The funds of the City, known and designated as the "municipal collection and disposal funds" as of the adoption of the ordinance from which this section derives, are continued and re-established. All receipts of the Utilities Department, collected under the terms of this chapter, shall be placed in the funds. All expenses incurred by the City in the management, control and operation of the Utilities Department, including but not limited to operating expenses, maintenance and repair expenses, capital outlays, right-of-way acquisition, debt service, administration and legal expenses, reasonable charges or use of City facilities, repayment of loans to other City funds, and billing and accounting costs shall be paid out of the collection and disposal funds. The City Manager shall determine what portion of joint expenses of salaries and overhead shall be allocable to the funds. The Council, at its discretion, may transfer any funds from the municipal collection and disposal funds to the general fund of the City.
(Prior Code § 20-28; Ord. 88-22 § 2 (G), eff. 1/5/89; Ord. 2005-01, eff. 3/3/05)
(a) 
The City may authorize franchises or licenses for the operation of private garbage and refuse companies within the corporate limits. Areas may be designated for the specific operation of the City Utilities Department or private operator and may be established in a cooperative manner for the best interest of the City and its inhabitants.
(b) 
The Director of Utilities may by written permit to a private company authorize the company to provide interim service within the City service area to specific accounts where a type of service is to be rendered that presently is not offered by the City.
(Ord. 89-11 § 2, eff. 5/4/89; Ord. 2005-01, eff. 3/3/05)
(a) 
The Director of Finance may issue permits with the approval of the Director of Utilities to provide that persons may engage in the business of hauling refuse in the City. Any such permits which have been issued at any time and unless revoked shall run from year to year.
(b) 
Such permits may specify the type of refuse to be hauled and conditions respecting the manner in which refuse shall be hauled or disposed of, as that may be necessary for the preservation and protection of the public health and safety.
(Ord. 89-11 § 2, eff. 5/4/89; Ord. 2005-01, eff. 3/3/05; Ord. 2017-01 § 72, eff. 3/9/17)
(a) 
All premises within the limits of the City which are occupied or which have a water service account shall have refuse and recycling service, and the election by any person not to accept such service shall not exempt him from the payment of the minimum charge for solid waste service, except that this requirement for mandatory service shall not apply to any premises within any areas within the City limits receiving solid waste service provided by a person, firm or corporation providing such service in such area pursuant to a permit or franchise approved by the City; provided, that all premises within such an area which are occupied, or which have a water account, shall have refuse and recycling service from such permittee or franchisee, and such service is mandatory and payment shall be made therefor to such permittee or franchisee in the same manner and according to the rates prescribed in this chapter for payment to be made to the City in areas served by the City and not served by such a permittee or franchisee.
(b) 
Also excepted from a mandatory solid waste service charge are any unoccupied premises having a water service exclusively for irrigation purposes. Persons applying for this exemption shall certify to the exclusive use of their water service for irrigation purposes, and occupancy of the premises or use of water for other than irrigation purposes is a misdemeanor.
(c) 
Also excepted from a mandatory solid waste service charge are occupied premises whereon no garbage, trash or solid waste collection was made or charge made therefor, by the City, prior to the twenty-first (21st) day of August, 1970, and whereon no garbage, trash or other solid waste of any kind, type or description is or will be produced, except such as is and will be lawfully disposed of in a manner not contrary to any of the provisions of this chapter and without constituting any hazard to health, welfare and safety; provided, that the owner, his tenant or his agent file with the City a certificate that no garbage, trash or other solid waste of any kind, type or description is or will be produced, except such as is and will be lawfully disposed of in a manner not contrary to any of the provisions of this chapter and without constituting any hazard to health, welfare and safety on the premises under his control specifying the location and the reason why that situation is alleged to exist, and acknowledging that if the allegations of the certificate are found to be untrue that the person executing the same will be liable for payment of all charges for garbage, refuse or solid waste disposal which would have been payable to the City during the period that any such charges were not made because of the making and filing of the certificate. The certificate shall be signed under penalty of perjury, and shall be accepted only from persons owning, occupying or in control of the premises described in the certificate on the twenty-first (21st) day of August, 1970. Such certificates must be completed and filed with the City not later than five (5:00) p.m. on the thirty-first (31st) day of December, 1970. The exception provided in this subsection shall not be allowed, and the certificate shall be void and have no effect if the allegations of the certificate are found to be untrue or inspection of the premises by responsible departments of the City demonstrate that garbage, trash or other solid waste is being produced, except that such as is and will be lawfully disposed of in a manner not contrary to any of the provisions of this chapter, and without constituting any hazard to health, welfare or safety on the premises, or that the manner of disposal thereof, if any, set forth in the allegations of the certificate is detrimental to the public health, safety or welfare. All such certificates shall be signed in the presence of and filed with the Director of Finance or his designated representative, and it shall be the responsibility of the Director of Finance to review each such certificate as filed, and to require that the responsible departments of the City review the certificate and inspect the subject premises to ensure compliance with this chapter.
