HomeMy WebLinkAbout2958-03/27/1978 IV
I
ORDINANCE NO. 2958
AN ORDINANCE REGULATING THE COLLECTION AND DISPOSAL OF WASTE
MATTER, TO BE CITED AS THE "LITTER CONTROL ORDINANCE".
BE IT ORDAINED by the City Council of the City of Waterloo, Iowa:
That an ordinance regulating the collection and disposal of waste matter,
to be cited as the "Litter Control Ordinance," be and is hereby enacted
as follows:
Section 1. In general.
It shall be unlawful for any person to trespass on the rights of another through
the neglect of property by causing or allowing unsightly litter, foul odor, or
potentially dangerous devices to remain on or emanate from the property, or to
discard, abandon, or cause such on public property or other's private property.
Section 2., Definitions.
For the purposes of this ordinance, the following terms, phrases, words and their
derivatives shall have the meaning given herein. When not inconsistent with the
context, words used in the present tense include the future, words in the plural
number include singular number, and words in the singular number include the plural
number. The word "shall" is always mandatory and not merely directory.
The following definitions shall apply in the interpretation and the enforcement
of this ordinance:
(1) "Building materials" means 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.
(2) "Bulk container" means a metal container, made of water-tight construction
with doors opening on two 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 effective date of this ordinance, all new bulk
containers shall meet these specifications.
(3) "Business establishment" means any retail, manufacturing, wholesale,
institutional, religious, governmental, or other non-residentail establishment
at which garbage or trash may be generated.
(4) "Business trash" means 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.
(5) "City" means the City of Waterloo.
(6) "Detachable container" means 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 water-tight 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 trans-
porting the waste materials to the disposal site.
(7) "Garbage" means the by-product of animal or vegetable foodstuffs resulting
from the handling, preparation, cooking or consumption of food, or other matter
which is subject to decomposition, decay, putrefaction or the generation of noxious
or offensive gasses or odors, or which during or after decay, may serve as
breeding or feeding material for flies, insects or animals.
(8) "Hazardous refuse" means materials such as poison, acids, caustics, chemicals,
infected materials, offal, fecal matter, and explosives.
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Page 2
(9) "Household trash" means every waste accumulation of paper, sweepings,
dust, rags, bottles, cans or other matter of any kind, other than garbage,
white goods and furniture, which is usually attendant to housekeeping.
(10) "Industrial waste" means all waste including solids, semi-solids,
sludges, and liquids, created by factories, processing plants or other
manufacturing enterprises.
(11) "Litter" means trash, refuse, waste materials or any other improperly
discarded, used or unconsumed substance, including, but not limited to, tin
cans, paper products, ashes, rags, etc.
(12) "Loading and unloading area" means any land dock or space or area used
by any moving vehicle for the purpose of receiving for shipment or transporta-
tion, goods, wares and commodities.
(13) "Person" means any individual, firm, company, corporation or association
or agent thereof.
(14) "Portable packing unit" means a metal container not exceeding 4,500
pounds gross weight with a four (4) to six (6) cubic yard capacity that contains
a packing mechanism and an internal or external power unit.
(15) "Refuse" means solid waste accumulations consisting of garbage, household
trash, yard trash, and business trash as herein defined.
(16) "Refuse receptacle" and "Yard trash container" means a metal, plastic
or two-ply craft paper bag container, of substantial construction sufficient
for safe and convenient handling. Two-ply craft paper bags shall meet the
standards set for refuse sacks by the Technical Association of Pulp and Paper
Industry. Polyethylene plastic bags must meet the standards set for trash
bags by the Society of Plastic Engineers. Such containers shall be in good and
serviceable condition and of such size, shape and weight that, when full, they
are capable of being safely handled by one man. Paper or plastic bags shall be
closed by a tight sealing method of suitable type, such as drawstring, wire
tie, or multiple folds. Containers shall be kept covered or closed at all times.
