The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Garbage means all organic household wastes, offal, animal and vegetable matter, such as has been prepared or intended to be used as food, or which shall have resulted in the preparation of food and like matter from wholesale and retail grocers, mercantile establishments, warehouses, poultry houses, cold storage plants, stores and stands, restaurants, eating houses and apartments.

Other debris means all washrack residue, earth, wastes from building construction and/or remodeling, human and/or animal waste, items longer than four feet and/or heavier than 75 pounds and other objects or substances not defined in this section as refuse.

Rubbish means combustible and noncombustible materials, such as wood, tree branches, not to exceed four feet in length and two inches in diameter, which shall be tied in bundles not to exceed the length, weighing not more than 75 pounds, yard trimmings, wood furniture and bedding, metals, dirt, small quantities of rock and pieces of concrete and ashes contained as residue from fires.

Solid waste means all garbage, trash and rubbish.

Trash means those combustible and noncombustible waste materials from normal household, store and institution use, such as paper, cartons, boxes, excelsior, tin cans, glass and contents of litter receptacles.

(Code 1988, § 7-303; Code 2016, Sec. 74-1)

(a)   In this section the term “waste” means any dirt, filth, garbage, refuse or litter, except such as is deposited for collection pursuant to this chapter.

(b)   The place in the rear of any business lot, house or mercantile establishment, between the rear of the building and the alley lines, shall at all times be kept clean and clear of all waste. The occupants of the ground floor of any such business house or mercantile establishment are hereby charged with the duty of keeping the space clean, except such refuse or filth deposited by other occupants of the building, whose duty it shall be to remove such refuse or filth.

(c)   The owner of the ground floor or the occupant, if the building is not occupied by the owner of the ground floor, or the owner or occupant of any dwelling house, shall be charged with the duty of keeping the alley clean and free from waste.

(d)   In the months of April and October of each year, owners, or if not occupied by the owners, the occupants of any real property in the city shall cause the premises to be cleaned up of all waste and shall cause the waste to be removed out of the city.

(Code 1988, § 7-202:204; Code 2016, Sec. 74-2)

The collection of refuse matter in or in the vicinity of any dwelling or place of business, such as swill, dirty slops, waste of meat, fish, shells, bones, decaying vegetables, dead carcasses, excrement of any kind or any other material that may be decomposed, or any trash, cans, wastepaper or other material that may harbor, hold or conceal insects, or aid in the distribution of dust by blowing about shall be considered a nuisance and dangerous to the health of the inhabitants of the city, and must be removed or disposed of in such manner as not to be offensive or dangerous to public health or safety.

(Code 1988, § 7-206; Code 2016, Sec. 74-3)

All stables, stable yards and feed yards within the city shall be kept clean. No manure shall be allowed to accumulate at any private stable or yard. When necessary to remove such manure it shall be done in the least offensive manner and in such a way that none of it shall be dropped or scattered in any street, alley or passageway within the limits of the city.

(Code 1988, § 7-207; Code 2016, Sec. 74-4)

The governing body of the city hereby creates a refuse utility for the purpose of:

(a)   Collection of solid waste from residential properties within the corporate limits of the city;

(b)   The authorizing of charges to be made for such residential solid waste pickup and disposal services;

(c)   The payments of certain charges to the county for the operation of a county landfill facility in which city solid waste is disposed;

(d)   The charging of certain fees to commercial and industrial customers, as set forth elsewhere in this article, with the charges to be remitted to the county or a portion thereof retained by the city for administrative charges; and

(e)   The licensing of commercial trash or solid waste haulers operating within the city shall hereby be authorized.

(Code 1988, § 7-301; Code 2016, Sec. 74-36)

(a)   It shall be the responsibility of the city refuse department to pick up no less than twice weekly, except in case of a holiday and/or inclement weather, solid waste from each residential property within the city limits.

(b)   It shall be the responsibility of each commercial, industrial, school, church, hospital, clinic or similar generators of solid waste to remove all solid waste from their premises no less than twice weekly.

(c)   It shall be the duty of the owner and tenant on each lot or parcel of land or ground within the corporate limits of the city to keep such premises free and clear of all classes of refuse, garbage and trash, and other substances dangerous to the public health, sanitation and welfare of the community.

(d)   Residential pickup within the fire limits shall be made by commercial hauler unless the resident is a single-family dwelling unit currently being serviced by the city.

(Code 1988, § 7-302; Code 2016, Sec. 74-37)

Except as provided in section 15-1406(d), the city shall collect and dispose of residential refuse as a municipal function, and no person shall engage in the business of collecting and disposing of residential solid waste refuse.

(Code 1988, § 7-308; Code 2016, Sec. 74-38)

(a)   Every person in possession, charge or control of any place in or from which garbage or trash accumulates shall provide, or cause to be kept or provided, containers specifically designed for the storage of garbage and trash.

(b)   No person shall deposit, throw, place or leave any refuse upon any property, public or private, in the city, including the premises which such person may own or be in possession of.

(c)   All trash to be deposited by a residential customer for pickup by the city shall only be deposited in plastic bags labeled or otherwise identified as garbage bags and in suitable containers as noted below. Residential customer should furnish for the storage of garbage and trash, separate watertight containers, with tightfitting lids or covers and handles. No single bag or container, when filled with trash and wrapped garbage, shall have an overall weight in excess of 75 pounds, including both container and contents thereof. Containers without handles or lids such as 55-gallon drums are not acceptable due to the difficulty of picking them up and they too often exceed the weight limits.

(d)   Each customer shall drain all surplus water from garbage and wrap such garbage in a plastic garbage bag before depositing such garbage for pickup.

(e)   All such containers shall be kept clean and sanitary by the owner and user thereof.

