HomeMy WebLinkAboutOrdinance 1181ORDINANCE NO. 1181
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977,
PERTAINING TO SOLID WASTE
The City of Coltwabia Heights does ordain:
SECTION 1: Section 8.301(1) to 8.301(9), inclusive, of Ordinance 853, City Code of
1977, passed June 21, 1977, which currently reads as follows, to
wit:
Chapter 8 PUBLIC HEALTH AND SAFETY
Article III Garbage and Rubbish
Section 1:
8.301 (1)
Storage Containers
Every person who owns or occupies property within the City for
business, commercial, industrial or residential purposes shall
dispose of all garbage and rubbish, as defined herein, which may
accmmulate upon such property at least once a week.
For purposes of this Code:
(a) garbage shall be defined as organic refuse resulting from the
preparation of food and decayed and spoiled food from any
8.301 (2)
(b) rubbish shall refer to all inorganic refuse matter such as tin
cans, glass, paper, ashes, etc.
Every person responsible under this section, except as otherwise
provided below, for the disposal of rubbish, and garbage shall
provide for the storage of such matter between periods of collection,
one or more fly-tight metal or thermoplastic garbage containers or up
to thirty-tw~ (32) gallon or seventy-five (75) pound capacity. The
containers s~ball be tightly covered to prevent exposure of the
contents to potential fly or vermin infestations, and shall be
provided with handles for ease of lifting.
8.3ol (3)
Notwithstanding the provisions of 8.301 (2), persons responsible
under this section for the disposal of rubbish or garbage at all
apartment structures containing three (3) or more units, and at each
commercial and industrial establishment, or restaurant necessitating
the storage and disposal of garbage and rubbish, shall utilize a vat
service in lieu of the above requirements. Such vats shall be
designed with the proper attachments for lifting onto refuse trucks.
8.301
8.301 (5)
8.3Ol (6)
All acc,~.ulattons of garage and rubbish must be deposited and
contained within the containers as provided in this section, except
that:
(a)
tree limbs with diameters of less than four inches (4") and
lengths of less than four feet (4') tied into bundles, said
bundles not exceeding eighteen inches (18") in diameter;
(b)
leaves, grass or rubbish in water-proof containers (no larger
than permitted 30 gallon garbage can liner size), not exceeding
thirty-five pounds (35 lbs.) in weight;
(c) bundles of newspapers, and magazines tied securely and weighing
less than thirty-five pounds (35 lbs.);
(d) Christm~ trees up to six feet (6') in length (during January);
(e)
small household items including small appliances, tools, and
articles of furniture weighing less than thirty-five pounds (35
lbs.), and
(f)
stone, sod, earth, concrete, and building materials resulting
from repairs and minor remodeling of the residence on the
property at which these materials have been placed along with
carpeting, carpet padding, mattresses, chairs, couches, tables
and other such items of furniture;
shall be placed on pick-up day next to the garbage cans where alley
pick-up is available or at the curb line in areas where no alleys
exist.
Where alleys are platted and open for traffic, garbage cans shall be
placed at the rear of said property adjoining the alley. Where no
alley exists, garbage cans will be kept at or near the back door,
provided, however, that where the back door is not reasonably
accessible from the front yard, the container shall be placed at a
point adjacent to the house which is reasonably accessible to the
front of the house.
Refuse or garbage for co..-zn, ercial and industrial properties shall be
located to the rear property line of the building. Said containers
shall be located i,,~ediately adjacent to the buildings which the
containers serve. The location of the containers shall be in such
proximity to the property so that their appearance will not be
evident from the street.
(a) Where practical, said containers shall be screened by
appropriate fencing and/or shrubbery,
(b) Where it is physically impossible to place the containers behind
the rear line of the main building, the containers shall be
placed as the Council'may require.
8.3Ol (?)
The presence of any garbage or rubbish on any property other than
within a structure permitted by the Zoning Code within the City or in
any container other than that authorized by this section or in the
presence of containers not conforming with the requirements of this
section, except as specifically authorized by this section, shall
constitute an offense punishable under Section §8.301 (9).
8.301 (8) Every householder and every occupant or owner of any dwelling, house,
boarding house, apartment building, or other structure utilized for
dwelling purposes within the City must use the garbage and rubbish
collection service as is made available by contract by the City of
Col~bia Heights and its designated garbage and rubbish hauler.
8.301 (9)
Any person, firm, or corporation who causes any violation of any
provision of this section or who owns, maintains, or has a superior
possessory interest in any real estate where violations of the
provisions of this section exist is guilty of a misdemeanor and, upon
conviction thereof, shall be subject to a fine of not more than
Three Hundred dollars ($300.00) or to imprisonment not to exceed
ninety (90) days, or both, for each offense.
