HomeMy WebLinkAbout4829 - 08/14/2006 Document Number: 2007008910
CITY OF WATERLOO I J Date: Oct 17,2006 4:30:00 pm
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Z Filed for record in Black Hawk County,Iowa
Patricia S.Sass,County Recorder
This Ordinance prepared by Nancy Eckert, City Clerk, 715 Mulberry
Street, Waterloo, Iowa.
ORDINANCE NO. 4829
AN ORDINANCE AMENDING THE 2001 CODE OF
ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY
REPEALING SECTION 4-3-1, DEFINITIONS, AND
SECTION 4-3-8, EXCEPTIONS TO BURNING YARD
WASTES, OF CHAPTER 3, SOLID WASTE COLLECTION
AND DISPOSAL, OF TITLE 4 , PUBLIC HEALTH AND
SAFETY; AND REPEALING SECTION 4-4-1,
DEFINITIONS, OF CHAPTER 4 , LITTER CONTROL,
OF TITLE 4 , PUBLIC HEALTH AND SAFETY; AND
ENACTING IN LIEU THEREOF NEW SECTION 4-3-1,
DEFINITIONS, AND SECTION 4-3-8, EXCEPTIONS
TO BURNING YARD WASTES, OF CHAPTER 3 , SOLID
WASTE COLLECTION AND DISPOSAL, OF TITLE 4 ,
PUBLIC HEALTH AND SAFETY; AND A NEW SECTION
4-4-1, DEFINITIONS, OF CHAPTER 4 , LITTER
CONTROL, OF TITLE 4, PUBLIC HEALTH AND
SAFETY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO,
IOWA:
That Section 4-3-1, Definitions, and Section 4-3-8,
Exceptions to Burning Yard Wastes, of Chapter 3 , Solid Waste
Collection and Disposal, of Title 4 , Public Health and Safety;
and Section 4-4-1, Definitions, of Chapter 4 , Litter Control, of
Title 4 , Public Health and Safety are hereby repealed in their
entirety; that new Section 4-3-1, Definitions, and Section 4-3-
8 , Exceptions to Burning Yard Wastes, of Chapter 3 , Solid Waste
Collection and Disposal, of Title 4 , Public Health and Safety;
and Section 4-4-1, Definitions, of Chapter 4 , Litter Control, of
Title 4 , Public Health and Safety, are hereby enacted in lieu
thereof as follows :
CHAPTER 3
SOLID WASTE COLLECTION AND DISPOSAL
Sec . 4-3-1 : DEFINITIONS :
BUSINESS : Each separate establishment for carrying on a gainful
occupation.
DWELLING UNITS : Each household unit occupied by a single
family.
GARBAGE: All solid and semisolid putrescible animal, grain,
fruit, or vegetable wastes resulting from the handling,
preparing, cooking, storing, serving, and consuming of food or
of material intended for use as food.
HAZARDOUS MATERIALS : Any hazardous waste or hazardous substance
regulated by article C of this chapter.
Ordinance No. 4829
Page 2
HEALTH DEPARTMENT: Black Hawk County Health Department, the
agency authorized to act for the City of Waterloo.
MULTIPLE DWELLING: A building or complex consisting of more
than four (4) dwelling units .
PERSON: Each single person or head of each family occupying a
separate family dwelling unit or each person, firm or
corporation operating as a separate business unit .
PREMISES : The property occupied by a separate family or
business unit, whether or not the same be separately owned.
REFUSE: Putrescible and nonputrescible solid and semisolid
wastes that are not hazardous materials, garbage, or yard waste
as defined in this section, including but not limited to trash,
rubbish, paper, cardboard, wood that is not yard waste, metal,
glass, ashes, incinerator ash or residue, street cleanings,
market and industrial solid wastes, and building materials .
YARD WASTE: Vegetative wastes resulting from the care and
maintenance of residential yards, flowerbeds, and gardens,
including but not limited to grass clippings, leaves, tree
limbs, bark, garden waste, brush and small twigs, and branches
not exceeding two and one-half (2%) inches in diameter and three
and one-half (3%) feet in length. Yard waste shall not include
the following:
A. Tree stumps, tree roots, trunks, logs, and branches
that are more than two and one-half (2%) inches in
diameter or three and one-half (3%) feet in length.