(f)    All garbage placed for pickup shall be located on the parking area, street or alley as designated by the city, and shall be so located so as to permit the easy removal of contents and be easily accessible to the refuse collector.

(g)   For houses with curbside pickup, trash cans should be placed at the curb no earlier than 12 hours before the pickup time, and removed from the curb to a point behind the building line no later than 12 hours after pickup.

(Code 1988, § 7-304; Ord. No. 3254; Ord. No. 3414; Ord. No. 3453; Code 2016, Sec. 74-39)

All objects or substances defined as other debris shall not be placed in any refuse container, but shall be accumulated, subject to existing city ordinances, in a suitable place on the premises of the owner or occupant for removal at the owner’s or occupant’s expense, or during the twice yearly pickup provided for by the city during April and October each year for such items.

(Code 1988, § 7-306; Code 2016, Sec. 74-40)

Commercial, industrial and similar generators of solid waste shall be responsible for tightfitting and adequately sized containers for their premises to prevent the blowing of trash or the creation of unhealthful sanitary conditions.

(Code 1988, § 7-307; Code 2016, Sec. 74-41)

(a)   The residential solid waste collection rate will be $15.00 per month per unit, based on evidence of residential electrical service, added to the monthly utility bill.

(b)   The charges for refuse collection and disposal shall be made at the same time and in the same manner as the charges for utility services offered and furnished by the city. Such charges shall be due and payable at the same time and place as charges for utility services are due and payable.

(c)   All money collected under subsection (a) shall pay for cost of operation of the refuse collection including, but not limited to, salaries, operations of equipment and to provide funds for the replacement of wornout equipment.

(Code 1988, §§ 7-315, 7-317; Ord. No. 3066, Code 2016, Sec. 74-72; Ord. 3516)

Every residential unit and every business having electric service shall be presumed to have solid waste refuse. Physical occupation of a residential unit shall be sufficient evidence of solid waste being generated and the occupant thereof shall be subject to the charges set forth in this article. Contractors or owners having electric service connected for either a residential or business unit for construction, repair, maintenance between tenants or redecorating shall be charged in accordance with section 15-1411. Owners or tenants of residential units who are not physically occupying the units by reason of being in nursing homes or away from their residence for periods of 30 consecutive days or more, shall be deemed to be not generating solid waste and shall not be charged therefor.

(Code 1988, § 7-318; Code 2016, Sec. 74-73)

Refuse collectors must:

(a)   Comply with all applicable city, state and federal laws, pertaining to motor vehicle registration and operation;

(b)   Have a properly charged ABC chemical fire extinguisher, having a minimum capacity of ten pounds; and

(c)   Be constructed so as to prevent the splashing or spilling of any of the substances therein contained, upon the streets, alleys or public ways.

(Code 1988, § 7-312; Code 2016, Sec. 74-76)

A commercial solid waste refuse collection license holder shall maintain all operations and equipment substantially as provided in section 15-1413.

(Code 1988, § 7-313; Code 2016, Sec. 74-77)

(a)   Commercial, industrial, hospital, clinic, etc., solid waste pickup and disposal by a private hauler will be done only by a duly authorized licensed hauler. The license shall be issued by the city clerk for permission to operate on the public streets, alleys and right-of-way within the corporate limits.

(b)   Those persons not regularly engaged in the operation of a solid waste disposal business will not be required to hold a city license.

(Code 1988, § 7-309; Code 2016, Sec. 74-111)

(a)   Applications for licenses to collect solid refuse within the city shall be submitted in writing to the city clerk. A nonrefundable filing fee in an amount established in the city’s fee resolution shall accompany each application. Each application shall include the following:

(1)   Name and address of applicant;

(2)   Description of the service to be provided;

(3)   Schedule of charges to be made;

(4)   Inventory and description of all equipment to be used;

(5)   List of all employees who will operate vehicular equipment, with a statement from each such employee that the employee possesses a valid commercial chauffeur’s license, issued pursuant to the laws of the state;

(6)   A statement that if the permit is granted by the city, the permit holder will:

(A)  Not discriminate against any employee or against any applicant for employment in violation of state or federal law;

(B)  Pay wages to all employees at rates not less than the minimum wage as may from time to time be established by legislative bodies of competent jurisdiction;

(C)  Comply with all applicable laws, ordinances and codes of the state and the city;

(7)   Provide such other information as may be required, in writing by the city.

(b)   The applicant shall furnish to the city clerk the following: Certificate of general liability insurance for the term of the permit in the minimum amount of $500,000.00. Such policy may be written to allow the first $100.00 of property damage to be deductible. Insurance certificates shall provide that they cannot be canceled until ten days after written notice of such cancellation has been filed with the city clerk.

(c)   The applicant shall make available all equipment listed under this section for inspection at a time and place designated by the city superintendent at which time the city superintendent or the designated alternate of the city superintendent shall sign application showing fulfillment of provisions of section 15-1413.

(Code 1988, § 7-310; Code 2016, Sec. 74-112)

The city clerk will issue a nontransferable solid waste refuse collection license for the balance of the calendar year, whenever the applicant has furnished the city all acceptable information, data and certificates provided for elsewhere in this article.

(Code 1988, § 7-311; Code 2016, Sec. 74-113)

Application for license renewals under this division shall be received on or before January 1 each year or within the ten-day grace period. Any license not renewed in the prescribed time shall be void. In no event shall a license be issued until the license fee has been paid and proof of proper insurance is obtained.

(Code 1988, § 7-314; Code 2016, Sec. 74-114)

Violation of any city, state or federal laws and/or noncompliance with any requirement of this article shall be considered adequate grounds for revocation of the solid waste refuse collection license granted under this article.

(Code 1988, § 7-314; Code 2016, Sec. 74-115)