Chapter 8.20
LITTER CONTROL
Sections:
8.20.030 Scattering of refuse and littering prohibited.
8.20.040 Collection and disposal.
8.20.050 Junk vehicles and junk or salvage material.
8.20.060 Responsibility of owners and agents.
8.20.070 Enforcement and administration.
8.20.090 Violations and penalty.
8.20.010 Purpose.
The purpose of this chapter is to regulate the collection and disposal of waste, litter, garbage, junk vehicles and junk or salvage material, and to protect the health, safety, and rights of the residents of Black Hawk County from neglected properties allowing waste, litter, garbage, and/or junk to be placed, discarded, or abandoned and from individuals who would cause or allow such on public or private property. This chapter is to be cited and known as the “litter control ordinance.” [Ord. 88, 2004. Code 2009 § 3-2-1.]
8.20.020 Definitions.
For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include singular number, and words in the singular number include the plural number. The word “shall” is always mandatory and not merely directory.
The following definitions shall apply in the interpretation and the enforcement of this chapter:
“Building materials” means any material such as lumber, brick, plaster, sheet metal, or other substances accumulated as a result of repairs or additions to existing buildings, construction of new buildings, or demolition of existing structures.
“Bulk container” means a metal container, made of watertight construction with doors opening on two sides and top, and constructed so that it can be emptied mechanically by a specially equipped truck. Containers shall be kept covered at all times. Upon the effective date of the ordinance codified in this chapter, all new bulk containers shall meet these specifications.
“Business establishment” means any retail, manufacturing, wholesale, institutional, religious, governmental, or other nonresidential establishment at which garbage or trash may be generated.
“Business trash” means any waste accumulation of dust, paper, cardboard, packing materials, rags or other accumulations, other than garbage or household trash, which is usually attendant to the operation of any business establishment.
“Commercial collector of refuse” means a person who hauls refuse for compensation.
“County” means the County of Black Hawk.
“Detachable container” means a unit which is used for collecting, storing, and transporting building materials, business trash, industrial waste, hazardous refuse, refuse, or yard trash. Each unit shall be made of watertight construction. The unit may or may not use an auxiliary stationary packing mechanism for compaction of materials into the container and may be of the open or enclosed variety. The distinguishing feature of the detachable container is that it is picked up by a specially equipped truck and becomes an integral part of the truck for transporting the waste materials to the disposal site.
“Enforcement authority” means the Black Hawk County Health Department, the Code Enforcement Officers, or authorized designee.
“Garbage” means the byproduct of animal or vegetable foodstuffs resulting from the handling, preparation, cooking or consumption of food, or other matter which is subject to decomposition, decay, putrefaction or the generation of noxious or offensive gases or odors, or which during or after decay may serve as breeding or feeding material for flies, insects or animals.
“Hazardous refuse” means materials such as poison, acids, caustics, chemicals, infected materials, offal, fecal matter, and explosives.
“Household trash” means every waste accumulation of paper, sweepings, dust, rags, bottles, cans or other matter of any kind, other than garbage, white goods (i.e., refrigerators, stoves, water heater and similar type appliances and fixtures) and furniture, which is usually attendant to housekeeping.
“Industrial waste” means all waste, including solids, semisolids, sludges, and liquids, created by factories, processing plants or other manufacturing enterprises.
“Litter” means trash, refuse, waste materials or any other improperly discarded, used or unconsumed substance, including, but not limited to, tin cans, paper products, ashes, rags, etc.
“Loading and unloading area” means any land dock or space or area used by any moving vehicle for the purpose of receiving for shipment or transportation goods, wires and commodities.
“Person” means a natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business, trust, organization, or the manager, lessee, agent, servant, officer or employee of any of them.
“Portable packing unit” means a metal container not exceeding 4,500 pounds gross weight with a four to six cubic yard capacity that contains a packing mechanism and an internal or external power unit.
“Refuse” means solid waste accumulations consisting of garbage, household trash, yard trash, and business trash as herein defined.
“Refuse receptacle” and “yard trash container” mean a metal, plastic or two-ply craft paper bag container, of substantial construction sufficient for safe and convenient handling. Two-ply craft paper bags shall meet the standards set for refuse sacks by the Technical Association of Pulp and Paper Industry. Polyethylene plastic bags must meet the standards set for trash bags by the Society of Plastics Engineers. Such containers shall be in good and serviceable condition and of such size, shape and weight that, when full, they are capable of being safely handled by one man. Paper or plastic bags shall be closed by a tight sealing method of suitable type, such as drawstring, wire tie, or multiple folds. Containers shall be kept covered or closed at all times.
