HomeMy WebLinkAbout2818-05/24/1976 /d
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ORDINANCE NO.
AN ORDINANCE REPEALING CHAPTER 16, GARBAGE AND TRASH, OF THE CODE
OF ORDINANCES, CITY OF WATERLOO, IOWA, AND ENACTING IN LIEU THEREOF
NEW CHAPTER 16, GARBAGE AND REFUSE.
BE IT ORDAINED by the City Council of the City of Waterloo, Iowa:
That Chapter 16, Garbage and Trash, of the Code of Ordinances, City of
Waterloo, Iowa, is hereby repealed; and that new Chapter 16, Garbage and
Refuse, is hereby enacted in lieu thereof as follows:
Chapter 16
GARBAGE AND REFUSE
Article I. In 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 wastes 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, liquids or otherwise.
(c) Dwelling units shall mean each household unit occupied by a single 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
a separate business unit.
(e) Premises shall 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 two or
more dwelling units.
(g) Refuse shall mean all combustible inorganic waste material and rubbish
such as papers, sweepings, rags, ashes, cinders and similar materials
originating from the ordinary household or business operations.
Sec. 16-2. Disposal service provided; exceptions.
Garbage and refuse disposal service shall be extended to every dwelling
unit within the corporate limits of the city, with the following exceptions:
(a) Owners or occupants of acreages and farms engaged in agriculture and
the raising of livestock who agree to feed or otherwise dispose of their
garbage, and keep their premises free from the accumulation of refuse shall
be exempt from this service.
(b) The city in its sole judgment shall have the right to refuse such service
to anyone whose premises are not easily accessible or are so far removed from
a well settled area as to make such service impractical.
(c) Business establishments shall have a private licensed collector remove
garbage and refuse, or under special permit they may remove such garbage
and refuse themselves in accordance with Section 7 of this article.
(d) Multiple dwellings shall have the option of requesting refuse service
from the City or may have a private licensed collector remove such garbage
and refuse or under a special permit they may remove such garbage and
refuse themselves in accordance with Section 7 of this article.
Sec. 16-3. Division of solid waste: Created; administration; composition;
council's authority to regulate.
(a) The division of solid waste in the department of streets is hereby
established.
(b) The division shall be under the control of the street superintendent
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 and refuse within the corporation limits of the
city and see that all garbage and refuse 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 division shall consist of a director of solid waste and such other
employees as may be necessary in order to efficiently handle the collection
of garbage and refuse, and the street superintendent shall employ such
director and such employees at such compensation as may be deemed right and
necessary.
(d) The council may from time to time by resolution provide such other
rules and regulations in addition to the provisions of this article as may
be deemed necessary for the proper administration of the division and the
collection of garbage and refuse by and in the city.
Sec. 16-4. Separate account created for solid waste division; Finance
Director to maintain account.
A separate account shall be set up for the solid waste division to be known
as the Solid Waste Collection Appropriation of the General Fund. A full and
complete accounting shall be kept by the city Finance Director so as to
reflect all receipts and expenditures in the division.
Sec. 16-5. Containers: Required; deposits regulated; location for collection;
platforms, racks prohibited.
(a) Every owner or occupant of any private dwelling, trailer, or multiple
dwellings shall have one (1) but not more than six (6) or on the collection
day following a public holiday eight (8) water and fly-tight containers of
not less than five (5) nor more than thirty (30) gallons or weighing more
than 75 pounds provided with bails or handles to receive all garbage and
refuse which may accumulate. There shall be no container limit on special
clean up days as may hereafter be designated by the Mayor, however said days
shall be limited to two (2) such days each year. All garbage shall be drained
and wrapped for deposit in containers. All refuse shall be placed in
containers, except hedge and tree trimmings may be tied in bundles not more
than three (3) feet long, eighteen (18) inches in diameter, and not in excess of
fifty (50) pounds in weight; the collector shall not be required to take more
than two (2) containers or bundles in this category on any collection day.
