Chapter
28
SOLID
WASTE[1]
Art. I. In General, §§ 28-1—28-10
Art. II. Administration and Enforcement, §§
28-11—28-20
Art. III. Authorized Collectors, §§ 28-21—28-30
Art. IV. Containers, §§ 28-31—28-40
Art. V. Commercial Collection, §§ 28-41—28-50
Art. VI. Solid Waste Disposal, §§ 28-51—28-60
Art. VII. Fees, §§ 28-61—28-70
Art. VIII. Recycling Containers, §§ 28-71—28-76
ARTICLE
I. IN GENERAL
Sec.
28-1. Definitions.
For the purpose of this chapter, the
following words and phrases shall have the meanings respectively ascribed to
them by this section:
Abate
or abatement means to
remove, remediate or terminate a public nuisance or violation of this chapter.
Abatement
cost means any and all expenses, costs and fees expended by the city or its
designee in removing, enjoining or terminating a public nuisance or violation,
as well as any damage to persons or property caused by the public nuisance or
violation.
Alley
means any public space
or thoroughfare twenty (20) feet or less in width which has been dedicated or
granted for public use.
Commercial container
means any solid waste or
recycling container used by a commercial establishment.
Commercial
establishment means any
public or private place, building or enterprise utilized for the conduct of
business or industrial enterprise, but not to include any residential establishments.
Commercial
heavy waste means dirt, rock, concrete, carpet, tile, glass, wet or heavy
green waste from landscapers, plaster, asphalt, roofing materials, large panes
of glass/mirrors, heavy metals, and any other heavy waste material produced by
a commercial establishment.
Commercial
non-collectible items
means tires, paint, motor oil, gasoline, car parts and batteries, propane
tanks, computer parts, medical waste, liquid waste, and any other dangerous or
hazardous waste.
Commercial
solid waste means all acceptable
garbage and trash generated by commercial establishments except hazardous
wastes and commercial non-collectible items.
Construction
waste and demolition debris means dirt, rock, concrete, construction and
demolition debris, lumber, railroad ties, rolls of carpeting, large panes of
glass/mirrors, plaster, asphalt, and roofing materials.
Contain
means to place refuse in a puncture resistant bag or box, or bundle and
stack uncontained items in an appropriate manner so as to aid in the collection
process.
Container
means any receptacles used for the collection of refuse or recyclable materials
and as approved by the public works manager. This shall include sixty-five
(65), ninety (90) and three hundred (300) gallon containers; four (4), six (6)
and eight (8) cubic-yard front loaders; ten (10), fifteen (15), twenty-five
(25) and forty (40) cubic-yard roll-offs; and cubic yard compactors less than
thirty-one (31), thirty-one (31) to forty (40), and more than forty (40) cubic
yards.
Contamination
means materials that are placed in a solid waste container, including but not
limited to, hazardous waste and residential/commercial
Contractor
means a person, persons
or corporate establishment engaged in the business of collecting, hauling or
transporting commercial solid waste or special material in the city for
disposal or any other purpose.
Domestic
animal waste means feces or discarded bedding or flooring materials such as
straw, sawdust, or other materials from yards, pens, corrals, stables or other
containment from domestic animals or permitted wild animals weighing less than
one hundred fifty (150) pounds.
Fence
means any barrier
erected, installed or planted to mark the boundaries of any lot or parcel of
land and made of posts and wire, boards or similar materials or formed by a
dense row of shrubs or trees.
Freestanding
wall means any masonry
barrier erected or constructed to mark the boundaries of any lot or parcel of
land and made of masonry, concrete or similar materials and standing alone on
its own foundation free of supporting frame or attachment.
Garbage
means all putrescible solid
wastes, except sewage and body wastes, including all organic wastes that have
been prepared for or intended to be used as food or have resulted from the
preparation of food, including all such substances from all public and private
establishments and residences.
Green
waste means brush, tree trimmings, grass, leaves or similar landscaping or
plant material of an organic nature.
Hazardous
wastes means all wastes
that are hazardous by reason of their pathological, explosive, flammable,
radiological or toxic nature, including, but not limited to, all wastes defined
as hazardous by A.R.S. § 49-921.
Imminent
health or safety hazard means any condition of real property, refuse or
recycling container that places life, health, safety or property in high risk
of peril when such condition is immediate, impending or menacing.
Industrial
solid waste means any solid waste as defined in this section produced as a
result of any industrial operations.
Injunctive
relief means a court order temporarily or permanently enjoining any person
or establishment from committing any act in violation of this chapter. Injunctive relief is in addition to all
penalties and other remedies prescribed in this section.
Landscaper
means any person or establishment who is in the business or profession of
gardening or improving the appearance of land by planting or trimming trees,
shrubs, grass, or other vegetation, or altering the contours of the ground.