Such receptacles shall have a capacity of not less than 10 gallons nor more than 30 gallons. Every refuse receptacle when loaded and placed for collection shall be limited in weight to 65 pounds.
“Tree and shrubbery trimmings” means waste accumulation of tree branches, tree limbs, parts of trees, bushes, shrubbery, cuttings or clippings, or other yard trash usually created in connection with trees or bushes.
“Yard trash” means waste accumulation of lawn, grass or shrubbery cuttings or clippings and dry leaf rakings, free of dirt, rocks, large branches, and bulky or noncombustible material. [Ord. 126, 2014; Ord. 88, 2004. Code 2009 § 3-2-2.]
8.20.030 Scattering of refuse and littering prohibited.
A. It shall be unlawful for any person, individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, or any other legal entity to:
1. Scatter refuse about or litter any public or private street, road, or highway, area, or place;
2. Cast, throw, place, sweep or deposit anywhere within the County any refuse or trash in such a manner that it may be carried or deposited by the elements upon any street, road, sidewalk, alley, sewer, parkway or other public place or into any occupied or unoccupied premises or area within the County, except those permitted by law; or
3. Throw or deposit any refuse, trash or debris in any stream or body of water.
B. No person shall haul, transport or otherwise convey any refuse, hazardous refuse, industrial waste or tree and shrubbery trimmings within this County unless the same are contained in covered receptacles or are otherwise secured either to or within the vehicle so that said refuse, hazardous refuse, industrial waste or tree and shrubbery trimmings do not fall off or blow off or out of the vehicle hauling the same. In the event any of said refuse, hazardous refuse, industrial waste or tree and shrubbery trimmings fall off or blow off or out of the vehicle, the person hauling the same shall clean up all of the waste material. [Ord. 88, 2004. Code 2009 § 3-2-3.]
8.20.040 Collection and disposal.
All commercial collectors of refuse who desire to haul over the roads of the County shall use a watertight vehicle provided with a tight cover and so operated as to prevent offensive odors escaping therefrom and refuse from being dropped, blown or spilled. [Ord. 88, 2004. Code 2009 § 3-2-4.]
8.20.050 Junk vehicles and junk or salvage material.
A. Definitions.
1. “Code Enforcement Officer” means the duly authorized person charged with enforcing the provisions of this section, as designated by the Building Official.
2. “Enclosed building” means any structure or portion thereof built for the enclosure of property containing a roof and having solid exterior walls of the structure or portion thereof constructed in such a manner as to obscure from any street or adjacent property the contents thereof.
3. “Junk” shall include any junk vehicles and junk or salvage material.
4. “Junk vehicle” means any unlicensed vehicle that is not stored within an enclosed building, and/or which has any of the following characteristics:
a. Any vehicle which has become the habitat of rats, mice, snakes or any other vermin or insects.
b. Any motor vehicle if it lacks an engine or one or more wheels or tires or other structural parts, which render said motor vehicle totally inoperable or unable to move under its own power.
c. Any vehicle which, because of its defective or obsolete condition, in any other way constitutes a threat to the public health or safety.
5. “Junk or salvage material” means scrap copper, brass, rope, rags, batteries, paper trash, tires and rubber debris, waste, iron, steel or other scrap ferrous or nonferrous materials, appliances, furniture, equipment, building demolition materials, structural steel materials, or similar materials, including parts of motor vehicles.
6. “Unlicensed vehicle” means any vehicle which is required to be licensed to be operated on a public street or highway, but which is not displaying a valid and current license, regardless of whether or not the vehicle is being operated on a public street or highway and regardless of whether or not the vehicle is registered as “in storage.”
7. “Vehicle” means any device in, upon or by which a person or property is or may be transported or drawn upon a highway or street, excepting devices moved by human power or used exclusively upon stationary rails or tracks, and shall include, without limitation, a motor vehicle, automobile, truck, trailer, motorcycle or any combination thereof.
B. Nuisance Declared. Except as hereinafter provided, it is hereby declared that the unlawful storage of junk upon either public or private property within the unincorporated areas of Black Hawk County constitutes a threat to the health and safety of the citizens and is a nuisance. If any junk vehicle is unlawfully stored upon private property in violation hereof, the owner of said vehicle and the owner of the property shall be liable for said violation. This shall include junk stored within licensed vehicles or trailers for periods longer than 20 days.
