HomeMy WebLinkAbout3541-04/04/1988 ORDINANCE NO. 3541
AN ORDINANCE AMENDING THE 1988 CODE OF ORDINANCES OF THE
CITY OF WATERLOO, IOWA, BY REPEALING THE EXISTING
CHAPTER 16 - GARBAGE AND REFUSE AND ENACTING IN LIEU
THEREOF A NEW CHAPTER 16 - GARBAGE AND REFUSE.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA,
as follows:
Division 1. That the existing Chapter 16 of the 1988
Municipal Code of Waterloo, Iowa entitled "Garbage and Refuse" be
and the same hereby repealed in its entirety.
Division 2. That a new Chapter 16 be adopted as a part of
the 1988 Municipal Code of Waterloo, Iowa, as follows:
CHAPTER 16
GARBAGE AND REFUSE
Art, I . In General, 16-1--16-14
Art. II . Private Collectors and Haulers, 16-15-16-20
Art . III . Rubble Sites, 16-21--16-26
Art. IV, Penalty, Severability, 16-27--16-28
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 putrescrible 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.
(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 as 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 more than four ( 4 ) dwelling units.
(g) Refuse shall mean all non-hazardous materials and
rubbish such As papers, street sweepings, rags, yard
trash, 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.
Ordinance No. 3541
Page 2
(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.
Sec. 16-2. Disposal services provided; exceptions.
The City of Waterloo shall provide garbage and refuse
disposal service to every dwelling unit 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 remove such garbage and refuse.
(c) Hazardous materials shall not be accepted for disposal
by the City or private haulers licenses under this
Chapter.
Sec. 16-3 . Department of Sanitation; created; administration;
composition; Councils 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 and refuse within the
corporate 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 Department shall consist of such employees as may be
necessary in order to efficiently handle the collection
of garbage and refuse, and the Public Works Director
shall 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 Article as may be
deemed necessary for the proper administration of the
Department and the collection of garbage, refuse, and
solid waste by and in the City.
Sec. 16-4 . Separate account created for Sanitation Department;
Finance Director to maintain account.
A separate account shall be set up for the Sanitation
Department 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 to reflect
all receipts and expenditures in the department.
Sec.. 16-5 . Containers or bundles required; deposits regulated;
location for collection; platforms, racks prohibited.
(a) Every owner or occupant of any private dwelling shall be
limited to a total of 15 containers or bundles per week.
Containers for garbage shall be watertight and flytight
Ordinance No. 3341
Page 3
containers of not more than 30 gallons capacity.
Containers shall have handles or -bails or be disposable
bags made and suited for disposing of wastes. No
bundle, container or bag shall weigh more than 65
pounds. Bundles or individual items shall not be longer
than four feet or more than 18 inches in diameter or
dimension. Bundles must be securely tied. All garbage
shall be drained and wrapped before deposit in
containers. Magazines and newspapers must be deposited
in containers or securely tied in bundles. The City may
waive the container limit on special occasions and will
make special arrangements to handle large and bulky
items at the discretion of the Public Works Director
and/or City Council.
(b) Containers shall be placed in a neat. and orderly manner
in the front parking or adjacent to the rear public
alley three ( 3 ) feet from the curb or public alleyline
or in the absence of front parkings or public alleys the
containers shall be placed three ( 3 ) feet from the curb
line or the nearest street frontage not prior to 6 : 00
p.m. the day preceding collection, nor later than 6: 00
a.m. the day of collection. The containers shall be
removed from the street or the parking- not later than
800 p.m. the day of collection or as otherwise directed
by the Public Works Director.
(a) 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 location within the City unless such refuse be
deposited as provided in this article.
Sec. 16-7. Private collectors or permits to remove own
accumulations authorized.
Any multiple dwelling and any business shall have the same
collected by a private licensed collector.
Sec. 16-8. Fee for service; penalty for late payment; exemptions .
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 six dollars and eighty cents ( $6. 80) per month.
(b) An individual may be granted an exemption to the fee set
out in paragraph (a) above 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.
Ordinance No. 3541
Page 4
(d) The City may change and readjust the garbage and refuse
service fee 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 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 his tenants shall also be responsible and pay
for the garbage and refuse service charges of his
tenants. Collection policies shall be the same as the
other City utility services.
When a fee is six ( 6) months delinquent, the unpaid fee
for 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 Collection Appropriation of the General
Fund of the City.
(b) 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.
Sec. 16-10. Disposition areas to be established by Council.
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 approved by the City as set forth 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 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 Department of Health,
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;
certain open burning prohibited.
Any person who shall 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, or other rubbish of any kind or
character whatsoever, shall be deemed guilty of any offense.
Boxes, papers, garbage, refuse, 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
Ordinance No. 3541
Page 5
burning of garbage and refuse, except for yard trash and similar
vegetation shall be prohibited and may be abated as a nuisance.