Such receptacles shall have a capacity of not less than ten (10) gallons nor
more than thirty (30) gallons. Every refuse receptacle when loaded and placed
for collection shall be limited in weight to sixty-five (65) pounds.
(17) "Tree and shrubbery trimmings" means waste accumulation of tree branches,
tree limbs, parts of trees, bushes, shrubbery, cuttings or clippings, or other
yard trash usually created in connection with trees or bushes.
(18) "Yard trash" means waste accumulation of lawn, grass or shrubbery cuttings
or clippings and dry leaf rakings, free of dirt, rocks, large branches and bulky
or noncombustible material.
Section 3. Administration and enforcement.
The administration and enforcement of the provisions of this ordinance shall be
the duty of the Department of Sanitation.
Section 4. Receptacles and containers required.
It shall be required of every person in possession, charge or control of any
place in or from which building materials, business trash, garbage, household
trash, industrial waste, tree and shrubbery trimmings and yard trash is
accumulated or produced to provide and at all times to keep in a suitable
place, adequate and suitable receptacles and containers capable of holding all
such waste materials which would ordinarily accumulate between the times of
successive collections. The Department of Sanitation is designated as the
agency to determine the quantity and location of said receptacles and to
determine whether said receptacles and containers are serviceable.
Page 3
Section 5. Receptacles and containers to be safe.
All receptacles and containers as required hereunder shall be of safe construction
and design and shall be maintained in good and serviceable condition at all times.
Any receptacles or containers which do not conform to the provisions of this
article, or which have ragged or sharp edges, or any other defects likely to
hamper or injure the person collecting the contents thereof, or public, shall
be promptly replaced upon notice. If said container(s) , after proper notice,
has not been replaced, the Department of Sanitation shall have the authority
to remove said container(s) as refuse.
Section 6. Pre-collection practices.
(1) Refuse. Covers for containers shall not be required; however, no containers
shall be used in such manner as to allow the contents thereof to be strewn about,
or the contents thereof to emanate such an odor as to attract insects or rodents.
(2) Garbage. All garbage being prepared for collection shall have been drained
of all free liquid, and shall be wrapped, bagged or enclosed in paper or plastic
material prior to being placed in appropriate containers and receptacles as
provided in Section 4.
(3) Household trash. All household trash shall be drained of all liquids prior
to its deposit in refuse receptacles. Household trash may be combined with garbage
or yard trash. Any items of household trash which are too large for receptacles
and cannot be reduced to a size which can be placed in a receptacle may be placed
with tree and shrubbery trimmings no earlier than six p.m. on the day next
preceding the collection date for such material, provided such items are covered
or secured so as to avoid unsightly litter condition.
(4) Dangerous trash items. All dangerous trash items, and all waste material
which could cause injury, such as broken glass, light bulbs, sharp pieces of
metal, fluorescent tubes, television tubes and thorny vegetation, shall be
heavily wrapped in newsprint so as to prevent injury to the collection crews.
(5) Hazardous refuse and building materials. No hazardous refuse or building
materials shall be placed in any receptacle used for collection by the City, nor
shall the same be collected by the City.
(6) Yard trash. Yard trash may be stored for collection in suitable receptacles
and containers as described in this article. The contents of such receptacles or
containers shall not extend above the top of rim thereof, and shall be contained
by tight-fitting lids or sealed enclosure to prevent the carrying or depositing
thereof by the elements upon any street, sidewalk, or public or private property.
Receptacles and containers of yard trash shall be placed at curbside for
collection no earlier than six p.m. on the day next preceding the collection date.
