HomeMy WebLinkAbout3705-04/02/1990OP.DiNANCE NO. 3705
AN ORDINANCE iMENDING THE 1988 CODE OF ORDINANCES
OF THE CITY ')F WATERLOO, IOWA, BY REPEALING PARTS
OF THE EXISTING CHAPTER 16 - GARBAGE AND REFUSE
AND ENACTING THEREOF NEW PARTS OF CHAPTER 16 -
GARBAGE, REFUSE, AND YARD WASTE.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF WATERLOO,
IOWA, as follows:
Division 1: Thathe existing Articles I and II of
Chapter 16 of the 1988 Municipal Code of Waterloo, Iowa,
entitled "Garbage and Refuse" be and the same hereby
repealed in their entirety.
Division 2: That new Articles I and II of Chapter 16
be adopted as a part of the 1988 Municipal Code of Waterloo,
Iowa, as follows:
CHAPTER 16
GARBAGE, REFUSE, AND YARD WASTE
Art. I. In General, 1h1--16--.1..
Art. II. Private Collectors and Haulers, 16-15--16-20
ARTICLE I. TN GENERAL
Sec. 16-1. Definitions.
For the purpose of this chapter the following words and
phrases shall have the meanings ascribed to them in this
section unless different meanings are clearly indicated by
the context:
(a) Business shall mean each separate establishment
for carrying on a gainful occupation.
(b) Garbage shall mean putrescible animal and
vegetable waste resulting from the handling,
preparation, cooking and consumption of foods
including animal carcasses or parts thereof, and
shall include all waste material, by-products of a
kitchen, every refuse accumulation of animal,
fruit or vegetable matter.
(c) Dwelling units shall mean each household unit
occupied by a :jingle family.
(d) Person shall mean 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.
(e) Premises shal_i mean the property occupied by a
separate family or business unit, whether or not
the same be separately owned.
(f) Multiple dwelling shall mean a building or complex
consisting of more than four (4) dwelling units.
BO.th i PACE c. 3
Ordinance No. 3705
Page 2
(g) Refuse shall mean non --hazardous materials and
rubbish such as papers, street sweepings, rags,
and similar materials.
(h) Hazardous Materials shall mean any hazardous waste
or hazardous substance regulated by Chapter 16 1/2
of the Waterloo Municipal Code.
(i) Health Department shall mean the City of Waterloo
Department of. Public Health or the agency
authorized to act as the Waterloo Department of
Public Health.
(j) Yard wastes shall mean organic debris such as
grass clippings, leaves, tree limbs, bark,
branches, Blowers, etc. that are produced as part
of yard and garden development or maintenance.
Sec. 16-2. Disposal :services provided; exceptions.
The City of Waterloo shall provide garbage, refuse and
yard waste disposal service to every premises within the
corporate limits of the City, with the following exceptions:
(a) Business establishments shall have a private
licensed collector remove garbage and refuse.
(b) Multiple dwellings shall have a private licensed
collector rem7)vo such garbage and refuse.
(c) Hazardous materials shall not be accepted for
disposal by the City or private haulers licensed
under this Chapter.
Sec. 16-3. Department of Sanitation; created;
administration; composition; Council's
authority to regulate.
(a) The Department of Sanitation in the Division of
Public Works is hereby established.
(b) The Department shall be under the control of the
Public Works Director appointed by the Mayor with
the approval of the Council and be directly
responsible to the Mayor. The Division shall have
the duty and responsibility of the collection of
garbage, refuse, and yard waste within the
corporate limits of the City and see that all
garbage, refuse, and yard waste is disposed of in
a sanitary manner, whether by the City or by
private persons, in order to protect the health of
the citizens thereof.
(c) The Department shall cone~ ist of such employees as
may be necessary or provide other means in order
to efficiently handle the collection of garbage,
refuse, and yard waste. The Public Works Director
may employ such employees at such compensation as
may be deemed right and necessary.
(d) The Council shall from time to time by resolution
provide such other policies, rules, and
regulations in addition to the provisions of this
.6.00K 290 PAGE 362
Ordinance No. 3705
Page 3
article as may be deemed necessary for the proper
administration of the Department and the
collection. of garbage, refuse, and yard waste by
and in the City.