B. Material meeting the definition of "garbage" or
"refuse" as provided in this chapter.
C. Flower and decorative products manufactured or
fabricated, or the waste byproducts incidental to
their manufacture or fabrication, which include
organic materials and other nonorganic wastes which
are not practically separable . Examples of this
exemption include, but are not limited to, things such
as flower arrangements, decorated potted plants,
wreaths, bouquets, garlands, and small bedding flats .
D. Metal, plastic, rock, dirt, wire, fencing, weed
barriers or other underlayment, bordering materials,
stone, brick, masonry, or other inorganic material .
Sec . 4-3-8 : SPECIAL EXCEPTIONS TO BURNING BAN:
A. The city, in burning trees, tree trimmings, or the
like generated by the forestry department, street
department, or other city departments in their normal
course of work or resulting from a natural disaster
declared as such by the city council, shall not be
subject to the burning ban stated in section 4-3-
7 (C) (1) of this code . For purposes of this paragraph,
trees means all parts of a tree or shrub, including
Ordinance No. 4829
Page 3
but not limited to trunks, limbs, branches, stumps,
and roots or root masses .
B. The city council shall have the authority, consistent
with this section, to grant exceptions to the ban on
open burning and to allow the burning of certain
vegetative matter and solid wastes under special
limited conditions . An application for exception must
be filed with the city clerk' s office, reviewed by the
fire department (which may consult with the leisure
services and waste management services departments
when appropriate) , and forwarded to the city council
for approval . An exception may be granted in cases
when burning of native vegetation is a recognized
management technique.
C. Said application must contain the following
information and any other information deemed
appropriate by the city:
1 . Name of applicant;
2 . Address and telephone number of applicant;
3 . Location and size of area to be burned;
4 . Dates and times of burning;
5 . Description of vegetation;
6 . Description of management technique; and
7 . Containment procedures .
A fee of fifty dollars ($50 . 00) must be filed with the
application. In addition to the application fee, the
fire department shall charge for standby services and
extinguishment of intentionally set fires as contained
in section 9-2A-12 of this code .
D. The fire department will determine for each exception
whether:
1 . Atmospheric conditions are proper to allow the
burning;
2 . Applicable provisions of state law or regulation
are complied with; and
3 . Standby vehicles are needed to ensure the safety
of life and property adjacent to the site.
E. Any individual who claims to be adversely affected by
allowance of the exception may file a statement with
the city clerk containing information to support the
claim. If the city council finds that sufficient
Ordinance No. 4829
Page 4
controversy exists regarding such application, a
public hearing may be held.
F. In determining whether to grant or deny the
application, the city council shall balance the
following: hardship to the applicant, the community
and other persons resulting from the denial of the
exception against the adverse impact on the health,
safety and welfare of persons affected, the adverse
impact on property affected, and any other adverse
impacts of granting the exception. Applicants for
exceptions and persons contesting exceptions may be
required to submit any information/document reasonably
required by the city council . In granting or denying
an application, the city council shall place on public
file a copy of the decision and the reasons for
denying or granting the exception.
G. Exceptions shall be granted by notice to the applicant
containing all necessary conditions, including a time
limit on the permitted activity. Any exception shall
not become effective until all conditions are agreed
to in writing by the applicant . Noncompliance with
any condition of the exception may result in
termination of the grant of exception.
H. Applications for exceptions shall be treated as an
application for an initial exception.
I . Exceptions must be filed for each occurrence .
J. Appeals of an adverse decision of the city council
shall be made to the district court in and for Black
Hawk County. Review of the court shall be de novo
limited to whether or not the decision is supported by
substantial evidence .
CHAPTER 4
LITTER CONTROL
Sec . 4-4-1 : DEFINITIONS:
BUILDING MATERIALS : Any material such as lumber, brick,
plaster, sheet metal or other substances accumulated as a result
of repairs or additions to existing buildings, construction of
new buildings or demolition of existing structures .