(7) Tree and shrubbery trimmings. Tree and shrubbery trimmings placed in refuse
receptacles shall be collected by the City when placed at curbside no earlier
than six p.m. of the day next preceding collection. No tree trunks, branches,
limbs, or shrubbery larger than four (4) inches in diameter, longer than five (5)
feet or heavier than sixty-five (65) pounds shall be collected by the City. Tree
and shrubbery limbs shall have protruding branches trimmed and must be neatly
stacked and placed in an orderly manner at curbside. Unless such branches or
limbs are of a size not to be blown about and scattered by the elements, they
shall be effectively tied so as to avoid wind-driven debris and unsightly litter
conditions. Tree and shrubbery branches, limbs and trimmings cut by landscape or
tree service contractors or other commercial workmen or resulting from land being
cleared shall not be collected by the City.
(8) Leaves. Leaves shall be contained in refuse receptacles or yard trash
containers and placed for collection at curbside.
(9) Business and industrial waste, refuse and litter shall be contained in
containers appropriate to restrain such material and shall be disposed in a manner
consistent with this ordinance. Responsibility for compliance with this ordinance
shall remain with the business establishment.
Page 4
Section 7. Storing of refuse and trash.
All accumulations of refuse and trash shall be stored or placed for collection
in accordance with the following provisions:
(1) Public streets and private property. No person shall place any refuse or
trash in any street, median strip, alley, or other public place of travel, nor
upon any private property except as stated herein.
(2) Blockage of storm drains. No person shall place any refuse, trash, refuse
receptacles or containers on any storm drain, or so close thereto as to be
drawn by the elements into same.
(3) Unauthorized accumulations. Any unauthorized accumulation of refusd or
trash items on any lot, property, premises, public street, alley or other public
or private place is hereby declared to be a public nuisance and is prohibited.
Failure of owner or occupant to remove and correct any such unauthorized
accumulation of refuse shall be deemed a violation of this ordinance.
(4) Junk. It shall be unlawful for any person to place or leave outside any
building or dwelling, except as specified under Section 6(9) , any delapidated
furniture, appliance, machinery, equipment, building material, or other item
which is either in a wholly or partially rusted, wrecked, junked, dismantled or
inoperative condition, and which is not completely enclosed within a building or
dwelling. Any such item or items which remain on the property of the occupant
for a period of ten (10) days after notice of violation of this section shall
be presumed to be abandoned and subject to being removed from the property by
the City without further notice. This shall not apply to authorized junk dealers
or establishments engaged in the repair, rebuilding, reconditioning, or salvaging
of equipment.
(5) Appliances. It shall be unlawful for any person to leave outside any
building in a place accessible to children any appliance, refrigerator or other
container of any kind which has an airtight snap lock or similar device, without
first removing the lock or door from said appliance, refrigerator or container.
This law shall not apply to any appliance, refrigerator or container which has
been placed on or adjacent to the rear of the building and is crated, strapped
or locked to such an extent that it is impossible for a child to obtain access
to any airtight compartment thereof.
Section 8. Scattering of refuse and littering prohibited.
(1) It shall be unlawful for any person to:
(a) scatter refuse about or litter any public or private street or
area or place;
(b) cast, throw, place, sweep or deposit anywhere within the City
any refuse or trash in such a manner that it may be carried or
deposited by the elements upon any street, sidewalk, alley,
sewer, parkway or other public place or into any occupied or
unoccupied premises within the City;
(c) throw or deposit any refuse, trash or debris in any stream or
body of water; or
(d) spit upon any public street, sidewalk, alley, building or
thoroughfare.
(2) No person shall haul, transport or otherwise convey any refuse, hazardous
refuse, industrial waste or tree and shrubbery trimmings within this city unless
the same is contained in covered receptacles or is otherwise secured either to
or within the vehicle so that said refuse, hazardous refuse, industrial waste or
tree and shrubbery trimmings does not fall off or blow off or out of the vehicle
hauling the same. In the event any of said refuse, hazardous refuse, industrial
waste or tree and shrubbery trimmings falls off, blows off or out of the vehicle,
the person hauling the same shall clean up all of the waste material.
Page 5
Section 9. Business establishments.