Any open burning must comply to the Code of Ordinances of the City
of Waterloo, Iowa.
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 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, 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.
ARTICLE II. PRIVATE COLLECTORS AND HAULERS
Sec. 16-15. Disposition through collectors authorized.
Persons owning or operating restaurants, cafeterias, clubs,
boarding or eating houses, lunch counter, other business
establishments or multiple dwelling units in 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.
(a) No person shall engage in the business of collecting and
hauling garbage or refuse in the City without first
obtaining a permit from the City. The permit shall be
issued when the equipment for hauling said garbage or
refuse 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 name and address 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:
Ordinance No. 3541
Page 6
( 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
prevent the loss of any rubbish or bulk material.
Plywood or hardboard may be used to line the interior;
however, .large sections of cardboard 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 can 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 bulk
material. 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 prevent
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
and Sanitation.
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 in accordance with the provisions of this
Article who fail or refuse 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 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 n this City unless the same is contained
in covered receptacles or is otherwise secured either to
or within the vehicle 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.
Ordinance No. 3541
Page 7
(b) 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 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 or rubbish, shall be guilty of a
misdemeanor, and upon conviction thereof shall be punished
accordingly.
ARTICLE III - RUBBLE SITES
Sec. 16-21. Definitions.
For the purpose of this Article, the following words and
phrases are defined and shall be construed to mean, unless the
context in which they are used clearly indicates an intent to the
contrary, as follows:
(a) Fill or filling shall mean the act of placing, Setting
down or depositing rubble on land for the purpose of , or
which has the resultant effect ofchangingthe existing
s�xin
contour or raising the elevation of said land.
(h) Rubble shall mean dirt, stone, brick, or similar
inorganic material.
(c) Rubble permit shall mean a permit to engage in the act
of filling on a specified parcel of land.
(d) Person shall mean and include any person, firm,
corporation or partnership.
Sec. 16-22 . Rubble Disposal or filling--Permit required.
( a) No person shall fill upon any lot, tract or parcel of
land unless he shall first obtain a rubble permit and
post a suitable bond as provided herein.
(b) All rubble permits shall be issued by the Health
Department upon application being duly approved. Said
application shall be signed by the owner of the
premises, together with the person applying for the
permit, if he be other than the owner. The application
shall also include a plat or site plan including, but
not limited to, the description
e als f property
g of the prop ty
and existing and proposed final ground elevations. The
application shall also include an estimate of the number
of cubic yards necessary to fill said land to
approximately the grade of terrain bounding the area to
be filled. The owner shall allow City personnel, or the
City' s designated representatives, access to the
property for purposes of reviewing the physical features
of the site for the approval of Rubble Site applications
or renewals . The permit shall run for a period of one
( 1) year and shall be subject to renewal. The Health
Department shall have the right to revoke such permit at
any time within the year or refuse to renew the permit
if , in its judgment , the permit teeis depositing or
permitting or causing to be deposited any materials on
said premises other than rubble, or has failed or
refused to comply with any of the regulations set forth
in this section.
Ordinance No. 3541
Page 8
(c) There shall be submitted with the application a permit
fee of $50. 00 and a cash bond or surety bond executed by
a surety company licensed to do business in Iowa, in the
sum of not less than Ten Thousand Dollars ( $10 000 . 00) ,
to secure the City against damages and expenses which it
may incur in the correction of conditions in said
applicant' s operations. The bond shall be approved by
the City Council prior to the issuance of said permit.
((:1 ) If a rubble permit is sought for any fill activity
located within the flood plain, prior approval and
certification must be obtained from the Iowa Department
of Natural Resources. Said certification must accompany
the application and bond.
Sec. 16-23 . Filling Regulations.
Every person who shall fill upon any lot, tract or parcel of
land shall fill such land as evenly as possible and at the end of
such filling shall level and grade such fill and shall see to it
that the top sixteen ( 16) inches thereof shall be of soil, free
from broken concrete and relatively free from debris, and that the
upper four ( 4 ) inches thereof shall be kept free from dust and
erosion due to water and wind at all times during and after the
filling operations and after filling, the permit holder or owner
shall establish and maintain vegetative cover.
Sec. 16-24. Duties and Powers.
(a) The Department of Health shall enforce these
regulations. Said Department shall have power and
authority to require compliance with this Article.
(b) The Department of Health may require that a person in
violation of this Article discontinue operations until
such time as they conform to the terms of this Article.
(c) The site shall be reviewed by the city Planning and
Development Division prior to the final issuance or
renewal of any rubble permit for encroachments into
proposed or existing public right-of-way, drainage or
utility easements or adverse effects on the overall
development of the surrounding area or any other
potential problems that the filling operation might
incur.
Sec. 16-25. Persons Liable.