Sec. 16-4. Separate account created for Sanitation
Department; Finance Director to maintain
account.
A separate fund shall be set up for the Sanitation
Department to be known as the "Solid Waste
Collection/Resource Recovery Fund." A full and complete
accounting shall be kept by the City Clerk/Auditor to
reflect all receipts and expenditures in the department.
Sec. 16-5. Specific Requirements; Rules; Regulations;
and Policies for Collection.
(a) The specific requirements for the number and type
of containers, placement of items for collection,
size of containers, weight of containers or items
placed cut for collection, etc. shall be as set
forth in the Administrative Policy, Organization
and Procedures prepared by the Public Works
Director and adopted by resolution of the City
Council.
(b) Yard waste shall be separated from all other
wastes by the owner, occupant, or agent of all
premises in the City. Specific requirements for
disposal shall be as set forth in this ordinance
and the Administrative Policies referred to in
paragraph (a) above.
(c) Yard waste shall be disposed of in containers
provided by the City specifically for that
purpose. Disposal of yard waste for City pick-up
in other containers shall be prohibited.
Sec. 16-6. Disposal on public property.
It shall be unlawful for any person to deposit any
garbage, refuse, and yard waste in any location within the
City unless such refuse be deposited as provided in this
article.
Sec. 16-7. Pri.vat: collectors or permits to remove own
accumulations authorized.
Any multiple dwelling and any business shall have
garbage and refuse collected by a private licensed collector
and may have yard waste hauled by a private licensed
collector. This shall not preclude the provisions of Sec.
16-5(b).
Sec. 16-8.
Fees for service; penalty for late payment;
exemptions.
(a) The expense of the garbage and refuse service
shall become a charge against the owner or
occupant of every dwelling unit to whom service is
made available in the sum of seven dollars and
ninety cents ($7.90) per month.
BOOK 290 PACE 363
Ordinance No. 3705
Page 4
(b) An individual may be granted an exemption to the
fees and costs set forth in paragraphs (a) and (d)
of this section by making application to the City
Clerk annually and by meeting criteria established
by the Finance Committee of the City Council. The
exemption shall be on a calendar year basis.
(c) There shall be assessed a penalty of five (5)
percent if the bill for garbage and refuse service
is not paid at the time indicated on the bill.
(d.) The fee or charge for the City collection of yard
waste shall be incorporated in the cost of
specially desi_gnated containers provided by the
City. This fee or charge shall be set by
resolution of the City Council.
(e) The City may change and adjust the garbage and
refuse service fce from time to time as it becomes
necessary to be sufficient in each year for the
payment of expenses or operation and for repair,
maintenance and replacement of garbage and refuse
equipment.
Sec. 16-9. Collection of fees; unpaid fees assessed to
property; disposition of proceeds.
(a) The Municipal Water Works office is hereby
authorized and directed to render and collect fees
or service charges for garbage and refuse service
in accordance with the fees established in Section
16-8(a) of this Article. The charge shall be
collected with the consumer's regular monthly
and/or quarterly water and sewer bill, and shall
be shown as a separate item on the bill. The
owner or manager of a dwelling unit who provides
and pays for the water and sewer consumption
charges of h_; tenant: shall also be responsible
and pay for the garbage and refuse service charges
of his tenant:. Collection policies shall be the
same as the other City utility services.
When a fee Is six (6) months delinquent, the
unpaid fce tot City garbage and refuse service
shall be assessed against the property benefited
as provided for under Section 420.190 of the Code
of Iowa. Amounts collected for the garbage and
refuse service shall be deposited in the Solid
Waste/Resource Recovery Fund of the City.
(b) It shall be at the discretion of the Waterloo
Water Works to decide en vacancies and partial use
of dwelling units in connection with monthly
and/or quarterly billing amounts pertaining to
garbage and refuse collections.
Sec. 16-10. Disposition areas to be established by
Council.
