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HomeMy WebLinkAbout~Master - Revising Regulations Pertaining to the Disposal of Garbage ORDINANCE NO. 3111 AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY REPEALING SECTIONS 10.1, 10.3, 10.4, 10.5, 10.6, 10.7, 10.8, 10.9, 10.11, 10.12, 10.13, 10.14, 10.16, 10.18, 10.20, 10.21 AND READOPTING SAID SECTIONS FOR THE PURPOSE OF REVISING REGULATIONS PERTAINING TO THE DISPOSAL OF GARBAGE, REFUSE AND YARD WASTE; PROVIDING A PENALTY AND ESTABLISHING AN EFFECTIVE DATE. BE IT ORDAINED, by the City Council for the City of Ames, Iowa: Section One. The Municipal Code of the City of Ames, Iowa is hereby amended by repealing sections 10.1, 10.3, 10.4, 10.5, 10.6, 10.7, 10.8, 10.9, 10.11, 10.12, 10.13, 10.14, 10.16, 10.18, 10.20, 10.21 and re-enacting the same revised to read as follows: "Sec. 10.1. DEFINITIONS. As used in this chapter, the following words shall have the meanings ascribed to them as follows: (1) "Garbage" means every waste accumulation of animal, fruit or vegetable matter, liquid or otherwise, that attends the preparation, use, cooking, dealing in or storing of meat, fish, fowl, fruit or vegetables, and including tin cans or similar food containers. Dead animals are not included in the term garbage. (2) "Refuse" means all other miscellaneous waste materials except "yard waste" not specifically defined as garbage. (3) "Yard Waste" means debris such as grass clippings, leaves, garden waste, brush and trees. "Yard Waste" does not include tree stumps. Sec. 10.3. GARBAGE AND REFUSE TO BE PLACED IN RECEPTACLE; REQUIREMENTS. It is unlawful for any person to deposit or place any garbage or refuse in any street, alley, lane, public place or private property outside of buildings, within the city, unless the same is enclosed in a water-tight receptacle provided with a tight-fitting cover. Sec. 10.4. HOUSEHOLD TO FURNISH GARBAGE RECEPTACLE; MAINTENANCE; GARBAGE TO BE WRAPPED. The proper receptacle for the receiving and holding of garbage shall be furnished by the householder or the occu- pant of any building or place of business and shall be kept covered and in a sanitary condition at all times. Sec. 10.5. OVER-FILLING RECEPTACLES. It is the duty of every person using or maintaining a garbage or refuse receptacle to cause the same to be emptied of its contents before it is so full that the cover will no longer fit tightly. Sec. 10.6. LOCATION OF RECEPTACLE. All garbage and refuse shall be delivered by the house- holder or the occupant of any building or place of business to the ground level for collection, and the receptacle therefore must be kept in a location convenient for collection. Sec. 10.7. PREPARATION FOR COLLECTION. Containers of garbage, refuse and/or yard waste shall not weigh more than 65 pounds when set out for collection. Brush and tree trimmings shall be securely tied in bundles not more than four feet in length and not more than two feet in diameter. The bundles shall be bound by means of hemp, sisal, cotton or other non-metalic biodegradable cord materi- al. No single piece of brush or tree trimmings shall be more than three inches in diameter. Yard waste shall be separated from garbage or refuse. Yard waste shall not be mixed with garbage or refuse. Sec. 10.8. MANNER OF GARBAGE AND REFUSE DISPOSAL. Garbage and refuse shall be disposed of by householders or other occupants of any building or place of business as hereinafter provided: (1) Garbage. Garbage shall be disposed of as follows: (a) By delivery to a licensed collection agency; (b) By hauling to a city-operated disposal facility providing that the containers and vehicles used in transportation conform to the requirements of this chapter; 2 (c) By disposal through an in-sink garbage disposal unit directly to the public sanitary sewer system; (d) By incineration in an incinerator that meets State and Federal regulations. (2) Refuse. Refuse shall be disposed of as provided for in subsections (1)(a), (1)(b) or (1)(d) above. (3) Yard Waste. Yard Waste shall be disposed of as follows: (a) As provided for in subsection (1)(a), (1)(b) or (1)(d) above; (b) By composting done in accordance with state regula- tions; (c) Dried grass trimmings, dried leaves and paper only may be incinerated on private property in such manner that such fires will be safely confined at all times under all conditions. Such incineration may only be performed between the hours of 6:00 a.m. and 8:00 p.m. and by 8:00 p.m. all fires must be completely extinguished so that no burning em- bers remain or smoke or gas emit therefrom. (d) By any other means authorized by State of Iowa Yard Waste Management regulations. Sec. 10.9. DEPOSITING GARBAGE, YARD WASTE, REFUSE IN STREETS, ALLEYS, ETC. , PROHIBITED; EXCEPTION. (1) It is unlawful for any person to deposit or place any garbage, yard waste, or refuse in any street, alley, lane, public place, private property or any body of water within the city; or, to permit garbage, yard waste or refuse to remain for more than ten days on private prop- erty that is under one's ownership, possession or con- trol. However, garbage, refuse or yard waste may be placed on the untraveled portions of streets, alleys, lanes, public places and on private property to be hauled away if the garbage, refuse or yard waste is kept in the manner prescribed in this chapter. Yard waste may be retained more than ten days if composting is being com- pleted. (2) It is unlawful to place garbage, refuse or yard waste on the private property of another, or into another's gar- bage, refuse or yard waste containers for the purpose of being hauled away. 3 Sec. 10.10. LICENSE TO COLLECT OR HAUL GARBAGE AND REFUSE REQUIRED. It is unlawful for any person to collect or haul garbage or refuse within the city except from their own residence or business property without