RUBBISH. Nonputrescible solid wastes (except ashes), both combustible and noncombustible, including paper, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery, building demolition byproducts and similar matter.

YARD WASTES. Include leaves, lawn clippings, weeds, shrubs, brush, and tree trimmings smaller than 4 inches in diameter.

(Ord. 435, § 1, passed -- 1973; Am. Ord. 724, § 2, passed -- 1991; Am. Ord. 796, § 1, passed -- 1997)

6.08.020 COLLECTION UNDER CITY CONTRACT ONLY.

No person shall engage in the business of curbside recycling or refuse collection in the City except under contract with the City. The City may contract with one or more persons for the collection of recyclable materials or the collection of refuse, and may contract to provide for exclusive or nonexclusive collection by the contractor, either throughout the City or in specific areas of the City, and may by contract regulate all aspects of refuse collection including, but not limited to, collection practices, routes, equipment, place and manner of disposal, bonds, rates charged and payments to the City. Nothing in this chapter shall prohibit the City from engaging in refuse collection.

(Ord. 435, § 2, passed -- 1973; Am. Ord. 724, § 3, passed -- 1991)

6.08.030 EXCEPTION TO CONTRACT REQUIREMENT.

The requirement of contractual authorization shall not apply to a person who hauls recyclable materials or refuse originating solely from his or her own residential or business activities, nor to a person who does not engage in periodic or scheduled recyclable materials or refuse collection in the City and who either (1) contracts to purchase specific recyclable materials or (2) contracts for landscape maintenance service or a construction or demolition project and shows removal of waste is incidental to the service being performed and who removes materials at no additional or separate fee using contractor’s own equipment and labor.

(Ord. 435, § 3, passed -- 1973; Am. Ord. 724, § 4, passed -- 1991; Am. Ord. 908, § 4, passed 12-9-2013)

6.08.040 PRECOLLECTION PRACTICES - PREPARATION.

A.    Garbage. All garbage before being placed in containers for collection shall have drained from it all free liquids.

B.    Rubbish. All rubbish shall be drained of liquid before being deposited for collection.

C.    Tree trimmings. Tree trimmings, hedge clippings, and similar material not placed within a refuse container shall be cut to a length not to exceed 4 feet and securely tied in bundles not more than 2 feet thick before being deposited for collection.

(Ord. 435, § 4(A), passed -- 1973)

6.08.050 PRECOLLECTION PRACTICES - CONTAINERS.

A.    Refuse containers shall be provided by the owner, tenant, lessee, or occupant of the premises. Refuse containers shall be maintained in good condition. No container filled for collection shall weigh over 80 pounds. Any container that does not conform to the provisions of §§ 6.08.040 through 6.08.080 or that may have ragged or sharp edges or any other defect liable to hamper or injure the person collecting the contents thereof shall be promptly replaced upon notice.

B.    Refuse containers used for garbage shall be made of metal, plastic, or similarly rigid, nonabsorbent material, equipped with suitable handles and tight-fitting covers, and shall be watertight and shall be kept in a clean, neat, and sanitary condition at all times.

C.    Rubbish containers shall be of a kind suitable for collection purposes, and shall be of the size, weight, and design that they can be handled by one (1) person. The container shall not weigh over 80 pounds when filled for collection.

D.    In the Central Business District zoning district, all combustible rubbish, oily rags, and/or waste material, when kept within a building or adjacent to a building, shall be stored only as follows:

1.    In metal or metal-lined receptacles equipped with tight-fitting metal covers;

2.    In rooms or vaults constructed of noncombustible materials;

3.    In rooms or vaults protected by an approved automatic sprinkler system; or

4.    The storage not to exceed 6 feet in height when within 10 feet of any property line or public right-of-way.

E.    In the Central Business District zoning district, all commercial garbage dumpsters and containers with an individual capacity of 1.5 cubic yards or greater shall be stored or placed only as follows:

1.    Storage or placement shall be a minimum of 5 feet from any combustible wall, opening, or combustible eaves line; or

2.    In rooms or vaults protected by an approved automatic sprinkler system.

(Ord. 435, § 4(B), passed -- 1973; Am. Ord. 657, (part), passed -- 1985)

6.08.060 PRECOLLECTION PRACTICES - STORAGE.

A.    No person shall place any refuse in any street, alley, or other public place, or upon any private property whether owned by the person or not, within the City except in proper containers for collection. Ashes and all powdered or lightweight material of a type likely to be blown about shall be covered sufficiently to prevent it from scattering. Garbage and all odorous material shall be tightly covered.

B.    Any accumulation of refuse on any premises except in the manner provided for in this chapter and for a period longer than necessary to permit collection by a person authorized by City contract, or the City, to collect the rubbish, is a nuisance and is prohibited. Failure to remove any existing accumulation of refuse within thirty days after the effective date of the ordinance codified in this chapter is a violation of §§ 6.08.040 through 6.08.080.

C.    No person shall cast, place, sweep, or deposit anywhere within the City any refuse in such a manner that it will probably be carried or deposited by the elements upon any street, or other public place, or into any adjacent premises.

D.    The following regulations shall apply to the storage of empty packing cases, boxes, barrels, rubber (including tires), cork, and similar combustible material.

1.    The maximum amount of storage allowed upon any parcel shall be 1,000 cubic feet gross, or 37 cubic yards gross.

2.    Storage in buildings shall be orderly, shall be more than 2 feet from the ceiling, and shall be so located as not to impair exit from the building.

