City Ordinances: Chapters 105-106

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CHAPTER 105: COLLECTION OF SOLID WASTE

105.01    DEFINITIONS.  The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

  1. “Appliances” includes, but is not limited to, refrigerators, freezers, kitchen ranges, air conditioning units, dehumidifiers, water heaters, furnaces, thermostats, clothes washers, clothes dryers, dishwashers, microwave ovens, and fluorescent light fixtures (excluding bulbs). These items may contain Polychlorinated Biphenyl (PCB), capacitors, refrigerants and components containing mercury which are restricted by law from being disposed of at a landfill.
  2. “City” means the City of Rock Valley, Iowa.
  3. “City-owned container” means those solid waste and recyclable containers that the City purchases and provides to the owners or occupants of residential premises for the placement of solid waste and recyclable materials for collection by the City.
  4. “City solid waste” means all solid waste located upon and to be collected from City-owned property, including (but not limited to) City parks, campgrounds, shop and office buildings, and department buildings.
  5. “Commercial solid waste” means solid waste resulting from premises not defined as residential premises or as multi-family residential premises. Commercial solid waste does not include waste from reserved accounts or City solid waste.
  6. “Extra trash item” means one 33-gallon trash bag or one box no larger than
    24 x 24 x 36 inches, with a maximum weight of 50 pounds.
  7. “Hazardous waste” and “hazardous substance” have the same meanings and definitions as defined by Iowa law and include, but are not limited to, explosive materials, flammable materials, drugs, poisons, radioactive materials, highly combustible materials, and other materials that may present a special hazard to collection or disposal personnel or equipment or to the public.
  8. “Large item” means an item that does not fit in a 33-gallon trash bag or box no larger than 24 x 24 x 36 inches. Large items include, but are not limited to, a table, a couch, a loveseat, a mattress, a box spring, four (4) kitchen chairs, five (5) boxes or bags (maximum 40 pounds each), or five (5) rolls of carpet (4-foot length by 18 inches in diameter).
  9. “Multi-family residential premises” means a multiple-family dwelling building, an apartment building, a condominium, or a complex of residential buildings, containing four (4) or more individual living units.
  10. “Owner” means and includes the record titleholder or any person residing in, renting, leasing, occupying, operating, or transacting business in any premises, and as between such parties the duties, responsibilities, liabilities and obligations imposed in this chapter shall be joint and several.
  11. “Person” means and includes an individual or group or association of individuals; a firm or any member thereof; a limited liability company or corporation, or any executive officer, manager, person in charge or employee thereof; and the use of a pronoun specifying one gender shall include both genders.
  12. “Recyclable materials” means newspaper, corrugated containers, magazines, catalogs, junk mail, craft bags, bimetal and ferrous cans, aluminum cans, and recyclable plastics, whether alone or in combination.
  13. “Refuse” means solid waste not required to be recycled or reused.
  14. “Reserved accounts” means the accounts of those premises designated by City Council resolution, in which the City specifically reserves the right to collect solid waste from said premises.
  15. “Residential premises” means and includes single-family dwellings and any multiple-family dwellings regardless of the number of separate living units or family quarters.
  16. “Rubbish” means non-putrescent solid waste consisting of combustible and noncombustible materials.
  17. “Solid waste” means garbage, refuse, rubbish, and other similar discarded solid or semisolid materials, including but not limited to such materials resulting from industrial, commercial, agricultural, and domestic activities. Solid waste may include vehicles, as defined by Section 321.1 of the Code of Iowa.  Solid waste does not include any of the following:
    (Code of Iowa, Sec. 455B.301)

    1. Hazardous waste regulated under the Federal Resource Conservation and Recovery Act, 42 U.S.C. § 6921-6934.
    2. Hazardous waste as defined in Section 455B.411 of the Code of Iowa, except to the extent that rules allowing for the disposal of specific wastes have been adopted by the State Environmental Protection Commission.
    3. Source, special nuclear, or by-product material as defined in the Atomic Energy Act of 1954, as amended to January 1, 1979.
    4. Petroleum contaminated soil that has been remediated to acceptable State or Federal standards.
    5. “Superintendent” means the City’s designee in charge of solid waste collection of the City, including (but not limited to) the administration and enforcement thereof, or any duly authorized agent or representative of the City’s designee.
    6. “Yard waste” means grass clippings, leaves, garden waste, brush, or tree branches. Yard waste does not include tree stumps.