Liquid
waste means any waste material in the form of a liquid or that produces a
liquid at any time, including but not limited to, grease, oil or food. This shall not include domestic sewage or
hazardous waste materials.
Livestock
waste means feces
or discarded bedding or flooring materials such as straw, sawdust, or other
materials from yards, pens, corrals, stables or other containment from
livestock and fowl, including cattle, horses, pigs, chickens or other domestic
or permitted wild animals weighing over one hundred fifty (150) pounds.
Medical
waste means any
solid or liquid waste generated in the diagnosis, treatment, testing or immunization
of a human being or animal, or in any research relating to the diagnosis,
treatment or immunization, or in the production or testing of biologicals,
including but not limited to, medical sharps and biohazardous medical
waste.
Material
recovery facility (MRF)
means
any location designated as a drop-off location for recyclables.
Nonparticipant means a residential or
commercial customer within any area of the city where the city recycling
program is in effect who is not participating in the recycling program, either
by choice or by action of the city.
Notice
of violation (NOV) means
a form notifying a responsible party of a violation of this chapter with
reasonable specificity, the date and time of the violation, a deadline for
compliance if applicable, and the right to a hearing to contest said violation.
Public nuisance means anything which is injurious or obnoxious
to health or offensive to the senses, or is an obstruction to the free use of
property, so as to interfere with the comfortable enjoyment of life or property
by any considerable number of persons, or which obstructs the free passage or
use, in the customary manner, of any street, alley, sidewalk or public
property.
Public works manager means the manager
of the public works department or designee.
Putrescible solid waste means solid waste which is capable of being
decomposed by microorganisms with sufficient rapidity as to cause nuisances
from odors or gases and capable of providing food for or attracting birds,
insects, snakes, rodents or other animals capable of transferring a diseased
bacterium or virus from one organism to another.
Recyclables
means any solid waste as designated by the city from time to time, that has
been separated from other solid waste for the purpose of being collected and
recycled.
Recycling container means any container, whether operated
for profit or not, where the public is asked to bring any materials to be
donated or left to be recycled, reclaimed, processed or reused, including, but
not limited to, newspapers, bottles, metal cans, and used clothing and
furniture.
Refuse
means any garbage, trash and collectible contained items.
Residential
container means any solid waste and recycling container used by a
residential establishment.
Residential establishment means any structure or premises used as
a domicile, dwelling, or habitation, including residential single-unit dwellings,
residential multi-unit dwellings, duplexes, patio homes, mobile home parks,
trailer courts, rooming houses, boarding houses, assisted living facilities,
apartments, condominiums, townhouses, combination residential and commercial
structures, or any complex of the foregoing.
Residential
multi-unit dwelling
means a domicile, dwelling or habitation, including a rental dwelling, that
contains more than one complete living space, duplex, mobile home park, trailer
court, rooming house, boarding house, assisted living facility, apartment,
condominium, townhouse, combination residential and commercial structure or any
combination of the foregoing. However,
this shall not include a residential facility pursuant to A.R.S. § 36-582.
Residential
non-collectible items
means dirt, rock, concrete, bricks, asphalt, roofing material, plaster,
construction and demolition debris, lumber, railroad ties, rolls of carpeting,
tires, paint, car parts, motor oil, gasoline, household/hazardous chemicals,
car batteries, propane tanks, computer parts, large panes of glass/mirrors or
any other dangerous or hazardous materials.
Residential
single-unit dwelling
means a building or structure or any parts thereof, used as a residence by one
or more persons, including a domicile or habitation that contains only one
complete living space. It also includes
a residential rental dwelling unit and residential facility, pursuant to A.R.S.
§§ 9-1301(10) and 36-582(b).
Responsible
party means an occupant, lessor, lessee, manager, licensee, owner or other
person having control over a structure or parcel of land. Also, in the event that remediation of
property is required, any lien holder whose lien interest is recorded in the
official records of the Maricopa County Recorder's office relating to said
property.
Sanitary
container means a container that does not have uncontained putrescible
waste, an odor detectible within ten (10) feet with lid closed emanating from
it, or vectors populating within it.
Scavenge
means to collect by searching and removing solid waste items, including any
items inside or around a container, public right-of-way or solid waste facility.
Sharps
means objects such as syringes, needles and lancets that are used for insulin
intake, blood samples or for other medical purposes.
Solid
waste means any refuse,
green waste, liquid waste, medical waste, domestic animal waste, and other discarded
material, including solid, liquid, semisolid or contained gaseous material but
not including domestic sewage or hazardous wastes.
Solid
waste containers means
any refuse or recycling container, for either residential or commercial use.