All business establishments shall store their refuse in containers as specified
herein so as to eliminate wind-driven debris and unsightly litter in and about
their establishments. Approved methods of containerization include refuse
receptacles, bulk containers, and detachable containers. The number of containers
necessary for each business establishment shall be as required to maintain
clean, neat, sanitary premises as directed by the Department of Sanitation.
Spillage and overflow shall be immediately cleaned up, when and as it occurs,
by said establishment.
Section 10. Loading and unloading areas.
All loading and unloading areas shall be provided with refuse receptacles for loose
debris, paper, packaging materials and other trash. The number of containers
necessary for each area shall be as required to maintain clean, neat and sanitary
premises as directed by the Department of Sanitation.
Section 11. Parking lots.
(1) Obligation to furnish receptacles. All parking lots and establishments with
parking lots shall provide refuse receptacles distributed within the parking area.
The Department of Sanitation shall have the authority to determine the number of
receptacles necessary to provide proper containerization. It shall be the
responsibility of the owner or the manager of the parking lot to collect the refuse
and trash deposited in such containers so as to avoid spillage and overflow and
store this material in an approved location as hereinabove defined.
(2) Obligation to use receptacles. It shall be the obligation of all persons
using parking areas to use such refuse receptacles or containers as hereinabove
provided for the purposes intended, and it shall be unlawful for any person or
persons to dump, scatter, or throw upon any such parking lot, any refuse, garbage,
or trash of any kind.
Section 12. Construction sites and demolition sites.
All construction and demolition contractors shall provide such on-site refuse
receptacles, bulk containers, or detachable containers for loose debris, paper,
building material waste, scrap building materials, and other trash produced by
those working on the site as the Department of Sanitation and the Department of
Building Inspection shall determine necessary to provide proper containerization.
Any construction or demolition site shall be kept in a reasonably clean and
litter-free condition. Dirt, mud, construction materials, or other debris
deposited upon any public or private property as a result of construction or
demolition shall be immediately removed by the contractor. In addition to any
other remedy, the Department of Sanitation and the Department of Building
Inspection are hereby empowered to issue a civil citation to a violator of this
Section, and in said citation shall assess a penalty of $50.00. Each day during
which such violation shall occur shall constitute a separate and distinct
offense.
Section 13. Points of collection.
Refuse containers shall be placed for collection at ground level on the property
and with access without the need for walking or carrying a refuse container
over, under or around some yard or property obstacle. No refuse shall be
collected where refuse containers cannot be reached by sanitation personnel
without unlocking or opening a door, gate or any similar obstacle, encountering
a dog, or otherwise being denied reasonable access by parked vehicles, yard
tools and equipment, or other similar objects. Refuse containers shall be
placed in a neat and orderly manner in the front parking within three feet from
the curb line or in the absence of front parkings the containers shall be placed
within three feet from the edge of the alley. No refuse receptacles or containers
shall be stored in front of a home or in front of the building line closest to the
street. The Department of Sanitation shall have the authority to determine the
proper receptacle or container location on private property.
Page 6
Section 14. Sunken Receptacles.
Refuse contained in sunken or underground receptacles will not be collected
by the City.
Section 15. Collection practices.
(1) Residential. Garbage, household trash, yard trash, and tree and shrubbery
trimmings accumulated by residences shall be collected two (2) times each week
at curbside or in any alley as shall be determined by the Department of Sanitation.
There shall be no limit on the maximum number of refuse receptacles; however,
each refuse receptacle when loaded for collection shall be limited in weight to
sixty-five (65) pounds. Service will be on regularly scheduled days except
weekends. There will be no collection on an official city holiday; however,
collection shall resume on the next regular pickup day.
(2) Industrial waste. Industrial waste shall be collected, removed and disposed
of by the operator of the factory, plant or enterprise creating or causing same.
(3) Dead animals. Owners of dead animals shall be responsible for their
removal and disposal.