(Ord. 89-11 § 2, eff. 5/4/89; Ord. 2005-01, eff. 3/3/05; Ord. 2017-01 § 73, eff. 3/9/17)
(a) 
It is unlawful for any person to move or transport through the City any refuse or recycling except in vehicles owned and operated by the City or approved in writing by the City Manager.
(b) 
It is also unlawful for any person to collect refuse or recycling within the City, and it is unlawful to bury or otherwise dispose of refuse or recycling except as provided in this chapter. All collection, transportation and disposal of refuse and recycling shall be done exclusively by the City except as otherwise provided in this chapter, and the City reserves unto itself the exclusive right to collect, transport and dispose of all refuse and recycling to be collected, transported and disposed of, or refuse or recycling produced and found within the City. Nothing contained in this chapter shall be construed to prohibit persons from collecting or transporting dead animals within the City. Nothing contained in this chapter shall be construed to prevent the occupants of any property or premises from transporting or disposing of refuse or recycling belonging to them and produced on the premises occupied by them; provided, that if such occupant elects to transport or dispose of refuse or recycling belonging to him and produced on the premises occupied by him, he shall nevertheless be required to pay the charge provided in this chapter for garbage, refuse and recycling collection.
(c) 
Nothing contained in this chapter shall be construed to prevent the occupant of any property or premises from contracting with any person who provides a service to the premises, such as gardening, landscaping, repair or maintenance, to transport or dispose of refuse or recycling created by such service; provided, that such transportation or disposal of such refuse or recycling so created is incidental to the primary service rendered to the premises, as described in this chapter, is limited strictly to the transportation or removal of refuse or recycling created by the provisions of such service to the premises, and the person contracted with holds a current valid City business license for the business of conducting such primary service; provided, however, that the occupant so contracting for the transportation or removal of refuse or recycling so created shall nevertheless be required to pay the charges provided in this chapter for garbage, refuse and recycling collection.
(d) 
All refuse, recycling and garbage collected by the City shall become City property when placed in a City curbside container on a regular service day, and may be disposed of in any manner convenient to the City.
(Ord. 89-11 § 2, eff. 5/4/89; Ord. 2005-01, eff. 3/3/05)
(a) 
All refuse and recycling automated, bin or can containers shall be kept on the premises for which they are provided in a place readily accessible for removing and emptying the same. In case of dispute as to the place where they shall be kept, the Director of Utilities shall forthwith designate such place, and his decision thereon shall be final.
(b) 
It shall be the duty of every occupant of a dwelling, house or a residence in the City, whether such occupant is the owner, tenant, lessee or otherwise, and of every proprietor, manager, owner or lessee of any other premises in the City, to place in automated, bin or can containers of the type and number required in this chapter all refuse and recycling created, produced and accumulated upon the premises so occupied or under his control, unless otherwise provided in this chapter. It is unlawful for any such person to suffer, allow or permit refuse to collect or remain upon the premises so occupied or under his control, except as provided in this chapter.
(Ord. 89-11 § 2, eff. 5/4/89; Ord. 2005-01, eff. 3/3/05)
Occupants of apartment houses, motels, hotels or any other multifamily dwellings or business establishments paying one disposal charge for all units must place all refuse and recycling automated, bin or can containers at one location on the premises for pickup, such location to be designated by Director of Utilities. If containers are picked up at individual locations, charges shall be made accordingly.
(Ord. 89-11 § 2, eff. 5/4/89; Ord. 2005-01, eff. 3/3/05)
Every person in possession, charge or control of any premises upon which refuse or recycling is produced shall provide or have provided refuse and recycling automated, bin or can containers of sufficient number and capacity to hold the accumulation of refuse between the times fixed for the collection of refuse and recycling.
(Ord. 89-11 § 2, eff. 5/4/89; Ord. 2005-01, eff. 3/3/05)
It is unlawful for any unauthorized person to open or damage any refuse or recycling automated, bin or can container or to collect, molest or scatter the refuse or recycling stored in such automated, bin or can container or to deposit any refuse or recycling in such automated, bin or can container.
