Chapter 8.04
GARBAGE COLLECTION
Sections:
8.04.010 Definitions.
8.04.020 Containers – Required – Specifications.
8.04.030 Disposing of garbage on public or private property prohibited.
8.04.040 Collection – Storage.
8.04.050 City right to regulate separation, deposit, disposal.
8.04.060 Burning materials – Placement in receptacle prohibited.
8.04.070 Disposal – Application of state standards – Additional standards.
8.04.080 Disposal – Contract – Bidding.
8.04.090 Contractor – Bond – Insurance requirement.
8.04.100 Contractor – Responsibility to maintain dump.
8.04.110 Contractor – Right to subcontract.
8.04.120 Use of collection service.
8.04.130 Penalty.
8.04.010 Definitions.
For the purpose of this chapter, the words and phrases designated in this section are defined as follows:
A. “Collector of garbage” and “collector,” means the person entering into contract with the City for removal of garbage as provided by this chapter.
B. “Director” means the Director of Public Works, or his designee.
C. “Garbage” includes refuse, rubbish, ashes, swill, and all other putrescible and nonputrescible wastes, except sewage, hazardous, toxic and petroleum wastes, from all public and private establishments and residences.
D. “Person” means every person, firm, partnership, association, institution and corporation. The term also means the occupant and/or the owner of the premises for which service mentioned in this chapter is rendered. (Ord. 2089 § 1, 1995; Ord. 1745 § 1, 1986).
8.04.020 Containers – Required – Specifications.
A. Every person in possession, charge or control of any dwelling or real property where garbage is created or accumulated shall have portable cans or approved metal dumpsters of a size, type and construction approved by the Director, and shall deposit or cause to be deposited said garbage therein.
B. All garbage cans and/or units shall be placed in a convenient and easily accessible location, at a distance from improved public or private streets or alleys as the collector shall designate, but shall not be so placed until a reasonable time prior to collection and shall be removed within a reasonable time thereafter. The collector shall have discretion, in the case of mobile home parks and trailer parks which accommodate transient trailers, to direct the location of cans and/or containers, either at 1 central location within such parks, or at each individual unit.
C. Garbage which is of a type not practicable to place in cans may be securely bundled or bagged so that none of the materials blows about and is not easily broken apart.
D. All walks, paths and driveways from the garbage can and/or metal dumpster storage areas to the place of loading shall have an unrestricted overhead clearance of not less than 10 feet. (Ord. 1745 § 1, 1986).
8.04.030 Disposing of garbage on public or private property prohibited.
It is unlawful for any person to dump or in any manner dispose of garbage upon any street, alley, public place or private property within the City. (Ord. 1745 § 1, 1986).
8.04.040 Collection – Storage.
All garbage shall be removed at least once weekly from all occupied premises in the residential sections and from all other occupied premises as required by this chapter. Storage of such garbage prior to removal shall comply with this chapter. This section shall not apply to items intended for recycling. All items held for recycling shall be stored in enclosed areas or containers. (Ord. 1745 § 1, 1986).
8.04.050 City right to regulate separation, deposit, disposal.
The City reserves the right to and may require the separation of paper or swill, or other component parts of garbage, and may require the deposit thereof in separate cans or receptacles and may prescribe the method of disposal thereof. (Ord. 1745 § 1, 1986).
8.04.060 Burning materials – Placement in receptacle prohibited.
It is unlawful for any person to deposit in any garbage receptacle any burning materials, or materials sufficiently hot to create combustion when the same come in contact with other garbage. (Ord. 1745 § 1, 1986).
8.04.070 Disposal – Application of state standards – Additional standards.
All disposal of garbage shall be by method or methods specifically approved by the County Department of Health; provided, that the method or methods shall include the maximum practicable rodent, insect or nuisance control at the place of disposal; and provided, further, that the animal offal and carcasses of dead animals shall be buried or cremated as directed by the County Health Department, which shall be contacted to arrange for the removal and disposal of dead animals. (Ord. 1745 § 1, 1986).
8.04.080 Disposal – Contract – Bidding.
In the event the City elects to contract for garbage disposal, the City Council may authorize the Director to advertise for bids for a contract or may authorize negotiations for a contract covering the right to collect, remove and dispose of garbage according to the terms of this chapter, and rules and regulations promulgated pursuant to this chapter. (Ord. 1745 § 1, 1986).
8.04.090 Contractor – Bond – Insurance requirement.
The contractor shall furnish a surety bond in a form and amount satisfactory to the City for each year of the term of the contract, conditioned upon the faithful performance of his contract. He shall likewise provide and maintain in full force and effect during the entire term of this contract or any renewal thereof a policy of contractor’s public liability insurance, in a form acceptable to the City, naming the City as an additional insured, providing for limits of not less than $1,000,000 for all damages. Certificates of insurance acceptable to the City shall be filed with the City prior to the commencement of the work under the contract. The certificate shall contain a provision that coverages afforded under the policies shall be primary as to any other insurance available to the City and will not be canceled until at least 30 days’ prior written notice has been given to the City. (Ord. 1745 § 1, 1986).
8.04.100 Contractor – Responsibility to maintain dump.
The contractor shall be required to furnish an appropriate approved disposal site and maintain it in a sanitary manner immediately upon award of a contract as provided in this chapter, or provide evidence of authorization to use an appropriate approved disposal site and/or transfer site. (Ord. 1745 § 1, 1986).
8.04.110 Contractor – Right to subcontract.
The contractor may perform portions of his contract by and through subcontractors, if approved by the Director. Performance of his obligations under a garbage collection contract by a subcontractor of the contractor shall not in any way relieve or diminish such contractor’s responsibility to the City for the performance of such contract. In addition thereto, any and all insurance procured by the contractor shall have an endorsement covering any and all subcontractors or anyone directly or indirectly employed by either of them, or by anyone for whose acts any of them may be liable, and the endorsement shall also provide for the naming of the City as an additional named insured, and proof of such insurance shall be directed to the City as set forth in IMC 8.04.090. (Ord. 1745 § 1, 1986).
8.04.120 Use of collection service.
After the effective date of the ordinance codified in this chapter, all persons residing in the City shall be entitled to utilize the services of a garbage collector, under contract with the City or services of the City in the event it elects to be the collector, using such schedule and routes as shall be determined and approved by the City. (Ord. 1745 § 1, 1986).
8.04.130 Penalty.
Any person violating any provision of this chapter shall be guilty of a misdemeanor and upon conviction punished as set forth in Chapter 1.06 IMC. (Ord. 1745 § 1, 1986).