(4) Building materials. The City shall not be responsible for collecting or
hauling building materials originating from private property preliminary to,
during or subsequent to: a) the construction of new buildings; b) the alteration
or addition to existing buildings; or c) the demolition of existing structures.
Such material shall be removed by the owner of the property or by the contractor.
On-site burial of building materials shall be strictly prohibited. No certificate
of occupancy shall be issued until such material has been removed by the owner
or contractor.
Section 16. Post collection practices.
Refuse receptacles placed at curbside or in any alley for collection shall be
removed from said curbside or alley by 8:00 P.M. on the day of collection.
Section 17. Special refuse disposal problems.
(1) Contagious disease refuse. The removal of clothing, bedding or other refuse
from homes or other places where highly infectious diseases have prevailed shall
be performed under the supervision and direction of the a licensed physician and health
authority. Such refuse shall not be placed in containers for City collections.
(2) Hypodermic instruments. No person shall dispose of or discard any
hypodermic syringe, hypodermic needle or any instrument or device for making
hypodermic injections before first breaking, disassembling, destroying or other-
wise rendering inoperable and incapable of reuse, such hypodermic syringe, needle,
instrument or device, and without safeguarding the disposal thereof, by wrapping
or securing same in a suitable manner so as to avoid the possibility of causing
injury to the collection personnel.
(3) Ashes. Ashes that are to be hauled by the City must have been wetted and
cool to the touch prior to collection. Ashes shall be placed in suitable
containers of such size and weight that they can be handled by one person.
(4) Cardborad boxes and cartons. Prior to depositing refuse for collection in
authorized containers or receptacles or in commercial containers, the person
disposing of any such boxes or cartons or the person in charge of the premises
shall collapse all cardboard boxes, cartons, and crates.
SeCCYon 18. Collection and disposal.
All collectors of refuse who desire to haul over the streets of the City shall
comply with the necessary permit procedures of Chapter 16 of the Code of
Ordinances of the City of Waterloo. All collectors of refuse who desire to
haul over the streets of the City shall use a water-tight vehicle provided with
a tight cover and so operated as to prevent offensive odors escaping therefrom
and refuse from being dropped, blown or spilled. Satisfactory proof of compliance
with the provisions of this section shall be given by the permittee at the time
of issuance of the permit.
Section 19. Responsibility of owners and agents.
The owners of agents, tenants or lessees of all residential units and commercial
establishments shall be responsible for compliance with this ordinance.
Page 7
Section 20. Maintenance of property.
(1) Sidewalks, alleys, and rights-of-way. All owners and occupants of property
shall maintain their property in a clean and litter-free manner, including
sidewalks, grass strips, one-half of alleys, curbs, or rights-of-way up to the
edge of the pavement of any public street.
(2) Sweeping into sidewalks or streets. No person shall sweep into or
deposit in any street or sidewalk the accumulation of litter from any building
or property.
Section 21. Violations.
Any person violating or failing, refusing or neglecting to comply with any
provision of requirement of any section or subsection of this ordinance, in
addition to any other remedy, shall be punished by a fine not to exceed one
hundred dollars ($100.00) or imprisoned for not more than thirty (30) days for
each and every offense; and each and every day during which a violation occurs
shall be a separate and distinct offense.
Section 22. Trash and weeds; duty of person responsible. -
(1) It shall be unlawful for any person to maintain premises, including vacant
lots or land, upon which trash, grabage or miscellaneous refuse is permitted or
caused to accumulate in any manner. Drive-in restaurants and other food
establishments that permit carry-out food service shall maintain at all times
on their premises sufficient receptacles for the disposal of trash, garbage
and miscellaneous refuse.
(2) It shall be unlawful for any person to maintain, cause or permit uncut
grass, weeds, vines arty under such circumstances that the grass or weeds a:-
the grass, weeds, vi nce.