Disposition of garbage, refuse, and yard waste shall be
in areas designated by the Council. Disposition of solid
construction rubble such as concrete, brick, stone, sand or
BOOK 290 PACE 364
Ordinance No. 3705
Page 5
dirt, shall be in areas approved by the City as set for in
Article III of this chapter.
Sec. 16-11.
Unlawful to permit accumulations hazardous to
health.
It shall be unlawful for any person to permit
accumulation on any premises, improved or vacant, or any
public place in the City, any quantities of garbage, refuse,
or yard waste, either in containers or not, that shall in
the opinion of the Department of Health, constitute a health
or sanitation hazard or nuisance.
Sec. 16-12. Rubbish and trash near buildings, or in
cellars or alleys prohibited; may be abated
as a nuisance; open burning prohibited.
Any person who shell throw, deposit or place in or
about any building or cellar or in or upon any street or
alley in the City, or allow to accumulate in such places or
be placed or remain in such building or cellar or upon any
such street or alley, any boxes, paper, garbage, refuse,
yard waste, or other rubbish of any kind or character
whatsoever, shall be deemed guilty of an offense. Boxes,
papers, garbage, refuse, yard waste, or other rubbish which
have been thrown, deposited or placed in or about any
building or cellar, street or alley in the City, or which
have accumulated in such places shall be deemed a nuisance
and may be abated. All open burning of garbage and refuse,
except yard waste shall be prohibited. The burning of yard
waste shall be allowed (luring the spring and fall on six
consecutive Saturdays daring each season. The beginning of
the burning season shall be designated by the Mayor or his
designated representative. Burning may be banned at the
discretion of the File Chief should conditions not bc.
suitable. Burning shall be done in accordance with City
ordinance and any rules established by the Fire Chief. Such
burning may be abated as a nuisance upon complaint and the
costs assessed in the same manner as property taxes.
Individuals responsible for calls for successive incidents
and complaints may also be subject to citation.
Sec. 16-13. Authorized collectors.
No person other than the agents of the City or persons
so authorized by it shall collect or transport garbage
through or upon the streets or al:eys of the City.
Sec. 16-14. Requirements for vehicles used by City and
private collectors.
Any person, including employees of the City hauling
trash, refuse, garbage, offal or ether offensive substances
in a vehicle of any kind over the streets of the City, shall
equip the vehicle with a metal or canvas cover and shall
keep said cover over the load --carrying portion of the
vehicle at all times, as necessary to prevent material from
escaping. The cover shall be of sufficient size to fully
cover any refuse being carried in the vehicle and to keep
the refuse in place on said vehicle. The vehicle shall be
so constructed that no drippings or seepings from any refuse
carried therein can escape from the vehicle.
BOOK 290 PACE 365
Ordinance No. 3705
Page 6
ARTICLE II. PRIVATE COLLECTORS AND HAULERS
Sec. 16-15. Disposition through collectors authorized.
All who use private collectors for the hauling of
garbage, refuse, and yard waste shall use only collectors
licensed by the City as provided in this Article.
Sec. 16-16. Permit required, issuance upon approval of
equipment; inspection.
(a; No person shall engage in the business of
collecting and hauling garbage, refuse, or yard
waste in the City without first obtaining a permit
from the City. The permit shall be issued when
the equipment for hauling said garbage, refuse, or
yard waste shall meet the requirements of this
Article, such equipment shall have been inspected,
and an inspection fee paid to the City. The
inspection fee shall be fifty dollars ($50.00) per
vehicle per year. The license shall be valid for
one year unless sooner revoked as provided in this
Article. All licenses are due May 1 of each year.
(b) An application for a permit shall be filed with
the Department of Health and shall contain the
following :information:
(1) The narn^ and addi:ess of the applicant.
(2) The vehicle to be used.
(3) General information concerning the routes to
be traveled and places to be served.
(c) No permit shall be issued or renewed unless the
vehicles to be used have been inspected by the
Department of Health. The vehicles must meet the
following requirements:
(1) Construction of the vehicles shall be such
that rubbish or bulk material loaded therein
or transported thereby shall be securely
contained. Trucks with open sides, such as a
stake body truck, must have some type of
paneling installed on the interior of the
stakes to proven- the loss of any rubbish or
bulk material. Plywood or hardboard may be
used tc line the interior; however, large
sections of cardl.oard will not be acceptable.