Sh~11 hereafter read as follows, to wit:
Chapter B PUBLIC HEALTH AND SAFETY
Article III GARBAGE, RUBBISH AND RECYCLABLE MATERIAL
Section I: Storage Containers
8.301 (1)
Every person who owns or occupies property within the City for
business, commercial, industrial or residential purposes shall
dispose of all garbage, rubbish and recyclable material as defined
herein, which may accumulate upon such property at least once a
week.
For porposes of this code:
(a) "Garbage" shall be defined as organic refuse resulting.from the
preparation of food and decayed and spoiled food from any
(b) "Rubbish" shall refer to all inorganic refuse matter such as tin
cans, glass, paper, ashes, etc.
(c) "Recyclable M~terials" shall mean all items of refuse designated
by the City Manager to be a part of an authorized recycling
program and which are intended for transportation, processing
and remanufacturing or reuse.
8.3ol (2)
Every person reponsible under this section, except as otherwise
provided below, for the disposal of rubbish and garbage shall
provide for the storage of such matter between periods of
collection, one or more fly-tight metal or thermoplastic garbage
containers of up to a thirty-two (32) gallon or seventy-five (75)
pound capacity. The containers shall be tightly covered to prevent
exposure of the contents to potential fly or vermin infestation and
shall be provided with handles for ease of lifting.
8.30~ (3)
8.30~ (4)
8.30 (5)
One authorized thermoplastic recycling container for the collection
and storage of recyclable material shall be distributed to each unit
in residential buildings of eleven (11) or fewer units. The
authorized recycling container is the property of the City. No
person, firm or corporation, unless authorized by the City Manager,
may remove a recycling container from the premises on which the unit
is located.
Notwithstanding the provision of 8.301 (2), persons responsible under
this section for the disposal of rubbish or garbage at all apartment
structures containing three (3) or more units, and at each co,~,ercial
and industrial establishment or restaurant necessitating the storage
and disposal of garbage and rubbish shall utilize a vat service in
lieu of the above requirements. Such vats shall be designed with the
proper attachments for lifting onto refuse trucks.
All acct~ulations of garbage and rubbish must be deposited and
contained within the containers as provided in this section, except
that:
(a)
tree limbs with diameters of less than four inches (4") and
lengths of less than four feet (4') tied into bundles, said
bundles not exceeding eighteen inches (18") in diameter;
(b)
leaves, grass or rubbish in water-proof containers (no larger
than permitted 30 gallon garbage can liner size), not exceeding
thirty-five pounds (35 lbs.) in weight;
(c) bundles of newspapers and magazines tied securely and weighing
less than thirty-five pounds (35 lbs.);
(d) Christm~ trees up to six feet (6') in length (during January);
(e)
small household items including small appliances, tools, and
articles of furniture weighing less than thirty-five pounds (35
lbs.); and
(f)
stone, sod, earth, concrete, and building materials resulting
from repairs and minor remodeling of the residence on the
property at which these materials have been placed along with
carpeting, carpet padding, mattresses, chairs, couches, tables
and other such items of furniture.
shall be placed on pick-up day next to the garbage cans where alley
pick-up is available or at the curb line in areas where no alleys
exist.
Where alleys are platted and open for traffic, garbage can~ ah&Il b~
placed at the rear of said property adjoining the alley. Where no
alleys exists, garbage cans will be kept at or near the back door;
provided, however, that where the back door is not reasonably
accessible from the front yard, the container shall be placed at a
point adjacent to the house which is reasonably accessible to the
front of the house. All authorized City recycling containers shall
be placed at the curb line on pick-up day regardless of existing
alleys.
8.3Ol (6)
8.301 (7)
8.3D1 (8)
8.301 (9)
Refuse or garbage for oo,,,ercial and industrial properties s~ll be
located to the rear property line of the building. Said containers
shall be located i~nediately adjacent to the buildings which the
containers serve. The location of the containers shall be in such
proximity to the property that their appearance will not be evident
from the street.
(a) Where practical, said containers shall be screened by
appropriate fencing and/or shrubbery.
(b)
Where it is physically impossible to place the containers behind
the rear line of the main building, the containers shall be
placed as inconspicuously as possible along the side or front of
the building with appropriate screening or in such place as the
Council may require.
The presence of any garbage or rubbish on any property other than
within a structure permitted by the Zoning Code within the City or in
any container other than a container authorized by this section or in
the presence of containers not conforming with the requirements of
this section, except as specifically authorized by this section,
shall constitute a public nuisance under this section and shall
constitute an offense punishable under Section 8.301 (9).
Every household and every occupant or owner of any dwelling, house,
boarding house, apartment building, or other structure utilized for
dwelling purposes within the City must use the garbage and rubbish
collection service as is made available by contract by the City of
Col~bia Heights and its designated garbage and rubbish hauler.
