Chapter 8.04
SANITATION GENERALLY

Sections:

8.04.010  Definitions.

8.04.020  Administration and enforcement.

8.04.030  Solid waste accumulation on premises unlawful.

8.04.040  Container requirements—Responsibility of customers.

8.04.045  Location and placement of garbage containers.

8.04.050  Containers—New construction requirements—Screening.

8.04.060  Unauthorized collection unlawful.

8.04.070  Disposal at authorized collection site.

8.04.080  Collection—Frequency—Procedure.

8.04.090  Collection—Rates.

8.04.095  Solid waste collection and disposal—Private contractor.

8.04.100  Effective date of rates.

8.04.110  Violation—Penalty.

8.04.010 Definitions.

A. “Dead animals” means and includes all dead animals or parts thereof exceeding ten pounds in weight, including condemned meats not intended to be used as food.

B. “Garbage” means solid or semisolid waste subject to decay or putrefaction or in which flies or vermin can breed and live. The term also includes dead animals of a weight not to exceed ten pounds.

C. “Refuse” means and includes solid waste, garbage, including but not limited to paper, clothing, grass, leaves, weed sweepings, ashes, wood sweepings, plaster, brick, cement, glass crockery, natural soil, shells, metals and metal products, tree trimmings, vines, tin cans, plastic and other synthetic or manmade materials.

D. “Solid waste” means and includes garbage, refuse, dead animals or any part or combination thereof. (Prior code § 9.12.020)

8.04.020 Administration and enforcement.

It shall be the responsibility of the sanitation division of the public works department and such other departments, divisions or entities to supervise and carry out the provisions of this chapter within the city as may be required by contract between the city and any solid waste disposal company with which the city may contract. (Ord. 3117 § 1, 1989; Ord. 3049 § 1, 1986; prior code § 9.12.010)

8.04.030 Solid waste accumulation on premises unlawful.

It is unlawful for any person to allow solid waste to collect upon premises owned or occupied by them, or over which they exercise control, or upon any street, alley or other public place adjacent to such premises. This section shall not apply to any licensed solid waste disposal site, but shall apply to such licensed solid waste disposal site as it applies to streets, alleys or other public places adjacent to such premises. (Ord. 3117 § 2, 1989; prior code § 9.12.030)

8.04.040 Container requirements—Responsibility of customers.

A. All garbage shall be kept in approved clean water-tight containers which have been provided by the city or provided by solid waste disposal contractors with whom the city has a contract which are suitable for handling by garbage pickup equipment. Approved roll-off containers may be used in commercial areas with large volume of solid waste as determined by the sanitation division of the public works department.

B. It shall be the customer's responsibility to take such steps as are necessary to ensure to the greatest extent possible that containers are securely covered at all times when not in use. (Ord. 3117 § 3, 1989; Ord. 3049 § 2, 1986; prior code § 9.12.040)

8.04.045 Location and placement of garbage containers.

A. Multi-consumer garbage container service may at the city's discretion be provided to residential and commercial customers. Placement and location of each garbage container on pickup days shall be at the discretion of the sanitation division of the public works department, in consultation with the customer.

B. Each residential consumer will be provided by the city, or by the solid waste disposal contractor who has a contract with the city, with individual roll-out containers for curbside pickup service. Customers shall keep said containers on their premises and shall be responsible for placement at curbside on days scheduled for regular or special emptying.

C. Additional individual roll-out garbage containers may be issued at an additional charge. Garbage containers may be added or removed as needs change, in consultation with the customer, but at the discretion of the sanitation division of the public works department, or the solid waste disposal contractor with whom the city has a contract. Provided, however, the frequency of collection of compactors shall be determined by the sanitation division of the public works department in consultation with the customer. (Ord. 3117 § 4, 1989)

8.04.050 Containers—New construction requirements—Screening.

All new commercial construction within the city which shall be required to use garbage receptacles shall provide permanent screening around the area where the receptacle(s) are anticipated to be placed so as to screen the area from public view or the view of adjacent property owners. Authorization to proceed shall be approved by the building inspector upon submission of a plan. No charge shall be made in connection therewith. Such screening shall thereafter be maintained in a sightly manner. The building inspector shall be authorized to exempt a person from this requirement where a determination is made that screening is not feasible. (Ord. 3117 § 6, 1989; Ord. 3049 § 8, 1986; Ord. 2757 § 12, 1979)