3.    Storage in the open shall not exceed 20 feet in height, shall be so located as not to constitute a hazard to adjacent buildings or property, and shall be compact and orderly. The storage is prohibited within 3 feet of any property line or public right-of-way, except for enclosed areas approved by TAC, and shall not exceed 6 feet in height when within 10 feet of the property line or public right-of-way except for enclosed area approved by the Technical Advisory Committee.

(Ord. 435, § 4(C), passed -- 1973; Am. Ord. 657, (part), passed -- 1985)

6.08.070 PRECOLLECTION PRACTICES - POINTS OF COLLECTION.

Refuse containers shall be placed for collection at ground level on the property or immediately adjacent thereto and not within the traveled portion of a street or alley, and not obstructing a sidewalk. All refuse must be within 20 feet of the street right-of-way and easily accessible.

(Ord. 435, § 4(D), passed -- 1973)

6.08.080 PRECOLLECTION PRACTICES - CONTAINER VISIBILITY RESTRICTED.

When there is a regularly scheduled refuse hauling service, no refuse container shall be placed off of private property or in such a manner as to be visible from any street upon which the property fronts, except after 9:00 p.m. the day before pickup and before 8:00 p.m. the day of pickup.

(Ord. 435, § 4(F), passed -- 1973)

6.08.081 COMPLIANCE.

All affected properties shall be in full compliance with the provisions of §§ 6.08.010 through 6.08.080 within 60 days of the effective date of the ordinance codified in this chapter. Extensions of time may be granted by the Fire Chief for periods up to an additional 90 days for good cause shown. (Ord. 657, (part), passed -- 1985)

6.08.082 VIOLATIONS.

Any person violating any of the provisions of this chapter is guilty of a misdemeanor, and upon conviction thereof is punishable as provided in Chapter 1.12.

(Ord. 874, § 12, passed 8-25-2008)

6.08.090 SPECIAL REFUSE PROBLEMS - CONTAGIOUS DISEASE REFUSE.

The removal of wearing, bedding or other refuse from places where highly infectious or contagious disease has existed shall be performed under the supervision and direction of the health officer. The refuse shall not be placed in containers for regular collections.

(Ord. 435, § 5(A), passed -- 1973)

6.08.100 SPECIAL REFUSE PROBLEMS - INFLAMMABLE OR EXPLOSIVE REFUSE.

Highly inflammable or explosive materials shall not be placed in containers for regular collection but shall be disposed of as directed by the director at the expense of the owner or possessor thereof.

(Ord. 435, § 5(B), passed -- 1973)

6.08.110 MANURE - ACCUMULATION - STORAGE - TREATMENT.

No person shall permit or allow any manure to accumulate, be, or remain in or about any stable, barn, shed, or corral for a longer period than 24 hours, except the same shall be kept in a tight box or receptacle with a close-fitting top or cover, so that flies or insects cannot get into or have access to the receptacle, provided that, in the foregoing requirements, that the manure be placed in a tight box or receptacle shall not apply, where immediately thereafter, the manure shall be treated to an application of borax (.62 pound to every 10 cubic feet) or an equally efficacious chemical, and thereupon drenched with 2 or 3 gallons of water for each 10 cubic feet thereof; provided, however, that the provisions of this section shall not apply to any person where the accumulation of the manure is not within 100 feet of any building.

(Ord. 435, § 6, passed -- 1973)

6.08.120 MANURE - REMOVAL.

A.    All manure so kept in any such pile, box, or receptacle described in § 6.08.110 shall be removed and disposed of at least once a week unless otherwise ordered to remove the same more often by the City health officer.

B.    Any manure so removed must not be stored or gathered but must be used within two (2) days thereafter.

(Ord. 435, § 7, passed -- 1973)

6.08.130 YARD WASTE - MIXTURE WITH REFUSE PROHIBITED.

A.    No person shall place yard wastes into a container mixed with other solid wastes intended for disposal at a landfill.

B.    No person shall deliver yard waste mixed with other solid wastes to a disposal site or transfer station.

C.    Any person violating subsection A. above shall receive a written warning for the first violation. For each subsequent violation, violators will be assessed an administrative fee in an amount equal to the regular monthly rate for garbage collection for the violator. The administrative fee will be affixed to the bill for garbage collection service by the City’s authorized refuse collection agent.

D.    Any person delivering to a disposal site or transfer station a load of refuse which contains yard wastes mixed with other solid wastes shall be charged a dump fee rate equal to twice the normal dump fee rate. The surcharge may be waived by the City Manager for commercial haulers after the City Manager makes a finding that the commercial hauler is diligently enforcing the yard wastes warning and assessment provisions on their customers.

(Ord. 796, § 2, passed -- 1997)

6.08.140 COLLECTION BY UNAUTHORIZED PERSON(S) - VIOLATION AND PENALTY.

A.    From time of placement of recyclables at the curb or in recycling shelters for collection, items shall become the property of the City or its authorized agent. It shall be a violation of this ordinance for any person unauthorized by the City to collect or pick up or cause to be collected or picked up any such items. Any and each such collection in violation hereof from one (1) or more locations shall constitute a separate and distinct offense punishable hereinafter provided.

B.    Any person who violates this provision is guilty of a misdemeanor, and upon conviction thereof is punishable as provided in Chapter 1.12.

C.    Any person may donate or sell recyclables to any other person whether operating for profit or not for profit.

(Ord. 724, § 5, passed -- 1991)