first obtaining a license from the city. Sec. 10.11. LICENSE APPLICATION; APPROVAL. An application for a license to collect or haul garbage or refuse shall be made to the office of the city clerk on forms provided by that office. The applicant shall file with the application a certificate or affidavit of insurance as hereinafter set forth and shall pay the required license fee. Upon receipt of application properly executed, the city clerk shall refer the same to the city manager for approval before issuing the license. Sec. 10.12. INSURANCE AFFIDAVIT; CONTENTS; LIABILITY COVERAGE. (1) Contents. The certificate or affidavit of insurance to be filed with the application for a license hereunder shall be executed by representatives of a duly qualified insurance company evidencing that the insurance compa- ny has issued liability and property damage insurance policies covering the following: (a) All operations of the applicant, or any other person employed by the applicant in garbage and refuse collection within the corporate limits of the city; (b) The disposal of the garbage and refuse to and within any area designated as a sanitary landfill by the city; (c) Protecting the public and any person from injuries or damages sustained by reason of carrying on the work of garbage and refuse collection and disposal. (2) Applicant shall procure and maintain, for the duration of the license period, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the function for which the license is issued. Applicant shall furnish the City of Ames with certifi- cates of insurance evidencing the following coverages: (a) Comprehensive General Liability with limits of no less than $1,000,000 combined single limits per 4 occurrence for bodily injury, personal injury and property damage. (b) Automobile Liability with limits of no less than $1,000,000 combined single limits per occurrence for bodily injury, personal injury and property damage. (c) Worker's Compensation and Employee's Liability as required by the laws of the State of Iowa. The approved certificate must be on file in the office of the City Clerk before a license will be issued. The insurance policy shall run concurrently with the license period. Sec. 10.13. INSPECTION OF APPLICANTS' EQUIPMENT. The City Clerk's office shall arrange an inspection of the applicant's equipment proposed to be used and shall notify the applicant of said date for inspection. The City Sanitarian will make the inspection of the applicant's equip- ment proposed to be used, the pick-up service to be main- tained and the methods of operation; and if they meet the requirements herein specified, the city manager shall file approval with the city clerk. Sec. 10.14. LICENSE ISSUANCE, EXPIRATION. Upon receipt of approval from the city manager, the filing of the proper certificates of insurance, the payment of the license fee, and satisfactory inspection of equipment, the city clerk shall issue the applicant a license. All licenses shall expire on December thirty-first of the year of issue. Sec. 10.16. LICENSE RENEWAL. The annual license of all persons licensed under this chapter shall be renewable upon completion of the requirements outlined in Section 10.14 above. Sec. 10.18. FREQUENCY OF COLLECTION. (1) Licensed haulers shall collect garbage and refuse from residential customers not less than two (2) times per week, except that for a residence that is scheduled for collection on a day which is also a holiday observed by garbage collectors and garbage collector employees, collection from said residences need be made only once during the week of such holiday. (2) Collections of garbage from hotels, restaurants, clubs, boardinghouses or other places of like character where considerable garbage is produced daily shall be made on 5 each week day except for those days which are holidays as described in subsection (1) . (3) Licensed haulers shall collect their customer's yard waste at least once each week. Sec. 10.20. COLLECTOR TO MAINTAIN PICK-UP SERVICE; SERVICING OF COMPLAINTS. Each licensed collector shall maintain an adequate and prompt pick-up service. Collector must pick up materials if service payments are up to date and the material is properly presented in accordance with these regulations. The collector shall service all complaints from patrons on missed service and improper handling. Such service shall be promptly avail- able for service complaints from the office of the city manag- er for any material improperly deposited within the limits of streets or highways during transit. Sec. 10.21. DISPOSAL FACILITIES ESTABLISHED; UNLAWFUL TO USE OTHER AREAS, PENALTY. There are hereby established official disposal facilities at such place or places as the city council may direct where garbage, refuse and yard waste shall be disposed of within the City of Ames. It shall be unlawful to dispose of garbage, refuse or yard waste in any other place. The disposal facili- ties are for the exclusive use of the residents of the incor- porated limits of the City of Ames and residents of such areas which have by contract with license from the City of Ames obtained the right to use such facilities. The use of these facilities may be refused to any and all other persons. Violations of this section or section 10.9 shall be a munici- pal infraction punishable by a minimum fine of not less than $100 for the first offense and $200 for each repeat viola- tion." Section Two. Violation of the provisions of this ordinance shall constitute a municipal infraction, punishable as set out in Section 1.9, Ames Municipal Code or as more specifically provided herein. Section Three. This ordinance shall be in full force and effect from and after its passage and publication as required by law. Passed this 11th day of December 1990. Nan y Dioni / , City Clem arry R Curtis, Mayor 0136 6