8.04.060 Unauthorized collection unlawful.

It shall be unlawful for any person, firm, company or business except the sanitation division of the public works department of the city, or the contractor with whom the city has a solid waste disposal contract, or such other contractor as may be authorized by the city, to commercially remove, collect or transport solid waste or any other offensive or noxious substance collected within the corporate limits of the city over and upon the public streets of the city. Notwithstanding the definitions contained in Section 8.04.010, said restriction shall not apply to recyclable material solicited by nonprofit organizations or recyclable material which the generator elects to dispose of independent of the city's disposal service, in accordance with Chapter 431, Laws of 1989. (Ord. 3117 § 5, 1989; Ord. 3049 § 3, 1986; prior code § 9.12.050)

8.04.070 Disposal at authorized collection site.

All solid waste including but not limited to that defined in Section 8.04.010 of this chapter shall be disposed of at a licensed solid waste disposal site. (Prior code § 9.12.060)

8.04.080 Collection—Frequency—Procedure.

A. The sanitation division of the public works department of the city or the contractor with whom the city has a solid waste contract shall collect solid waste from each occupied dwelling house at least once each week, from each restaurant, eating house, meat market or grocery store as needed pursuant to arrangements made with the sanitation division. A dwelling or operating business shall be deemed occupied unless the customer discontinues water service to the dwelling served. From all other places of business collection shall be as often as found necessary, but not less than once each week, except drop boxes and compactors of twenty yards capacity or larger may have their solid waste collected as needed pursuant to arrangements made with the sanitation division, as provided in Section 8.04.045(C), and the amount to be paid therefor shall be computed in accordance with the number of collections.

B. The sanitation division of the public works department shall have the authority to establish rules and regulations regarding the time of collection, the location of receptacles and other matters not inconsistent herewith. (Ord. 3117 § 7, 1989; Ord. 3049 § 4, 1986; prior code § 9.12.070)

8.04.090 Collection—Rates.

A. All occupied dwellings and operating places of business in the city shall pay for solid waste collection, whether or not the service is utilized.

B. The city council shall determine the rates for garbage collection service and other related services at all places of residence and business by ordinance. The amount of such rates shall be sufficient to pay the cost thereof incurred by the city, which rates shall include the cost of administration, collection, recycling as required by city, state, county or federal laws and disposal.

C. Any person may secure a special pickup by calling the office of the sanitation division of the public works department or the office of the city's contractor for solid waste disposal, and requesting such pickup and paying a fee as determined by the sanitation division of the public works department, or by such contractor but, in no event, less than five dollars minimum.

D. It shall be mandatory that any occupied dwelling within the city receive garbage collection service.

E. Combined business/residential customers shall pay the appropriate commercial rate and shall be exempt from the residential rate. (Ord. 3253 § 1, 1994; Ord. 3117 § 8, 1989; Ord. 3049 §§ 5, 6, 1986; prior code § 9.12.080)

8.04.095 Solid waste collection and disposal—Private contractor.

The city council may enter into contracts with private contractors for the collection, recycling and/or disposal of solid waste from all residents and businesses within the city with private contractors subject to such terms and conditions as shall be deemed by the city council to be in the best interest of the city. In the event of such contract, all duties and responsibilities theretofore performed by the city shall be performed, to the extent of any contracts with a private contractor, by such contractors. In the event of such contracts, the city shall establish the rates to be charged for such collection, recycling and/or disposal services, and shall collect the same and shall have all rights of enforcement of collection as provided by the laws of the state and the ordinances of the city. (Ord. 3117 § 9, 1989)

8.04.100 Effective date of rates.

The rates and fees fixed by resolution of the city council shall become effective for each customer on such date specified in such resolution. (Ord. 3117 § 10, 1989; prior code § 9.12.010)

8.04.110 Violation—Penalty.

Violation of any of the provisions of this chapter shall constitute a civil infraction and upon appropriate finding the violator shall be assessed a civil penalty as established by the court, not to exceed five hundred dollars. Each day of violation shall constitute a separate and distinct infraction. (Ord. 3117 § 11, 1989; prior code § 9.12.100)