(3) In the event the owners and occupants responsible refuse to remove th
trash, garbage, or re use from the property r_... elate,
p party on which it is al]_owPA + _
or refuse to cut grasz �- --
notice in writing has,,
responsible, he or sh
(4) If the owner ane;-
Department of Sanitai
objections and prote= 1:71711:Y-of the trash,
garbage, or refuse, proposed cutting of the grass, weeds, vines and
bushes. The Department of Sanitation, if it deems necessary, may then enter
upon the premises where the violation occurs and remove the trash, garbage or
refuse. The Department of Parks, if it deems necessary, may then enter upon
the premises where the violation occurs and cut grass, weeds, vines and bushes.
(5) If the owner of the property, after due notice, has failed or refused to
remove the trash, garbage, or refuse, or to cut the grass, weeds, vines and
bushes and the Department of Sanitation or Department of Parks has caused the
removal of said trash, garbage, refuse, grass, weeds, vines and bushes, in
addition to all other remedies, the City may assess costs incurred by it, and
this shall be a charge against the owner, and shall be a lien against the
property from which the trash, garbage, or refuse has been removed or the
grass, weeds, vines and bushes have been cut.
Section 23. Community improvement division; duties and responsibilities
of supervisor and inspectors.
The supervisor of the Department of Sanitation and those inspectors assigned to
assist him shall have the duty and responsibility of enforcing this ordinance.
They shall be empowered to issue citations when any of the provisions of these
sections have been violated. Citations so issued may be delivered in person to
the violator by the supervisor or his inspectors.
Page 8
Section 24. Severability.
If any provision of the sections of this ordinance is for any reason held
to be invalid or unconstitutional by any court of competent jurisdiction, such
provision shall be deemed a separate, independent provision and such holding
shall not affect the validity of any other provision, and to that end, the
provisions of this ordinance are hereby declared to be severable.
PASSED AND ADOPTED by the City Council this 27th day of March ,
1978, and approved by the Mayor this 27th day of March 1978.
Leo P. Rooff, yor
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ATTEST:
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Katherine Gibbs, City Clerk
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1 STATE OF IOWA, I Ro-bert J "-?cCov
Black Hawk County, SS Publisher of the Waurl00 LhUr cr
a daily newspaper printed in the English
' aterloo, Black Hawk County, Iowa do solemnly swear that
a -----Ordinance No . 2958------------•-------------------------------
r :e was published in the English language only xeguhnrDy
�YyS� aa 5
1,.iY l _Y y- �•
�a ; , �► � � a----------------- ----for--------------- consecutive----------------------
;mencing on the----------------day of -- -- - ---- - 19- -- -
see issues of----------------------- 97
` "fit- ` of said newspaper, and
,N ` 0% -
ova b► �`.,�„w` I the annexed rate of advertising is the regular legal rate of
40 �b.W",
° s'rsr•A"b • newspaper, and that the following is a correct bill for pub-
' `. lift tew w►Y01d arb w obi ma
.�"� ar p� 'AVEyng said notice.
w" Saw+ W a��� rso Printer's Bill $----190- 32— - ---
M. pt4 ►+�
-----------------------------------
--------------------------
t � aw�5 ,
act
---------
--------------
6 a aa� b wwi""P 31st
ut � grls. F91 Subscribed and sworn to before me this-----------------day
uysr,.�'"aiza .9&4u March A. D. 19__78
ark
Wit �!►..K'at ,ayytMR'Mi� -- --- - ----- -----------------------------
_ 1L 9dTS '•'ic y-"pR.' - Notary Publlo
,fro no
ttsx r'�i A°� Received of---------------------------- --------------------------- ---------
`N6 nb 4>M , nnsum of--------------------------------------------------
----------------- -------- ---------------------- - - - -- Dollars
r
� pb
• '� ` , Ksi w 11 for publication of the above notice.
Xt
. -----------------------------------Publishers---
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