Solid
waste fee means any fee associated with solid waste services provided by
the city as established by city council resolution (see Appendix A).
Special
collection means solid waste collection service provided by the city of
collectible items only, over and above the usual level, including Freon
containing white goods. Associated fees
are established by city council resolution (see Appendix A).
Tare
weight means empty weight of vehicle with driver.
Trash
means combustibles such
as paper, wood, yard trimmings or brush and noncombustibles including metal and
glass.
Uncontained items means all large
trimmings from trees and shrubbery, furniture, major appliances (excluding
white goods), mattresses and other acceptable materials that are too large to
be deposited into containers, that are generated by a residential single-unit
dwelling within the city.
Waste
means material of any
kind that constitutes solid waste, refuse, animal or livestock waste, or
medical waste. Waste includes abandoned
or unidentified personal property left unattended on public sidewalks and
rights-of-way or other public areas.
Weight-based
service means a fee
charged for collection or disposal services based on weight of the load, less
the tare weight, as established by city council resolution (see Appendix A).
White
goods means manufactured appliance items containing or previously
containing Freon such as refrigerators, air conditioners or freezers.
(Ord.
No. 86.47, § 2, 7-10-86; Ord. No. 92.52, 1-14-93; Ord. No. 94.35, 4-13-95; Ord.
No. 2001.17, 7-26-01; Ord. No. 2004.03, 2-19-04; Ord. No. 2009.10, 3-5-09)
Sec. 28-2. Property Maintenance.
(a) It
is unlawful for any person to fail to maintain residential or commercial real
property under his control, in a clean manner, free from garbage, trash and
waste, including but not limited to, solid waste, contamination, garbage, remodeling
and demolition debris, hazardous materials and
recyclables.
(b) It
is unlawful for any person to fail to maintain areas adjacent or abutting to property
under his control, including alleys, public walkways, public streets and
rights-of-way, free from garbage, trash and waste, including but not limited
to, solid waste, contamination, garbage, hazardous materials, recyclables and
commercial and residential non-collectible items.
(c) It
is unlawful for any person to interfere with or prevent the public works
manager or agents thereof, while the city is administering or enforcing this chapter. However, nothing in this section shall be
construed to limit the pursuit of any remedy in any court of competent
jurisdiction for property rights by the owner of any property within the city.
(Ord.
No. 2009.10, 3-5-09)
Secs.
28-3—28-10. Reserved.
ARTICLE
II. ADMINISTRATION AND ENFORCEMENT
Sec. 28-11. Administration and enforcement.
(a) The public works manager is assigned the
primary responsibility of administering and enforcing this chapter and is
granted the authority expressly and impliedly needed and necessary for
enforcement. The public works manager
may designate any agents to exercise any administrative and enforcement powers
as provided in this chapter.
(b) Nothing in this chapter shall
preclude city employees from seeking voluntary compliance with the provisions
of this chapter through notices to comply, warnings, or other informal devices
designed to achieve compliance in the most efficient and effective manner under
the circumstances.
(c) The authority of the city to enforce
provisions of this chapter is independent of and in addition to the authority
of other city officials to enforce the provisions of any other ordinances of
the city.
(d) It
is unlawful to violate any provision of this chapter. The failure to comply with any requirement of
this chapter constitutes a violation of this chapter. Each instance of a violation of this chapter
may be considered a separate offense and enforced and prosecuted
accordingly. The public works manager
may seek remedies including injunctive relief, in addition to civil penalties
and criminal penalties as set
(e) Violations
of this chapter shall be considered strict liability offenses.
(Ord.
No. 86.47, § 2,
Sec. 28-12. Violations and penalties.
(a) If
a violation under this chapter occurs, the public works manager or designee
thereof has the authority to issue a notice of violation
("NOV"). The NOV may be issued
in any of the
(1) Hand-delivered to any person at the address
where the violation propagated or by personal service upon the owner, resident,
occupant, tenant or other responsible person;
(2) Posted in a conspicuous location upon the
real property where the violation propagated, or property adjacent to or
abutting the location of the violation; or
(3) Mailed to the address where the violation
propagated via certified mail with return receipt requested.
(b)
The NOV shall contain the date and location of the violation, reference
to the Tempe City Code provision or ordinance violated, and notice that the
violation must be remedied within a specified time.
(c) Upon
receipt of NOV, the violation must be remedied within the following time frame:
(1) As directed in writing in the NOV by the
public works manager or designee thereof depending on the severity of the
violation, but in no event shall such time exceed thirty (30) days; or
(2) Immediately if the violation poses an imminent health or safety
hazard.
(d) The
city may correct or abate the condition constituting a violation at any time on
or following the date stated in the NOV.