Any person, firm or corporation who causes any violation of any
provision of this section or who owns, maintains, or has a superior
possessory interest in any estate where violations of the provisions
of this section exist is guilty of a misdemeanor and, upon conviction
thereof, shall be subject to a fine of not more that Seven Hundred
dollars ($700.00) or to imprisonment not to exceed ninety (90) days,
or both, for each offense.
SECTION 2:
Section 5.605 (1) to 5.605 (7), inclusive, of Ordinance No. 853,
City Code of 1977, passed June 21, 1977, which reads as follows,
to wi~:
SECTION V
5.605 (1)
GARBAGE COLLECTION
No person shall engage in or conduct the business of collecting
garbage or rubbish without a license issued pursuant to the
provisions of this chapter.
5.605 (2)
a)
b)
For purposes of this section, the below-named words shall have
the maanings ~scribed £o.them.
"Garbage" shall mean organic refuse resulting from the storage
or preparation of food and decayed or spoiled food from any
source.
"Rubbish" shall mean all inorganic refuse, such as, but not
limited to, tin cans, glass, paper, and ashes.
Application for a license under this section shall include a
statement describing all equipment and vehicles to be used in
the course of business together with any identifying license or
serial numbers. The application shall further indicate the
place or places where the garbage and rubbish will be disposed
of.
5.605 (4)
After a license application is approved by the Council, the
applicant shall present proof to the Clerk of insurance on each
vehicle with an insurance company licensed to transact business
in this state. The limits of such policy shall be One Hundred
Thousand Dollars for bodily injuries to or death of one person,
and Two Hundred Thousand Dollars for any one accident resulting
in injuries and/or death to more than one person, and a total
of Ten Thousand Dollars liability for damages to property of
others arising out of any one accident.
The applicant shall also present proof to the Clerk of
Contractor's public liability insurance with an insurance
company licensed to transact business in this state. The
limits of such policy shall be Twenty Thousand for any one
person, Forty Thousand for any one accident, property damage of
Five Thousand, and with a maximum total liability of Fifty
Thousand.
5.6O5 (5)
5.6C5 (6)
5.605 (7)
5.6O5
5.605
Licensees shall provlde a covered receptacle for the storage of
collected refuse. The receptacle sb~ll be constructed so that the
stored contents will not leak or spill therefrom. The receptacle
shall be kept as clean and free from offensive odors as possible.
Licensees under this section shall be required to make all
collections between the hours of 6:00 A.M. and 10:00 P.M., and shall
make collections in a m~nner that will minimize traffic disruption.
Each licensee shall comply with all ordinances of the City and with
any regulations promulgated by the Health Authority establishing
standards of health and sanitation in the City.
The licensee under this section, or any employee thereof, shall
issue a notice to all customers and users of the licensee's services
whenever garbage and rubbish removal is not effected in accordance
with the terms of the contract between the City and the licensee.
Such notice shall indicate the reason for failure to collect the
garbage or rubbish, and a copy of said notice shall be filed with the
Cle4-k.
Shall hereafter read as follows, to wit:
No person shall engage in or conduct the business of collecting
garbage, rubbish or recyclable materials without a license issued
pursuant to the provision of this chapter.
For the purposes of this section, the below-named words shall have
the meaning ascribed to them.
(a) "Garbage" shall mean organic refuse resulting from the storage
or preparation of food and decayed or spoiled food from any
SOurce.
(b) "Rubbish" shall mean all inorganic refuse, such as, but not
limited to, tin cans, glass, paper, and ashes.
(c) "Authorized Recycling Program" shall mean a program for the
collection and recycling of recyolable materials which are
instituted, sponSOred, authorized or controlled by the City.
(d) "RecyclableMaterials" shall mean all it~ of garbage and
rubbish designated by the City Manager to be a part of an
authorized recycling program and which are intended for
transportation, processing and remanufacturing or reuse.
5.6O5 (3)
5.6O5 (q)
5.605 (5)
5.6O5 (6)
5.605 (7)
(e) "Scavenging" shall mean the unauthorized collection of
recyclable materials that have been set out by residents of
the City specifically for participating in curbside recycling
Application for a l~cense under this section shall include a
statement describing all equipment and vehicles to be used in the
course of business together with any identifying license or serial
n,,,bers. The application shall further indicate the disposition
site for the garbage, rubbish and recyclable materials.
After the license application is approved by the Council, the
applicant shall present proof to the Clerk of insurance on each
vehicle with an insurance company licensed to transact business in
this state. The limits of such policy shall be Two Hundred Thousand
dollars ($200,000.) for bodily injuries to or death of one person,
and Six Hundred Thousand dollars ($600,000.) for any one accident
resulting in injuries and/or death to more than one person, and a
total of Fifty Thousand dollars ($50,000.) liability for damages to
property of others arising out of any accident.