(2) All vehicles shall be equipped with a
permanently attached covering over the bed of
the vehicle, or with a suitable tarpaulin.
The tarpaulin must be constructed in such a
manner so that both sides and the end of the
tarpaulin ran be securely tied down or loaded
to prevent. the rubbish or bulk material from
being blown or allowed to escape.
(3) All vehicles other than stake body types must
be equipped with a tailgate of rigid
construction of at least one and one-half
feet .in height which, when closed shall
securely hold and contain all rubbish and
BOOK 290 PACE 366
Ordinance No. 3705
Page 7
bulk ui,, erial . Acceptable paneling as
indicated above may be used in lieu of the
tailgate only on stake body vehicles.
(4) Any compaction type vehicle must be equipped
with a tight fitting tarpaulin or other means
to prev,•cnrt rubbish or other material from
being blown or allowed to escape from the
hopper area.
(d) All vehicles .inspected and licensed under this
section shall prominently display the permit
number on the upper or lower left corner of the
windshield of the vehicle upon a decal to be
furnished by the Department of Health.
Sec. 16-17. Transferability of permit as to persons and
vehicle.
No permit issued pursuant to this Article shall be
transferable from one person to another, or from one vehicle
to another.
Sec. 16-18. Revocation of license; hearing required;
notice.
Persons licensed An accordance with the provisions of
this Article who fail or refuse to gather and carry away, in
covered receptacles, any deposit of garbage, refuse, or yard
waste in the proper manner from any place where the same is
deposited for removal by them, may have their license
revoked by the City Council after a hearing before the
Council. The licensee shall have at least five (5) days
notice prior to the hearing, and an opportunity to appear
and be heard.
Sec. 16-19. Transporting, etc., waste material.
(a) No person shall haul, transport or otherwise
convey any garbage, rubbish, trash, waste,
building material, tree or shrubbery branches or
limbs, or any other waste material within this
City unless the same is contained in covered
receptacles or is otherwise secured either to or
within the v&iicle so that said material does not
fall off or blow off or out of the vehicle hauling
the same. In the event any of said material falls
off, blows off or out of the vehicle, the person
hauling the same shall clean up all of the waste
material.
(b) Any person whn shall violate this section or any
part thereof shall be deemed guilty of a
misdemeanor and upon conviction thereof shall be
punished accordingly.
Sec. 16-20. Dumping in authorized places; penalty.
Any person who shall_ use any lot, open space, street or
roadway in the City instead of the location provided for and
established by the Council, for the dumping or depositing of
dead animal matter, garbage matter, and offensive materials
and substances, and other refuse, rubbish, or yard waste
BOOK '290 PACE 367
•
•
Ordinance No. 3705
Page 8
shall be guilty of a misdemeanor, and upon
thereof shall be punished accordingly.
Division 3.
October 1, 1990.
This
conviction
ordinance shall be effective on
Division 4. All other
ordinances in conflict herewith
INTRODUCED:
PASSED 1ST CONSIDERATION:
PASSED 2ND CONSIDERATION:
PASSED 3RD CONSIDERATION:
ordinances or parts of
are hereby repealed.
March 19, 1990
March 19, 1990
March 26, 1990
April 2, 1990
PASSED AND ADOPTED by the City Council of the City of
Waterloo, Iowa, on the 2nd day of April, 1990, and approved
by the Mayor on the 4th day of April, 1990.
Bernard L. cKinley, Moor
ATTEST:
ar
urge
y
Jerk/Auditor
, Larry P. Burger,
CERTIFICATE
Waterloo, Iowa, do hereby
true and complete copy of
adopted by the Council of
2nd day of April, 1990.
Witness
April, 1990.
my hand and
City Clerk/Auditor of the City of
certify that attached hereto is a
Ordinance No. 3705, as passed and
the City of Waterloo, Iowa, on the
seal of office this 4th day of
4/0/
l/L
ar. P. :urger, 1" y Clerk/Auditor
INDEX D l/
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BOOK 290 PACE 388
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