In addition, should the violation constitute or escalate to an imminent
health or safety hazard as determined by the city, or in the event of repeated
violations as set forth in § 28-13 herein, the city may immediately abate
the condition.
(e) Any
person in violation of any of the provisions of this chapter will be charged
for any and all abatement costs incurred, whether performed by the city or its
designee, in addition to civil penalties and fees as set forth in §§ 1-7 and
1-8 of this code. The procedure for
penalties and fees for violations of this chapter shall be in accordance with chapter
1 of this code.
(f) All
abatement costs shall be billed to the violating party directly by and through
the city municipal services statement or otherwise, as directed by the public
works manager.
(g) The
city municipal services statement shall include a statement of the date and
location of the violation, reference to the city code provision or ordinance
violated, and notice that to dispute said abatement costs, the violating party
must request a hearing from the Tempe Municipal Court within fourteen (14) days
from the due date set forth therein unless additional time is specified by the
public works manager or designee thereof.
Appearances shall be conducted pursuant to § 1-9 of this code. Should the party fail to appear or remit
payment for the abatement cost within the time specified, judgment by default
shall be entered in the amount of the abatement cost plus a penalty amount for
the party’s failure to appear.
(h) Any
and all unpaid charges for abatement costs may be enforced by the city court,
including delinquent fines, fees and penalties as provided by law. Any judgment or civil sanction may be collected as any other
civil judgment, including but not limited to, recording a lien against the real
property, lot or tract of land that is subject to the abatement costs as set
forth herein. Enforcement of the lien
may include sale of the property.
(i) All
violations under this chapter constitute a public nuisance and are civil unless
otherwise specified, and may be commenced by delivering a NOV to the person
responsible for the violation. In
addition to the above, the procedures in § 1-7 of this code may be utilized
for civil violations of this chapter. The fines for civil violations applicable
to this chapter shall be established by city council resolution.
(Ord.
No. 86.47, § 2,
Sec.
28-13. Criminal violations.
(a) A violation of this chapter by any person
three (3) times within a one year period shall constitute a misdemeanor and
shall be punishable as set forth in § 1-7 of this code. For purpose of calculating the one-year period
under this subsection, the dates of the commission of the offenses shall be the
determining factor.
(b) A violation of § 28-51(b)(1) or § 28-51(b)(2)
shall constitute a misdemeanor and shall be punishable as set forth in § 1-7 of
this code.
(Ord. No. 2004.03,
Sec.
28-14. Permit revocation.
Any
permit issued under this chapter may be revoked by the public works manager on
the basis of violations of this chapter, city code or state law. The public works manager may revoke a permit
upon ten (10) days notice to the permit holder.
The permit holder may request a hearing with the public works manager
prior to the expiration of the ten (10) day notice. Revocation shall be effective on the date set
by the city.
(Ord. No. 2004.03,
Sec.
28-15. Recycling container impoundment.
(a) Any recycling container which is in
violation of this chapter may be removed at the owner’s expense. The public
works manager shall conspicuously attach to the container a notice that
includes:
(1) The city code section which is being
violated; and
(2) The date at which the container will be removed, which date
shall be no sooner than ten (10) days after the posting of the notice, unless
the violation is corrected.
(b) If the city impounds the container, the
owner shall reimburse the city for the cost of the container’s removal and
impoundment. If the owner fails to reimburse the city within sixty (60) days of
its removal, the city may dispose of the container.
(Ord. No. 2004.03,
Sec.
28-16. Penalties for leaving uncontained items at curb
or alley more than ten (10) days prior to scheduled collection week.
(a) Upon notification by the solid waste
section, a resident, owner or occupant shall have ten (10) days after the date
of the notice to remove items placed for collection that do not conform to the
requirements of § 28-51(d). Failure
to remove items as required herein shall be a civil violation, punishable as
set forth in § 28-12. In lieu of
proceeding under § 28-12, the city may correct or abate the condition described
in the notice. The responsible party will be charged for all costs incurred in
correcting the condition. These costs will include personnel, equipment and
disposal.
(b) If
in the opinion of the public works manager the items placed for collection
constitute an imminent health or safety hazard, the city may immediately abate
the hazard without notice.
(Ord.
No. 2004.03,
Secs. 28-17—28-20. Reserved.
ARTICLE
III. AUTHORIZED COLLECTORS
Sec.
28-21. Collection to be by city or
licensed collectors; requirements for issuance of license; terms of license;
enforcement of license requirements.