The owners, lessees, or any other persons having possession
and control over any filling operation or any public or private
dumping ground, under the terms of this Article, shall be
responsible for the acts of their agents or employees , to the same
extent as though they were the act of such principal. The owners,
lessees, or other persons shall be subject to citation for
violation of the provisions of this Article by any of their
agents, or employees, and any penalty imposed under the terms of
this chapter may be imposed upon said principal and/or upon the
agents, or employees , of the principal.
Sec. 16-26. Public Nuisance.
The depositing on any land of materials other than rubble
with or without the possession of a valid permit as provided
herein is hereby declared to be a public nuisance.
Ordinance No. 3541
Page 9
O n ;7E-1
H M
'
d O } ARTICLE IV. PENALTY, SEVERABILITY
Lri
[71
Sec. 16-2 . Penalty.
Persons violating the provisions of this chapter 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. 16-28. Severability of sections.
Should any article section, paragraph, sentence, clause or
phase of this chapter be declared unconstitutional or invalid for
any reason, the remainder of said chapter shall not be affected
thereby.
Division 3 . This ordinance shall be effective on July 1,
1988- All fees shall be in effect on all bills mailed and on all
permits issued following July 1 , 1988.
Division 4_ All other ordinances or parts of ordinances in
conflict herewith are hereby repealed.
Passed and adopted by the City Council of the City of
Waterloo, Iowa, on the 4th day of April, 1988 , and approved by the
Mayor on the 6th day of April, 1988 .
Bernard L. S4cKrnley, ayor
ATTEST:
Larry / urger, C:' y Clerk/Auditor
CERTIFICATE
1 , Larry P. Burger, City Clerk of the City of Waterloo, Iowa,
do hereby certify that attached hereto is a true and complete copy
of Ordinance No. 3541 , as passed and adopted by the Council of the
City of Waterloo, Iowa, on the 4th day of April, 1988.
Witness my hand and seal of office this 6th day pril,
1988.
far y P urger, ty Cier _/Auditor
•
STATE OF IOWA,) I do solemnly swear that the annexed copy of Legal
• 5S
Black Hawk County, City of Waterloo : Ordinance No . 3541
•
ORDINANCE NO.3541
AN ORDINANCE AMENDING notice was published in the ,
t nterl o o Qo u r!c a daily newspaper printed In Waterloo,
THE 1988 CODE OF OR- Black Hawk County, Iowa ._ .,.DINANCES OF THE CITY OF y once - ,®eee-
WATERLOO, IOWA, BY RE-
PEALING THE EXISTING
CHAPTER 16•GARBAGE AND commencing on the -de
ref AND ENACTING IN Y"of- 49- in the issUeof
LIEU THEREOF A NEW A f1�y -
CHAPTER 16-GARBAGE AND
REFUSE. APril29, 198
8
BE IT ORDAINED BY THE
COUNCIL OF THE CITY OF
I WATERLOO;IOWA,as follows:
Division 1. That the existing •
of said newspaper, and that the annexed rate of
Chapter 16 of the 1988 Municipal
Code Waterloo, e"Iowa end the advertisingI$ following
"Garbageodeofandt loo, "aeenti the
the regular legal rate of said newspaper,and that the Is a correct bill for
same hereby repealed in its en- ' publishing said notice.
tlrY•
Division 2.That a new Chapter 16 Printer's Bill
be adopted as a part of the 1988
-Municipal Code of Waterloo,
Iowa,as follows:
CHAPTER 1 !, 3---e-----w-------'
GARBAGE AND REFUSE Sigrlf;d-(A '
1). '1...1
Art.I.In General,16-1--16-14
Art. II. Private Collectors and
Haulers,16-15--16-20 Art.ill.Rub- �:
bla saes,16-21-16-26 Subscribed and sworn to before me this e, `4-4 Z_day of
Art. IV. Penalty, Severablllty, ! p .,.
16-27-16-28ATICC �)i �! T
ARTICLE I.IN GENERAL A.D., 19 �5 s
Sec.16-1.Definitions.
For the purpose of this chapter the J
following words and phrases shall /�'Th
have the meanings ascribed to rot,--",,,.,,,,,... C_.o"� pnja( � ,�them In this section unless dif• I�
ferent meanings are clearly In- Notary Public
dicated by the context:
(a)Business shall mean each sep- Received of
arate establishment for carrying
on a gainful occupation.
(b) Garbage shall mean
putrescrlble animal and the sum of _
vegetable wastes resulting from Dollars
the handling, preparation, cook- in full for publication of the above notice.
ing and consumption of foods In-
cluding animal carcasses or parts
thereof, and shall Include all
waste material,by-products of a
kitchen,every refuse accumula• —
tion of animal,fruit or vegetable
matter.
(c) Dwelling units shall mean
each household unit occupied by a