Magazines and newspapers must be tied in bundles, and not to exceed fifty (50)
pounds.
(b) Containers shall be placed in a neat and orderly manner in the front
parking three (3) feet from the curb line or in the absence of front parkings
the containers shall be placed three (3) feet from the edge of the alley
not prior to 6:00 P.M. the day preceding collection, and the containers shall
be removed from the parking not later than 8:00 P.M. the day of collection or
as otherwise directed by the director of solid waste.
(c) It shall be unlawful for any person to place on city owned front or
side parking any temporary or permanent platform, rack or other structure
designed to hold garbage containers, nor shall any garbage container
carts be placed on any city owned front or side parking except during the
hours of collection specified above.
Sec. 16-6. Disposal on public property.
It shall be unlawful for any person to deposit any garbage and refuse
in any park, street, or on any other property within the city unless such
refuse be deposited in containers, the size and location of which are
provided in this article.
Sec. 16-7. Private collectors or permits to remove own accumulations
authorized.
Any multiple dwelling may, in lieu of having the city collect its
garbage and refuse, and any business shall have the same collected by a
private licenced collector, or it may apply to the mayor or director of
solid waste for a special permit to haul its own garbage and refuse to the
designated disposal area, provided however, that no person conducting a
business and holding such a permit shall haul any garbage and refuse for
any other person, nor from the residence of such permit holder or the
residence of any officer, member, employee or agent of such permit holder.
A holder of such permit shall pay the fee or charge for depositing garbage
and refuse in the place provided therefor in accordance with the fee
established in Section 16-8.
Sec. 16-8. Fee for service; penalty for late payment; reimbursement.
(a) The expense of the garbage and refuse service shall become a charge
against the owner or occupant of every dwelling unit in the sum of two
dollars ($2.00) per month.
(b) There shall be assessed a penalty of five per cent (5%) if the bill
for garbage and refuse service is not paid at the time indicated on the bill.
(c) The city may change and readjust the garbage and refuse service fee
from time to time as it becomes necessary so as to be sufficient in each
year for the payment of expenses of operation and for repair, maintenance,
and replacement of garbage and refuse equipment.
(d) If the fee as specified in this section or as hereafter readjusted is
not paid after a reasonable period of time, there shall be added to the
fee a penalty of five per cent (5%) .
(e) All fees collected shall be reimbursed for a dwelling unit with an
annual gross income of less than $6,000.00; reimbursement shall be applied
for by filing an application with the City Finance Director on or before
the 15th day of May of each year on forms to be made available by the City
Finance Director.
Sec. 16-9. Collection of fees; discontinuance for failure to pay,
disposition of proceeds.
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 8 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 or multiple dwelling
who provides and pays for the water and sewer consumption charges of his
tenants shall also be responsible and pay for the garbage and refuse service
charge of his tenants. Collection policies shall be the same as the other
city utility services. City garbage and refuse service shall be discontinued
if the payment for garbage and refuse service is refused. Amounts collected
for the garbage and refuse service shall be deposited in the Solid Waste
Collection Appropriation of the General Fund of the City.
It shall be at the discretion of the Waterloo Water Works to decide
on vacancies and partial use of dwelling units in connection with monthly
and/or quarterly billing amounts pertaining to solid waste collections.
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Sec. 16-10. Disposition areas to be established by council; fee.
Disposition of garbage and refuse shall be in areas designated by the
council. Disposition of solid, construction rubble, such as concrete,
brick, stone, sand or dirt, shall be in areas designated by the council.
The fee to be charged shall be five dollars ($5.00) per ton.
Sec. 16-11. Unlawful to permit accumulations hazardous to health.
It shall be unlawful for any person to permit to accumulate on any
premises, improved or vacant, or on any public place in the city, such
quantities of garbage and refuse, either in containers or not, that shall,
in the opinion of the city Director of Health and Sanitation, constitute
a health or sanitation hazard.
Sec. 16-12. Rubbish and trash near buildings, or in cellars or alleys
prohibited; may be abated as a nuisance.