(a) Only
contractors licensed by the city may collect commercial solid waste within
(1) The city must have satisfactory evidence
that the contractor possesses the necessary equipment and qualifications to
collect, transport and dispose of commercial solid waste in a manner
satisfactory to the city and in conformity with the state or county department
of health laws, rules and regulations;
(2) The contractor desiring a license to
collect commercial solid waste shall submit an application to solid waste
services together with a license bond in an amount established by city council
resolution, and an annual per-vehicle fee in an amount established by city
council resolution. An annual audit may be
performed by the city to establish the contractor's gross receipts from the
collection within the city. The resultant annual fee shall be two percent (2%)
of the gross receipts should such percentage exceed the per-vehicle fee
remitted at the time of application; otherwise, the per-vehicle fee remitted at
the time of application will constitute the annual fee per vehicle;
(3) The
contractor's application shall include the name, business and residence
addresses of all owners, partners, general managers and principal officer, as
well as business references and such other information as deemed necessary; and
(4) Any license granted by solid waste services
shall be nontransferable and may be suspended or cancelled upon failure or
refusal of a licensee to comply with the provisions of this chapter and after
notice and hearing respecting the same. The term of the license shall be for
the fiscal year commencing July 1 and ending June 30. Application for renewal
shall be made at least thirty (30) days prior to expiration of a valid license.
Fees may be prorated monthly on licenses issued during the fiscal year.
(b) The
contractor will be expected to furnish the city with any available equipment to
assist the city in the collection of commercial solid waste during and for any
period of time when the city might be unable to serve any or all of its
commercial customers. The city will pay the contractor for such service based
on the contractor's current standard rates for servicing commercial bulk
containers.
(c) Any person who has a license for the
collection and disposal of solid waste revoked, has been denied a license or
who is affected by any notice issued in connection with the enforcement of any
provision of this chapter, may request and shall be granted a hearing on the
matter before the city council, provided such person shall first file with the
city clerk a written petition requesting such hearing and setting forth a brief
statement of the grounds therefor within ten (10) days after the day the notice
was served. Upon receipt of such petition, the city council shall set a time
and place for such hearing and shall give the petitioner special written notice
thereof. Should the city council concur that there has been a violation of this
chapter, they may take such action as is justified.
(d) All containers must be clearly marked with
the company name and phone number. Containers
of non-permitted companies may not be placed for use in city boundaries.
(Ord.
No. 86.47, § 2,
Sec.
28-22. Insurance and surety bond
required of contractors.
(a) Contractors
will obtain, keep in force and maintain public liability and property damage
insurance in the sum of one million dollars ($1,000,000) for personal injury to
any one person, one million dollars ($1,000,000) for personal injuries
sustained by all persons in any one accident and five hundred thousand dollars
($500,000) with respect to property damage arising from any single occurrence,
to indemnify the contractor for loss by virtue of any disability arising from
his collection, hauling and disposal activities within the city. The city will
be named as co-insured. Evidence of such insurance shall be furnished to the
city at the time of license application and at the time of any renewal.
(b) The
contractor shall provide a cash bond in the amount of five hundred dollars
($500) and in a form acceptable to the city, such bond to be conditioned upon
the payment of any charges incurred by the city in correcting any failure by
the contractor to perform in accordance with the requirements of his license.
(Ord.
No. 86.47, § 2,
Sec.
28-23. Vehicle requirements.
All vehicles used for solid waste collection
within the city must be inspected and approved by the city and meet the
following requirements:
(1) All vehicles must be in good condition and
repair. The bodies shall be of readily cleanable construction, watertight and
metal-lined to the full width and height of the body, with all seams welded;
(2) Vehicles shall be maintained and operated
in a clean and neat manner so as to prevent solid waste from spilling, leaking
and blowing. All vehicles shall have enclosed bodies;
(3) The outside of each vehicle must be clearly
identified by the name and telephone number of the contractor operating the
vehicle; and
(4) Any open-top roll off container must have a
cover which prevents solid waste or contents from spilling or flowing onto the
roadway.
(Ord.
No. 86.47, § 2,
Secs.
28-24—28-30. Reserved.
ARTICLE
IV. CONTAINERS
Sec. 28-31. Containers—Use required; provision by city;
capacity; exception for certain trash.
(a) No
owner, tenant, lessee or occupant of any public or private establishment or
residence shall permit to accumulate upon his premises any garbage except in
tightly covered, portable containers of rust-resistant metal, rubber, plastic
or other similar material meeting the approval of the public works manager.
(b) The
city shall provide containers for all residential establishments and commercial
customers serviced by the mechanized collection system. Where there is an alley
in the rear of residential establishments, the public works manager shall
assign a large city-owned container of three hundred (300) gallons to the
appropriate number of residential establishments. Small city-owned containers
of ninety (90) gallons shall be assigned to residential establishments which
have no alley. Commercial establishments will, under agreement with the city,
receive collection service including the appropriate three hundred (300) gallon
or metal bulk container ranging in size from one to eight (8) cubic yards.
