Chapter 8.05
GARBAGE, REFUSE AND YARD WASTE
Sections:
8.05.030 Separation of garbage, refuse, and yard waste.
8.05.050 Accumulations of garbage, refuse, and yard waste.
8.05.060 Transportation of garbage, refuse, and yard waste material.
8.05.070 Dumping in unauthorized place.
8.05.010 Purpose.
To provide a safe, effective and reasonable method of separation of yard waste, garbage, refuse and solid waste in order to promote the best use of Iowa land, and to encourage, promote, and regulate disposal of yard waste, garbage, refuse and other solid waste, the Board of Supervisors of Black Hawk County, Iowa, adopts the ordinance codified in this chapter. [Ord. 25 § 1, 1991. Code 2009 § 4-1-1.]
8.05.020 Definitions.
“Business” shall mean each separate establishment for carrying on a gainful occupation, including farming.
“Compost” shall mean organic material resulting from biological decomposition of waste, which can be used as a soil conditioner or soil amendment.
“Dwelling unit” shall mean each household unit occupied by a single family.
“Farm” shall include, but not be limited to, the definition of business and the definition of dwelling unit, and shall include any land, farm houses, farm barns, farm outbuildings or other buildings or structures and lands which are primarily adapted by nature and area for use for agricultural purposes.
“Garbage” means the byproducts 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 materials” shall mean any hazardous waste or hazardous substance regulated by state and federal law.
“Health Department” means the Black Hawk County Health Department.
“Multiple dwelling unit” shall mean two or more dwelling units connected or adjoining one another.
“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.
“Premises” shall mean the property occupied by a separate family or business unit whether or not the same be separately owned.
“Refuse” shall mean nonhazardous materials and rubbish such as papers, rags, and similar materials.
“Yard wastes” shall mean organic debris such as grass clippings, leaves, tree limbs, bark, branches, flowers, etc., that are produced as part of yard and garden development or maintenance. Yard waste shall not include:
A. Tree stumps.
B. Material meeting the definition of garbage as provided herein.
C. Flower and decorative products manufactured or fabricated or the waste byproducts incidental to their manufacture or fabrication, which includes organic materials and other nonorganic wastes which are not practically separable. Examples of this exemption include, but are not limited to, things such as flower arrangements, decorative potted plants, wreaths, bouquets, garlands, and small bedding flats. [Ord. 127, 2014; Ord. 126, 2014; Ord. 125, 2014; Ord. 25 § 2, 1991. Code 2009 § 4-1-2.]
8.05.030 Separation of garbage, refuse, and yard waste.
A. All yard waste shall be separated from all other garbage and refuse accumulated on the premises by the owner or occupant and disposed of as hereinafter provided.
B. It shall be a violation of this chapter to deposit any garbage, refuse, hazardous waste or substance or yard waste in any location within the County unless deposited as provided by County ordinance, state or federal law.
C. Disposition of garbage, refuse, and yard waste shall be in areas designated by the Board of Supervisors and the Black Hawk County Solid Waste Commission.
D. Composting. Yard waste which is generated upon the same premises where it originated may be composted and disposed of by composting on that premises, provided the composting does not create a nuisance. Determination of whether a nuisance is created shall be based upon an opinion of the Black Hawk County Department of Health as to whether a nuisance exists. [Ord. 25 § 3, 1991. Code 2009 § 4-1-3.]
8.05.040 Application.
This chapter shall apply to each owner and occupant of any farm, business, or dwelling unit located within the unincorporated areas of Black Hawk County, Iowa. [Ord. 25 § 4, 1991. Code 2009 § 4-1-4.]
8.05.050 Accumulations of garbage, refuse, and yard waste.
It shall be unlawful for any person to permit accumulation on any premises, improved or vacant, or any public place in the County, any quantities of garbage, refuse or yard waste, either in containers or not, which shall, in the opinion of the Department of Health, constitute a nuisance. [Ord. 25 § 5, 1991. Code 2009 § 4-1-5.]
8.05.060 Transportation of garbage, refuse, and yard waste material.
No person shall haul, transport or otherwise convey any garbage, rubbish, trash, waste, building material, tree or shrubbery branches or limbs, or any other waste material within this County unless the same is contained in covered receptacles or is otherwise secured either to or within the vehicle so that said material does not fall or blow off or out of the vehicle hauling the same. In the event any of said material falls or blows off or out of the vehicle, the person hauling the same shall clean up all of the waste material. [Ord. 25 § 6, 1991. Code 2009 § 4-1-6.]
8.05.070 Dumping in unauthorized place.
Any person who shall use any lot, open space, or roadway in the County instead of the location provided for or established by the Black Hawk County Board of Supervisors for the dumping or depositing of dead animal matter, garbage matter and offensive materials including garbage, refuse and yard waste, shall be in violation of this chapter. [Ord. 25 § 7, 1991. Code 2009 § 4-1-7.]
8.05.080 Enforcement.
A violation of this chapter shall be considered a violation of the Black Hawk County infractions ordinance, and shall be punishable as provided in said infractions ordinance. [Ord. 25 § 8, 1991. Code 2009 § 4-1-8.]