TITLE 8. HEALTH AND SAFETYTITLE 8. HEALTH AND SAFETY\Chapter 8.04 Garbage, Rubbish And Solid Waste

As used in this chapter:

A.    “Commercial establishment” means mercantile, industrial, business, assembly, public, institutional and all other establishments commonly designed as such or commonly considered nonresidential.

B.    “Residence” means a dwelling unit such as a home, mobile homes, multifamily dwellings containing one or two dwelling units, and not including hotels or motels or multifamily dwellings with three or more dwelling units. Each unit of a multifamily dwelling should be considered a separate dwelling unit for the purpose of billing.

C.    “Solid waste” includes residential solid waste, garbage or food waste, rubbish, trash, and industrial waste:

1.    “Garbage or food waste” means animal, vegetable or mineral matter derived from the preparation or packaging of foodstuffs.

2.    “Industrial solid waste” means any waste resulting from commercial or industrial operations.

3.    “Residential solid waste” means garbage, refuse, rubbish, trash, etc., resulting from the normal household activities.

4.    “Rubbish and trash” means combustibles such as paper, wood, yard trimmings, leaves, etc., and noncombustibles such as metal, glass, stone, dirt; also, tree stumps, tree trunks or tree trimmings, lumber, bricks and other residue from demolition of buildings, and automobile or machinery parts from wrecked vehicles.

(Ord. 594 § 1, 1975)

The city manager is authorized to formulate reasonable rules and regulations, subject to approval by the governing body, necessary to carry out the provisions of this chapter.

(Ord. 594 § 13, 1975)

A.    There shall be absolutely no outside open burning of any refuse, including garbage and trash as defined in this chapter, and also including waste products resulting from building operations or solid waste resulting from industrial operations, or any tree stumps, tree trunks or tree trimmings, without first obtaining a special permit from the city clerk.

B.    Nothing in this chapter is intended to prevent the use of outdoor barbecues, fireplaces or stoves for cooking food, if so constructed, attended and used as to prevent hazards from fire and public nuisances to the inhabitants of the city.

(Ord. 594 § 2, 1975)

No person, firm or corporation shall engage in the business of collecting or transporting for hire solid waste within the corporate limits of the city without first obtaining a permit from the city; provided, further, that nothing in this section shall be construed to prevent a person from casual hauling of his own refuse accumulated at his own residence or business establishment. A permit issued to a person, firm or corporation shall cover all employees of such person, firm or corporation.

(Ord. 594 § 3, 1975)

Each applicant shall file with the city clerk an application for a permit in such form as shall be prescribed by the governing body.

(Ord. 594 § 4, 1975)

The following fees shall be paid in advance by the applicant for a license to collect or remove trash within the city:

Each Vehicle                 Fee

1/2 to 3/4 ton                  $20.00

1 to 3 ton                          40.00

3 to 5 ton                          80.00

5 ton and over                120.00

(Ord. 594 § 6; Ord. 739)

No permit shall be issued until the applicant furnishes a certificate of vehicle insurance, covering minimum limits of bodily injury liability of fifty thousand dollars per person and one hundred thousand dollars per occurrence, together with property damage liability of ten thousand dollars for each accident.

(Ord. 594 § 8, 1975; Code 2016)

A permit shall be issued for a term of one year, commencing January 1st and expiring December 31st of the same year. The permit fee shall be paid in advance by the applicant for the period of one year or any fractional part thereof. There shall be no transfer of the fee or refund thereof.

(Ord. 594 § 7, 1975)

All permits issued as provided in this chapter are nontransferable; provided, however, that one vehicle may be substituted for another by filing the description and identification number with the city clerk; and provided, further, that additional vehicles may be added by filing a proper application, insurance and permit fee.

(Ord. 594 § 5, 1975)

A permit issued under this chapter may be revoked by the city council for the violations of any terms of this chapter or regulations of the city manager; provided, however, that no permit shall be revoked until the holder of such permit has been given notice in writing of the violation and given a reasonable opportunity to comply with the provisions of this chapter or regulations issued by the city manager.

(Ord. 594 § 9, 1975; Code 2016)

A request for electric service shall automatically constitute a request for landfill utilization. A termination of electric service shall automatically terminate landfill utilization; provided, however, that the absence of electric service shall not relieve any owner or occupant of any residence or commercial enterprise from the responsibility of complying with the provisions of this chapter.

(Ord. 594 § 11, 1975)

A landfill utilization charge as to each commercial, institutional, industrial establishment, residential unit and each non-residential unit per calendar month shall be levied and included on statements for electricity and or gas and/or water, such bills shall be collected as a combined bill for landfill, electricity, sewage, gas and water service and such charges shall be as follows:

COMMERCIAL, INSTITUTIONAL AND INDUSTRIAL ESTABLISHMENT:

CLASS                                                                                 CHARGE

            H1S          Small Business/Church                                $17.07

            H2S          Large Business/Schools                               $34.16

RESIDENTIAL AND NON-RESIDENTIAL UNITS:

            R1S          Residential/Non Residential Unit                   $9.36

(Ord. 594; Ord. 653; Ord. 685; Ord. 782; Ord. 788; Ord. 874; Ord. 897; Code 2016; Ord. 986; Ord. 997; Ord. 1030; Code 2021; Ord. 1043; Ord. 1053)

Any person, firm, partnership or corporation violating any of the provisions of this chapter shall, upon conviction thereof, be deemed guilty of a misdemeanor and shall be fined not to exceed one hundred dollars; provided, that each day’s violation shall be a separate offense.

(Ord. 594 § 14, 1975)