(c) Uncontained
items need not be kept in the above type containers if such items are handled
as provided in § 28-52.
(Ord.
No. 86.47, § 2,
Sec.
28-32. Same—When not provided by city;
number required.
(a) The
owner, tenant, lessee or occupant of a residential establishment not serviced
by the mechanized collection system shall provide his own standard garbage
containers of sufficient number to maintain a clean and sanitary condition on
his premises. Containers shall not be less than ten (10) gallons nor more than
thirty (30) gallons capacity and shall be of standard, tapered, noncorrosive,
nonabsorbent construction. All containers shall have a lid and be equipped with
suitable handles for lifting. Plastic bags are a permissible substitute.
(b) The
owner, tenant, lessee or occupant of any place of business, commercial or
industrial premises not served by the city shall have sufficient containers to
meet their needs.
(Ord.
No. 86.47, § 2,
Sec.
28-33. Same—To be kept sanitary and in
repair; replacement.
(a) Residential
and commercial garbage and recycling containers which are provided by the city
shall be kept in good repair by the city. Containers will be replaced when
found to be no longer serviceable through disrepair. All residential customers
must maintain their city-provided plastic containers in a clean and sanitary
condition.
(b) Non-city-owned
containers shall be kept in good repair by the owner. Such containers found to
be no longer serviceable through disrepair or maintained in an unsanitary
condition shall be condemned for further use. Legal notice of such condemnation
shall consist of a label or tag affixed to the unsatisfactory container.
Receptacles not placed in a satisfactory condition within
ten (10) days shall be removed and destroyed by the city. All customers shall
maintain their alleys and the area surrounding the garbage containers free from
garbage and other health hazards.
(Ord.
No. 86.47, § 2,
Sec.
28-34. Same—Placement for collection;
removal after collection.
(a) All solid waste containers (garbage and recycling) prepared for the city collection service shall be placed at the front curb, unless otherwise designated by the public works department, in an easily accessible manner.
(b) All containers must be placed in such a
manner that the lids open toward the street or alley in order to facilitate
proper dumping of the container by the mechanized collection vehicles.
(c) Containers shall be placed for collection
no earlier than
(d) Containers shall not block the sidewalk or otherwise be a hazard
to pedestrian or vehicular traffic.
(Ord.
No. 86.47, § 2,
Sec.
28-35. Same—Tampering with, removing
prohibited.
(a) No
person shall uncover or cause to be uncovered, tip over or cause to be tipped
over or molest or cause to be molested in any manner any container or garbage legally
placed for removal.
(b) Each ninety (90) gallon city-owned garbage
and recycling container shall be assigned to the property and not to the
occupant of the property. No person who
occupies any property to which the ninety (90) gallon container has been
assigned may remove the container from the assigned property for any reason.
(c) No
person, unless authorized by the public works manager may move or relocate any
three hundred (300) gallon city-owned container from its assigned location.
(Ord.
No. 86.47, § 2,
Sec.
28-36. Containers for commercial
establishments may be supplied by contractors.
(a) Garbage
containers, roll off bodies and compactors may be supplied by the contractor.
All containers, roll off bodies and compactors shall be painted and maintained
in a clean, neat and sanitary manner at all times and shall have the name and
phone number of the contractor identified legibly thereon.
(b) A commercial establishment shall maintain
enough containers to accommodate the solid waste disposal needs of the
establishment as determined by the public works manager.
(c) All
commercial solid waste shall be placed in standard garbage containers or
compactors which shall be placed in inconspicuous places determined by the
public works manager.
(Ord.
No. 86.47, § 2,
Secs.
28-37—28-40. Reserved.
ARTICLE
V. COMMERCIAL COLLECTION
Sec.
28-41. Hours of commercial
collection; failure of contractor to collect solid waste; notice of violation
of chapter.
(a) Commercial
solid waste shall not be removed from commercial or industrial property that is
within five hundred (500) feet of residential development between the hours of
(b) Solid
waste shall not be allowed to collect on any property in unsanitary quantities.
The contractor shall, within eight (8) working hours of a telephoned request by
the city, service containers at specified locations. Should the contractor fail
to respond to the above request and the city elects to empty the containers and
otherwise collect the solid waste, the contractor shall reimburse the city at
double the rates established by city council resolution.
(Ord.
No. 86.47, § 2,
Sec.
28-42. Repealed.
(Ord.
No. 86.47, § 2,
Sec.
28-43. Notice of intent to
commence or terminate service to commercial establishments.