The applicant shall also present proof to the Clerk of Contractor's
public liability insurance with an insurance company licensed to
transact business in this state. The limits of such policy shall be
T~o Hundred Thousand dollars ($200,000.) for any one program, Six
Hundred Thousand dollars ($600,000.) for any one accident, and
property damage of Fifty Thousand dollars ($50,000.).
Licensees shall provide a covered receptacle for the storage of
collected solid waste. The receptacle shall be oonotructed so that
the stored contents will not leak or spill therefrom. The
receptacle shall be kept as clean and free from offensive odors as
possible.
Licensees under this section shall be required to rake all
collections between the hours of 6:00 A.M. and 10:00 P.M. and shall
make collections in a manner that will minimize traffic disruption.
Each licensee shall comply with all ordinances of the City and with
any regulations promulgated by the Health Authority establishing
standards of health and sanitation in the City.
The licensee under this section, or any employee thereof, shall
issue a notice to all customers and users of the licensee's services
whenever garbage, rubbish and recyclable materials removal is not
effected in accordance with the terms of the contract between the
City and the licensee. Such notice shall indicate the reason for
failure to collect the garbage, rubbish, or recyclable materials, and
a copy of said notice shall be filed with the Clerk.
5.60~ (8)
5.605 (9)
It~ designated for recycling shall be listed by the City Manager
to be part of an authorized recycling program.
Ownership of recyclable materials set out for the purpose of
participating curbside recycling programs shall remain with the
person who set out the materials until removed by the authorized
collector. The person who set out the material is totally
responsible for their proper preparation, handling and storage.
Ownership and reponsibility for the proper handling of the
recyclable materials shall vest in the authorized collector upon
removal thereof by the collector.
SECTION 3: Section 5.701 of the City Code of 1977, p~ssed June 21, 1977, which
currently reads as follows, to wit:
Chapter V COPIiERCIAL LICENSING
Article VII Compliance
Section 1: Violations
5.701 (1)
Any person, firm, or corporation who violates or refuses to
comply with any of the provisions of this chapter; engages in
or operates any business in violation of the provisions of this
chapter; engages in or violates the restrictions imposed upon
any licensee under this chapter; engages in, participates in,
or operates any of the businesses described in this chapter
without having first obtained a license therefor; or engages in,
participates in, or operates any of the businesses described in
this chapter after a license therefor has expired is guilty of
a misdemeanor and, upon conviction thereof, shall be subject to
a fine of not more than Three hundred dollars ($300.00) or to
imprisonment not to exceed ninety (90) days, or both, for each
offense. Each day that a violation exists shall constitute a
separate offense.
5.70 (2)
Any person, firm, or corporation who provides false information,
makes a material misrepresentation, or fails to disclose material
information under the provisions of Section 5.101 (2) of this
Code is guilty of a misdemeanor and, upon conviction thereof,
shall be subject to a fine of not more than Three hundred dollars
($300.00) or to imprisonment not to exceed ninety (90) days, or
both, for each offense.
hereafter read as follows, to wit:
Chapter 5 ~RCIAL LICENSING
Article VII Compliance
~ection 1: Violations
5.?o (1)
Any person, firm, or corporation who violates or refuses to comply
with any of the provisions of this chapter; engages in or operates
any business in violation of the provisions of this chapter; engages
in or violates the restrictions imposed upon any licensee under this
chapter; engages in, participates in, or operates any of the
businesses described in this chapter without having first obtained a
license therefor; or engages in, participates in, or operates any of
the businesses described in this chapter after a license therefor
has expired is guilty of a misdemeanor and, upon conviction
thereof, shall be subject to a fine of not more than Seven Hundred
dollars ($700.00) or to imprisonment not to exceed ninety (90) days,
or both, for each offense. Each day that a violation exists shall
constitute a separate offense.
5.701 (2)
Any person, firm, or corporation who provides false information,
makes a material misrepresentation, or fails to disclose material
information under the provisions of Section 5.101 (2) of this Code
is guilty of a misdemeanor and, upon conviction thereof, shall be
subject to a fine of not more than Seven Hundred dollars ($700.00)
or to imprisonment not to exceed ninety (90) days, or both, for each
offense.
5.701 (3)
Any person, firm, or corporation who shall take, collect, or
scavenge recyclable material set out for the authorized collection
program within the City, without having first been licensed
hereunder to do so, is guilty of a misdemeanor, and, upon conviction
thereof, shall be subject to a fine of not more than Seven Hundred
dollars ($700.00) or to imprisonment not to exceed ninety (90)
days, or both, for each offense.
~ECTION 4: This Ordinance shall be in full force and effect from and after
thirty days after its passage.
First reading:
Second reading:
Date of passage:
March 13, 1989
March 27, ]989
March 27, ]989
Offered by: Hadtrath
Seoonded by: Pet koff
:Roll 0~11: All ayes
Anne Student, CouneFi-Secretary
H~ t~ra~th, Mayor