The cost to replace a lost City-owned receptacle, which is deemed to be the responsibility of that particular premise, will be billed to that applicable solid waste service account.
(Ord. 89-11 § 2, eff. 5/4/89; Ord. 2005-01, eff. 3/3/05)
All refuse shall be collected from every occupied dwelling house or residence within the City at least once each calendar week, and as many times per week from all other premises within the City as may be found necessary by the Director of Utilities for proper cleanliness. All residential recycling shall be collected every other week on the same day as residential trash collection, or at such other times as may be determined by the Director of Utilities. All commercial recycling shall be scheduled for collection as needed, as determined by the Director of Utilities or his/her designee. Commercial and residential organics recycling shall be scheduled for collection as needed, as determined by the Director of utilities or his/her designee.
(Ord. 89-11 § 2, eff. 5/4/89; Ord. 2005-01, eff. 3/3/05; Ord. 2024-05, eff. 5/16/2024)
The Director of Utilities shall have authority to make necessary rules and regulations concerning the collection, transportation and disposal of refuse and recycling within the City, and he or she shall provide among other things for the time and method of collection, subject to the approval of the City Manager, and except as otherwise provided in this chapter.
(Ord. 89-11 § 2, eff. 5/4/89; Ord. 2005-01, eff. 3/3/05)
To facilitate the enforcement of this chapter and to carry out the purposes and provisions of this chapter, it is lawful for the Chief of Police, health officer, Fire Chief and any other peace officer of the City to enter any premises within the City for the purpose of ascertaining the sanitary condition thereof and the unlawful and dangerous accumulation of refuse or recycling therein or thereon. The Fire Chief and members of the Police Department and the health officer of the City are, and each of them is, required to enforce the provisions of this chapter, and any person denying or obstructing any such entry or inspection is guilty of a misdemeanor.
(Ord. 89-11 § 2, eff. 5/4/89; Ord. 2005-01, eff. 3/3/05)
In the case of any unusual accumulation of refuse or recycling; that is to say, an accumulation that cannot be practicably removed by means of the regular collection service provided, the accumulation shall be collected and disposed of by the Utilities Department, at the request of the person owning or in charge or control of the accumulation, at such rates as may be set by the Director of Utilities.
(Ord. 89-11 § 2, eff. 5/4/89; Ord. 2005-01, eff. 3/3/05)
(a) 
Rates. There shall be a charge made to each premises for disposal service for refuse, and, in the City's discretion, recycling and/or organics. The schedules of such charges indicate rates for service at the street or alley right-of-way line (within public right-of-way). Such charges shall be made in accordance with the schedules based on the number of containers serviced and the frequency of pickup per week as adopted by resolution of the Council.
(b) 
Location for Pickup. Except on the date the City is collecting refuse for disposal, all refuse, recycling, and organics containers for them shall be kept to the rear of any front yard setback required by the City. On days of pickup, such containers shall be placed within the public right-of-way unless a contrary arrangement has been made with the Director of Utilities.
(c) 
Special Rates for Unusual Locations. Where pickup is desired other than within the public right-of-way, containers shall be placed at a location readily accessible for removing and emptying the containers at such locations as designated by the Director of Utilities. Such locations shall not be more than 40 feet from the public right-of-way unless an arrangement for a different location has been specifically made by the customer with the Director of Utilities, who is empowered to establish different rates for such pickups, which rates shall be calculated so as to cause the customer to pay the City the additional expense incurred for collecting transporting the containers from such location to the collection vehicle for service.
(d) 
All refuse, recycling, and organics receptacles shall be kept in a clean and sanitary condition by the owner or person using the containers and shall be kept tightly covered at all times as proof against access by vectors to the contents thereof, except when waste is being deposited therein or removed therefrom.
(e) 
Recycling or organics containers that are contaminated with refuse shall be serviced as refuse and an additional fee shall be charged to the owner or occupant of the premises for each contaminated container. Such fees shall be charged at the current Extra Haul fee as show in the published schedule of fees and charges.
(Ord. 89-11 § 2, eff. 5/4/89; Ord. 2005-01, eff. 3/3/05; Ord. 2024-05, eff. 5/16/2024)
(a) 
Rates. There shall be a charge made to each person receiving disposal service for refuse and recycling from the City which shall be applicable where bin-type containers (dumpsters) are provided by the City.
(b) 
Reserved.