The contractor shall provide the city
with written notice of intent to service any new commercial establishment prior
to commencing service, including the name and address of the commercial
establishment, the ownership, number and size of standard garbage containers
and the days of collection. The contractor shall provide the city with a
written notice of intent to service any existing commercial establishment being
serviced by the city at least thirty (30) days before commencing service,
including the name and address of the commercial establishment, the ownership,
number and size of standard garbage containers to be serviced and the days of
collection. The contractor shall provide the city and the commercial
establishment with thirty (30) days' written notice before discontinuance of
service, and such termination shall be on the first days of the month.
(Ord.
No. 86.47, § 2,
Secs.
28-44—28-50. Reserved.
ARTICLE
VI. SOLID WASTE DISPOSAL
Sec. 28-51. Prohibited disposal.
(a) Any
solid waste which does not comply with the provisions of this chapter will not
be collected by the city and will subject the owner or occupant of the
property, or the owner or occupant of abutting property in the case of
noncomplying solid waste in the right-of-way, to penalties for violation of the
city code.
(b) The
following shall not be placed in city-owned containers or in any alley,
right-of-way, or curbside:
(1) Hazardous wastes;
(2) Septic tank or cesspool pumpings and
similar liquid waste with the exception of semi-liquid waste from city sewer
cleaning equipment; or
(3) Dirt, rock, construction or demolition
material, or non-collectible materials.
(c) Any
person who is in the business of trimming trees, shrubs or brush for
compensation shall be solely responsible for disposal of all brush, tree
trimmings, grass, leaves or similar landscaping or plant material generated in
connection with such activity.
(d) Residents shall not place uncontained items
at curb or alley more than ten (10) days prior to the scheduled collection
week.
(Ord.
No. 86.47, § 2,
Sec.
28-52. Containment and disposal
requirements.
(a) Collection of garbage. All garbage must
be placed in the city-owned containers unless otherwise properly handled as
uncontained items as provided in this section.
(b) Garbage, etc., to be placed in bags. All garbage, grass clippings, leaves, and
similar material shall be placed in plastic bags or other watertight containers
and securely sealed prior to placement in a city-owned container or for
collection.
(c) Collection of uncontained items in areas
not served by or partially served by city. In areas where uncontained items
cannot be entirely handled in city-owned containers or where city-owned
containers are not provided, all items shall be placed next to the property
line parallel to the alley or street in as orderly a fashion as possible. Where there is no alley, uncontained items shall
be placed parallel to the property generating it but shall not be placed around
or adjacent to any mechanized collection container in such a manner as to
interfere with its being emptied. Where an alley is accessible, the uncontained
items shall be placed in the alley parallel to the property generating it. The solid waste division will provide
regularly scheduled collection to remove properly prepared materials from the
alley and along the street.
(d) Special collections of uncontained items.
Residents desiring collection on a schedule other than the city's regular
schedule, or residents desiring collection which is over and above the level of
service provided in this chapter, shall call the public works department to
request this service. The resident shall
pay for the additional service at the rate set by the city council (see
Appendix A Fee Schedule).
(e) Tree trimmings, grass clippings and cactus. Any large trimmings from trees and shrubbery
that cannot be readily placed in containers or bagged as required in subsection
(b) above shall be cut in lengths not to exceed forty-eight (48) inches and
placed in stacks one foot apart, parallel and next to the property generating
it. All grass clippings and leaves must
be bagged. All cactus and parts of
cactus plants shall be placed in a sealed cardboard box and placed separately
from other uncontained items.
(f) Animal waste. Waste from small animals or pets shall be
placed in a bag, securely sealed and placed in the regular garbage containers
for disposal. Wastes from larger animals
such as horses and other livestock kept as pets or for personal pleasure may be
placed out for collection, provided the waste is dry, placed in a plastic bag, securely
sealed, and placed in a garbage container for collection.
(Ord.
No. 86.47, § 2,
Sec. 28-53. Disposal of refuse on public or private
property.
No person shall place or cause to be
placed any solid waste or other materials upon any public or private property
with the city except as specifically permitted in this chapter or at sites
designated by the city council.
(Ord.
No. 86.47, § 2,
Sec.
28-54. Burning garbage.
No person shall burn or attempt to burn
garbage within the city limits.
(Ord.
No. 86.47, § 2,
Sec.
28-55. Building contractors to leave
areas clean.
All
building owners and contractors shall, upon the completion of construction,
remove at their sole cost and expense all trash of every nature, description or
kind which has resulted from the building of such structure, including all
lumber scraps, shingles, plaster, brick, stone, concrete and other building
material.
(Ord.
No. 86.47, § 2,
Sec.
28-56. Accumulating combustible rubbish;
haystacks.