C. Abatement. If the owner of the junk or the owner of the property upon which the junk is located fails to remove or repair in accordance with the terms of the provisions of this section, the Code Enforcement Officer may abate such nuisance by causing the junk to be removed and impounded and sold or disposed of as specified herein, and the cost of abatement shall be charged to the owner of the junk and/or the owner of the property.
D. Redemption of Impounded Vehicle – Fees. Within 60 days after the impoundment of any junk vehicle under this section, the owner thereof may appear and claim the same on payment of an impoundment fee, and towing and storage charges. Upon payment of said fees and proof of ownership, said vehicle shall be released. If at the end of 60 days, no owner claims the junk vehicle, the owner of the junk vehicle shall no longer have any right, title, claim or interest in or to the junk vehicle. During said period of impoundment, the impoundment facility upon which the junk vehicle is being stored shall be responsible for the vehicle.
E. Duty of Owner to Remove or Repair. The owner of a junk vehicle or property owner who violates the provisions of this section shall, within 20 days after receipt of the notice of violation, remove the junk to one of the areas provided in subsection F of this section, or repair the defects which caused such item to violate the provisions of this section.
F. Exceptions. The terms and provisions of this section shall not apply to:
1. Any person or any agent thereof that is duly licensed by the County as a salvage yard operator in full compliance with all of the ordinances of the County, and the laws of the state.
2. Any junk that is stored within an enclosed building as defined in this section.
G. Prima Facie Presumption. In any proceeding charging a violation of this section, proof that the particular item described in the information was in violation of this section, together with proof that the defendant named in the information was the registered owner of the vehicle (or vehicles) or the owner of the property on which said junk was unlawfully stored at the time of the alleged violation, shall constitute prima facie presumption that the registered vehicle owner and/or the property owner was the person violating this section or allowing the violation to occur. [Ord. 88, 2004. Code 2009 § 3-2-5.]
8.20.060 Responsibility of owners and agents.
Owners and agents hauling litter over the streets, roads and highways of Black Hawk County, Iowa, and the owners, agents, tenants or lessees of all residential units and commercial establishments, and the owners, agents, tenants or lessees of all real property in Black Hawk County shall be responsible for compliance with this chapter. [Ord. 88, 2004. Code 2009 § 3-2-6.]
8.20.070 Enforcement and administration.
A. Enforcing Authority. The administration and enforcement of the provisions of this chapter shall be the duty of the Black Hawk County Health Department, the Code Enforcement Officers, or an authorized designee.
B. Administrative Order. Whenever the enforcing authority determines that a public health nuisance exists which requires immediate action to protect the public health, said official may issue an order citing the existence of the public health nuisance and require that action be taken as he or she deems necessary. The action required by said authority shall depend upon, but not be limited to, the nature of the condition, the danger to the public health that the condition presents, the condition or deterioration of the premises, or the time reasonably necessary to take the required action. If the owner or occupant does not comply with the order within the time frame specified in said order, said authority may authorize the taking of the action specified in the order. Any costs incurred in abating the public health nuisance may be assessed to the owner of the property personally, to the property, or both. This remedy does not preclude the issuing of a citation as outlined in BHCC 8.20.090. [Ord. 88, 2004. Code 2009 § 3-2-7.]
8.20.080 Notice of violation.
Notice of a violation of this chapter or to abate the violation may be by personal service, certified mail, or by a dated and signed placard which is posted in a conspicuous place on each parcel of property found to be in violation of this chapter, stating that the property is in violation of this chapter and that failure of the owner or occupant to abate the violation within 20 days of the date on the placard may result in the County abating the violation and assessing the costs and any administrative fees to the property, to the property owner, or both. The 20-day abatement period shall be from the date of personal service, date of receipt of the certified mail, or the date of the dated and signed placard. [Ord. 88, 2004. Code 2009 § 3-2-8.]
8.20.090 Violations and penalty.
Any person violating this section or any provisions thereof, or refusing or neglecting to comply with any provision or requirements of any section, or failing to comply with any order of the enforcing authority or interfering with or obstructing the enforcing authority with their investigation shall be guilty of a County infraction as provided in Chapter 1.15 BHCC. Each day that a violation occurs constitutes a separate offense. Nothing herein contained shall prevent Black Hawk County from taking such lawful action as is necessary to prevent or remedy any violation. [Ord. 88, 2004. Code 2009 § 3-2-9.]