(c) 
Compactor Bins. Rates shall be charged as shown in the published schedule of fees and charges.
(d) 
Wet Garbage. All containers holding wet garbage shall be picked up not less than two times a week.
(e) 
All refuse and recycling bins shall be kept in a clean and sanitary condition by the owner and/or persons using the containers and shall be kept tightly covered at all times, except when waste is being deposited therein or removed therefrom.
(f) 
Commercial recycling bins that are contaminated with refuse shall be serviced as refuse and an additional fee shall be charged to the owner or occupant of the premises for each contaminated container. Such fees shall be charged at the current Extra Haul fee as shown in the published schedule of fees and charges.
(Ord. 89-11 § 2, eff. 5/4/89; Ord. 2005-01, eff. 3/3/05; Ord. 2024-05, eff. 5/16/2024)
(a) 
It is the policy of the City to charge all users of the solid waste disposal site to dispose of garbage and other refuse and recycling. Such charges shall be those established from time to time by resolution of the Council.
(b) 
All refuse, recycling and garbage to be disposed of at the solid waste disposal site becomes City property after payment of appropriate charges for disposal and unloading it at the disposal site.
(c) 
No salvaging is permitted by users of the solid waste disposal site. Salvaging can only be permitted by written authorization of the Director of Utilities.
(Ord. 89-11 § 2, eff. 5/4/89; Ord. 2005-01, eff. 3/3/05)
Animal or vegetable byproducts from packinghouses, factories or creameries which are produced under sanitary conditions shall not be classed as refuse, but shall belong to and may be removed in a manner acceptable to the Director of Utilities by the owners or persons in control of such establishments; provided, that such sanitary byproducts shall be removed at least twice a week and that such removal and disposal shall be in all respects subject to the terms of this chapter, except that the owners may sell and dispose of such products.
(Ord. 89-11 § 2, eff. 5/4/89; Ord. 2005-01, eff. 3/3/05)
The Council may from time to time, by resolution duly passed at a regular meeting of the Council, determine that the garbage from certain premises to be described in such resolution, shall be sold by the City as animal feed and may provide that the containers for such garbage on such premises shall be marked "For Feed Garbage Only." After a container is so marked, it is unlawful for any person to place, deposit or keep in any such container any matter other than vegetable, fruit or animal waste resulting from the cooking, handling, storage, sale, preparation, use or consumption of food.
(Ord. 89-11 § 2, eff. 5/4/89)
(a) 
It is unlawful for any person to:
(1) 
Place, deposit or keep any refuse or recycling on any street, alley, sidewalk, public way or any public place or property, or on any premises other than those upon which it was produced;
(2) 
Place, deposit or keep any refuse or recycling on any premises, except in containers as provided in this chapter, except only that brush and garden trimmings may be kept in a small pile or as a compost heap;
(3) 
Keep any accumulation or refuse or recycling whatsoever, either in or out of a container, if such accumulation is or may become a menace to health or a fire hazard or otherwise dangerous or offensive;
(4) 
Place, deposit or keep in any refuse or recycling container any of the following:
(A) 
Dead animals or fowl;
(B) 
Human, fowl or animal excreta;
(C) 
Loose vacuum cleaner contents;
(D) 
Dangerous materials such as poisons, acids, oils, paint products, toxic substances, hazardous materials, hazardous wastes, caustics or explosives;
(E) 
Wearing apparel, bedding or other rubbish from any home or other place where any infectious or contagious disease is or has been present.
(b) 
The owner or occupant of any premises wherein or whereon are located such items shall forthwith notify the Director of Utilities, and the same shall be disposed of in accordance with his directions.
(Ord. 89-11 § 2, eff. 5/4/89; Ord. 2005-01, eff. 3/3/05)
(a) 
It is unlawful for any person to burn or incinerate any refuse or recycling upon any public street, alley or other public place in the City. It is unlawful for any person to burn or incinerate any refuse or recycling upon any private premises within the City except such burning or incinerating as is done by such person in a fireproof metal, brick or concrete furnace or incinerator provided for or capable of being used for such purpose, and which has been approved by the Fire Chief of the City and the health department of the county.
(b) 
Nothing contained in this section, however, shall prevent the Fire Chief from allowing the burning of material for training purposes, for agricultural purposes, or for the abatement of a health or fire hazard when other means of abatement are impossible, impractical or unavailable.
(Ord. 89-11 § 2, eff. 5/4/89; Ord. 2005-01, eff. 3/3/05)