(a) No
person shall place upon or permit to remain upon any roof or in any court,
yard, vacant lot, alleyway or open space any accumulation of wastepaper, waste
hay, grass, straw, weeds, litter or combustible or inflammable waste or rubbish
of any kind. All weeds, grass, vines and other growth which endanger property
or are liable to be fired shall be cut down and removed by the owner or
occupant of the property.
(b) Hay
may be stored in the city where the hay is properly baled and properly stacked;
provided, that storage of hay does not violate the provisions of this code.
(Ord.
No. 86.47, § 2,
Sec.
28-57. Dumping solid waste on streets or
premises prohibited.
No person shall deposit or cause to be
deposited upon any street, alley or premises in the city any garbage, trash or
solid waste of any kind except as specifically permitted in this chapter. It
shall be the duty of all solid waste collection personnel, public or private,
to immediately clean up any refuse spilled during the collection process.
(Ord.
No. 86.47, § 2,
Sec.
28-58. Dead animals.
Dead dogs, cats and other animals
weighing less than seventy-five (75) pounds upon any public way will be removed
and disposed of upon call to the public works department. Dead animals shall not be placed in garbage containers.
Condemned animals or parts of animals from slaughterhouses or similar places
regardless of size will not be collected by the city.
(Ord.
No. 86.47, § 2,
Sec.
28-59. When garbage becomes city
property.
Garbage deposited in city-owned
containers shall become the property of the city, and removal of any garbage shall
be unlawful unless authorized by the public works manager.
(Ord.
No. 86.47, § 2,
Sec.
28-60. Reserved.
ARTICLE
VII. FEES
Sec.
28-61. Collection and dump fees
generally.
(a) Wherever garbage and trash collection
services are needed, the charges for such service shall be established by city
council resolution and payable monthly (see Appendix A).
(b) Single-family
dwelling accounts shall not be eligible to petition the city to temporarily
discontinue solid waste service.
(c) In
the event that any customer shall fail to pay for garbage and trash services as
provided in this chapter, the city is authorized to discontinue water service
or other city services to the property until such time as payment is made.
(d) Charges
for garbage and trash service to newly constructed structures shall commence
upon final inspection and approval of such structures by the city building
inspector or once the property requires service.
(Ord.
No. 86.47, § 2,
Sec.
28-62. Collection and fees for areas
outside city.
(a) Solid
waste services may be rendered to areas outside the city at the option of the
city and subject to termination at any time.
(b) The
fees for collection in such areas shall be one and one-third (1⅓) times
the fee for similar service rendered within the city.
(Ord.
No. 86.47, § 2,
Secs.
28-63—28-70. Reserved.
ARTICLE
VIII. RECYCLING CONTAINERS
Sec.
28-71. Permits required.
It shall be unlawful for any person,
firm or corporation to maintain a recycling container within the city without
having first obtained a city permit.
(Ord.
No. 89.27,
Sec.
28-72. Application.
(a) Applications
for recycling container permits shall be made to the public works department on
a form provided by the department. The
application shall include the following information:
(1) The name and address of the owner or
operator and a telephone number where the owner or operator or an agent of the
owner or operator can be reached; and
(2) The location, size and type of proposed
recycling container.
(b) The
application shall be accompanied by a written statement from the owner of the
property describing where the container is to be placed and granting permission
for the container placement.
(c) If
the application is for the placement of a container on a developed site as a
condition precedent to obtaining a permit under this article, the property
owner must obtain site plan approval from the development services department
with regard to the placement, color, screening, signage and any other condition
of or pertaining to the container as set forth in the Zoning and Development
Code.
(Ord.
No. 89.27,
Sec.
28-73. Containers.
(a) Each
recycling container shall have a firmly closing lid and have a capacity of not
less than three (3) cubic yards and not greater than six (6) cubic yards. The container shall be constructed of painted
metal, rubber, plastic or alternate material with written approval of the
public works manager.
(b) Containers
shall be clearly marked to identify the materials requested to be left for
recycling, the name of the operator or owner of the recycling container, and a
telephone number where the owner, operator or agent of the owner or operator
may be reached at any time. The size of
the sign or markings on any side of the container shall not exceed twenty-five
percent (25%) of the total area of the same side of the container.
(c) The
exterior color of the container shall be a solid color approved by the public
works manager.
(d) No
container shall identify a religious or nonprofit corporation without the
written permission of such religious or nonprofit corporation; said permission
must be submitted at the time application is made for a recycling container
permit.
(Ord.
No. 89.27,
Sec.
28-74. Litter and trash prohibited.
No person shall place any materials in any
recycling container except the materials named on the outside of the
container. No person shall leave any
materials outside of a container.
(Ord.
No. 89.27,
Sec.
28-75. Repealed.
(Ord.
No. 89.27,
Sec.
28-76. Repealed.
(Ord.
No. 89.27,