BULK CONTAINER: A metal container, made of watertight
construction with doors opening on two (2) sides and top, and
constructed so that it can be emptied mechanically by a
specially equipped truck. Containers shall be kept covered at
all times . Upon the effective date of this chapter, all new
bulk containers shall meet these specifications .
BUSINESS ESTABLISHMENT: Any retail, manufacturing, wholesale,
institutional, religious, governmental or other non-residential
establishment at which garbage or trash may be generated.
Ordinance No. 4829
Page 5
BUSINESS TRASH: Any waste accumulation of dust, paper,
cardboard, packing materials, rags or other accumulations, other
than garbage or household trash, which is usually attendant to
the operation of any business establishment .
CITY: The city of Waterloo.
DETACHABLE CONTAINER: A unit which is used for collecting,
storing and transporting building materials, business trash,
industrial waste, hazardous refuse, refuse or yard trash. Each
unit shall be made of watertight construction. The unit may or
may not use an auxiliary stationary packing mechanism for
compaction of materials into the container and may be of the
open or enclosed variety. The distinguishing feature of the
detachable container is that it is picked up by a specially
equipped truck and becomes an integral part of the truck for
transporting the waste materials to the disposal site .
ENFORCEMENT AUTHORITY: The Black Hawk County health department
and the building department code enforcement officers .
GARBAGE: All solid and semisolid, putrescible animal, grain,
fruit, or vegetable wastes resulting from the handling,
preparing, cooking, storing, serving, and consuming of food or
of material intended for use as food.
LITTER: Garbage, refuse, waste materials or any other
improperly discarded, used or unconsumed substance, including,
but not limited to, tin cans, paper products, ashes, rags and
the like .
LOADING AND UNLOADING AREA: Any land dock or space or area used
by any moving vehicle for the purpose of receiving for shipment
or transportation goods, wares and commodities .
REFUSE: Putrescible and nonputrescible solid and semisolid
wastes, including, but not limited to, garbage or yard waste as
defined in this section, including but not limited to trash,
rubbish, paper, cardboard, wood that is not yard waste, metal,
glass, ashes, incinerator ash, street cleanings, market and
industrial solid wastes, and building materials .
YARD WASTE: Vegetative wastes resulting from the care and
maintenance of residential yards, flowerbeds, and gardens,
including but not limited to grass clippings, leaves, tree
limbs, bark, garden waste, brush and small twigs, and branches
not exceeding two and one-half (2%) inches in diameter and three
and one-half (3%) feet in length. Yard waste shall not include
the following:
A. Tree stumps, tree roots, trunks, logs, and branches
that are more than two and one-half (2%) inches in
diameter or three and one-half (3%) feet in length.
B. Material meeting the definition of "garbage" or
"refuse" as provided in this chapter.
Ordinance No. 4829
Page 6
C. Flower and decorative products manufactured or
fabricated, or the waste byproducts incidental to
their manufacture or fabrication, which include
organic materials and other nonorganic wastes which
are not practically separable. Examples of this
exemption include, but are not limited to, things such
as flower arrangements, decorated potted plants,
wreaths, bouquets, garlands, and small bedding flats .
D. Metal, plastic, rock, dirt, wire, fencing, weed
barriers or other underlayment, bordering materials,
stone, brick, masonry, or other inorganic material .
INTRODUCED: August 14 , 2006
PASSED 1st CONSIDERATION: August 14 , 2006
PASSED 2nd CONSIDERATION: August 14 , 2006
PASSED 3rd CONSIDERATION: August 14, 2006
PASSED AND ADOPTED by the City Council of the City of
Waterloo, Iowa, on the 14th day of August, 2006, and approved by
the Mayor on the 16th day of August, 2006 .
Tim Hurley, moyor
ATTEST:
raz
Nancy Ecke , CMC
City Clerk
CERTIFICATE
I, Nancy Eckert, City Clerk of the City of Waterloo, Iowa,
do hereby certify that the preceding is a true and complete copy
of Ordinance No. 4829, as passed and adopted by the Council of
the City of Waterloo, Iowa, on the 14th day of August, 2006 .
Witness my hand and seal of office this 16th day of August,
2006 .
SEAL Nancy Ecke '
CMC
City Clerk
i