Any person who shall throw, deposit or place in or about any building
or cellar or in or upon any 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
alley, any boxes, paper, garbage, refuse, or other rubbish of any kind or
character whatsoever, shall be deemed guilty of an offense. Boxes, papers,
garbage, refuse, or other rubbish which have been thrown, deposited or placed
in or about any building or cellar or alley in the city, or which have
accumulated in such places shall be deemed a nuisance and may be abated.
Sec. 16-13. Authorized collectors.
No other person than the agents of the city or persons so authorized
by it shall collect or transport garbage through or upon the streets or
alleys 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 other 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, except when loading or unloading the vehicle. 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.
Article II. Private Collectors
Sec. 16-15. Disposition through collectors authorized.
Persons operating restaurants, cafeterias, clubs, boarding or eating
houses, lunch counters, or other business establishments, within the
corporate limits of the city shall dispose of garbage through collectors
licensed by the city as provided in this article.
Sec. 16-16. Permit required; issuance upon approval of equipment;
inspection.
No person shall engage in the business of collecting and hauling garbage
or refuse in the city without first obtaining a permit from the clerk, which
permit shall be issued when the equipment for hauling said garbage or refuse
shall meet the requirements of this article, which equipment shall have been
inspected, and an inspection fee shall have been paid to the City Clerk;
the inspection fee shall be $35.00 per vehicle per year. The license shall
be valid for one (1) year unless sooner revoked as provided in this article.
Sec. 16-17. Transferability of permit as to persons and vehicles.
No permit issued pursuant to this division shall be transferable
from one person to another, or from one vehicle to another.
Sec. 16-18. Revocation of license; hearing required; notice.
Any one licensed in accordance with the provisions of this article who
fails or refuses to gather and carry away, in covered receptacles, any
deposit of garbage in the proper manner from any place where the same is
deposited for removal by him, may have his license revoked by the city
council after a hearing before the council. The licensee allhave at
least five (5) days notice prior to the hearing and an opportunity
appear and be heard.
Sec. 16-19. Transporting, etc. , waste material.
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 vehicle so that said garbage, rubbish, trash, waste, building
material, tree or shrubbery branches or limbs, or any other waste material
does not fall off or blow off or out of the vehicle hauling the same. In
the event any of said garbage, rubbish, trash, waste, building material,
tree or shrubbery branches or limbs, or any other waste material falls
off, blows off or out of the vehicle, the person hauling the same shall
clean up all of the waste material.
Any person who 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 unauthorized places; penalty.
Any person who shall use any lot, open space, street
orproadway in ded for and
the city instead of the burying, dumping and burning ground
established by the council, for the dumping or depositing of dead animal
matter, garbage matter, and offensive materials and substances, and other
refuse or rubbish, shall be guilty of a misdemeanor, and upon conviction
thereof shall be punished in accordance with Section 1-8 of the Code of
Ordinances of the City of Waterloo, Iowa.
Sec. 16-21. Exceptions for persons desiring to fill lots; bond required.
Any person owning a lot or tract of ground which is low and in need of
being filled, may file with the clerk a bond in the amount of one thousand
dollars ($1,000,00) guaranteeing that he will keep the lot or tract of ground
in a sanitary and sightly condition, and may then have
the lot or tract of
bond by
ground filled by dumping rubble thereon, upon
the council.
Sec. 16-22. Severability of sections.
Should any section, paragraph, sentence, clause, or phrase of this
ordinance be declared unconstitutional or invalid for any reason, the
remainder of said ordinance shall not be affected thereby.
Sec. 16-23. Effective date.
This ordinance shall be in full force and effect on July 1, 1976, and
at that time, all ordinances and parts of ordinances in conflict with this
ordinance are hereby repealed.
PASSED AND ADOPTED by the City Council this `}L�'t day of. ?7z 1 76.
1976, and approved by the Mayor/this a � day of �
ATTEST: o ert R. Wi arm,
Mayor Pro Tem
Katherine Gibbs, CityClerk
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