105.02    COLLECTION SERVICE.  The regulation, handling, collection, and transportation of solid waste are hereby declared to be a City enterprise under the authority, control, and direction of the City Council.  No person shall collect or transport solid waste within the City for compensation except as specifically provided in this chapter.  Collection and transportation of solid waste within the City are deemed to be matters of such importance to the public health, safety, and welfare and are found to be subject to State and Federal requirements such that solid waste collection, transportation, and disposal shall be conducted by the City exclusively.  Except for the premises of reserved accounts and City solid waste, the owners of commercial, industrial, or institutional premises shall provide for the collection of commercial solid waste produced upon such premises.  Only a permitted private waste hauler may provide commercial solid waste collection service.  All rates negotiated between a private waste hauler and such an owner for the collection of commercial solid waste shall be approved by the City in order to maintain a reasonable, uniform and equitable rate structure throughout the City.  Commercial solid waste shall be collected from such premises before an accumulation of the solid waste creates a nuisance.  This chapter provides for certain collection and disposal procedures relative to solid waste.  Collection and disposal procedures specific to recyclables and yard waste are set forth in Chapter 106.

105.03    ENFORCEMENT.  The Superintendent or any authorized employee or representative of the City shall enforce this chapter.

105.04    RESIDENTIAL COLLECTION.  Except as set forth in subsection 7 of this section, the City shall provide solid waste collection service to remove solid waste from residential premises, subject to the following conditions, prohibitions, and requirements:

  1. Such collection shall be made on a weekly basis not less than 52 times per annum in accordance with schedules to be developed by the Superintendent. Such scheduled weekly collection may be deferred to a following day to conform to holiday observances or weather conditions.  Such schedule may be altered from time to time as deemed necessary by the Superintendent or City Council.
  2. Collection of solid waste shall be made from streets unless specifically approved or directed by the Superintendent for alley or alternate collection, pursuant to the following:
    1. Whenever solid waste is collected from the street, residents desiring to have solid waste collected by the City shall cause it to be deposited upon the parking or terrace adjacent to and within approximately 18 inches of the near edge of the roadway in front of their premises.
    2. No solid waste or solid waste containers shall be deposited by any person upon any sidewalk, crosswalk, or roadway, or upon any alley right-of-way, so as to obstruct or block pedestrian movement or vehicular traffic.
    3. No person shall deposit solid waste or solid waste containers upon the parking or terrace of the street in front of premises more than 24 hours before the date designated for solid waste collection. No person shall allow solid waste containers to remain on the parking or terrace of the street in front of that person’s premises for more than 24 hours after the date designated for solid waste collections.
    4. No person shall place an appliance for collection.
    5. No person shall place an extra trash item for collection unless such person shall have affixed an extra trash sticker to such extra trash item prior to its collection.
    6. No person shall place a large item for collection unless such person shall have affixed a large item disposal sticker to said item in a clearly visible location prior to its collection, and shall have scheduled the collection of said large item through the Superintendent or City Clerk. Large items shall not be placed for collection more than 12 hours prior to the scheduled collection time established by the Superintendent.
    7. Solid waste will only be collected from a residential premises if it is placed for collection in a City-owned container billed to that residence, or if it is placed for collection as an extra trash item or a large item as provided in paragraphs E and F above.
  3. The number of containers to be collected per residential premises per week shall not exceed the number of City-owned containers billed to the residence and extra trash and large items with the appropriate stickers, unless during specified periods by Council resolution in response to Council-perceived temporary needs or objectives or permitted by a declaration of a collection emergency by the Superintendent.
  4. Any failure to comply with these sections of this chapter by the owner of such residential premises shall relieve the City of its obligation to collect from said premises such solid waste that is not in compliance therewith as to type, preparation, volume, or place of storage, but in all cases solid waste that meets the requirements of such section shall be collected from such premises as provided in this section.
  5. No person, unless pursuant to a contract with the City permitting that person to collect and remove solid waste rubbish and refuse or unless that person is a City employee acting under the direction of the City Council and the Superintendent, shall collect or remove any solid waste rubbish or refuse which has been deposited or placed by another person on the parking or curb along the roadway adjoining the latter’s premises for collection by the City as provided in this Code of Ordinances.
  6. Upon application by the owner of property, demonstrating that a particular property will be unoccupied for a minimum period of two (2) consecutive months, the Superintendent may temporarily suspend the collection of solid waste from such premises and direct that the property not be charged the monthly charge for solid waste collection service as provided in this chapter. Such application shall be made in writing and filed with the City Clerk.  The applicant shall therein verify that the property will not be or is not occupied.  Collection services shall not be suspended for less than a period of two (2) months, but such suspension shall not exceed six (6) consecutive months.  No additional period of suspension shall thereafter be granted unless the owner makes reapplication for suspension of collection service as provided in this subsection.
  7. Persons owning or occupying single-family residential premises that use dumpsters for solid waste collection at the time of adoption of the ordinance codified in this chapter shall be allowed to continue to use the dumpster for solid waste collection. Such dumpster solid waste collection shall be made on a bi-weekly basis in accordance with a schedule to be developed by the Superintendent.  A monthly collection fee of $35.00 shall be charged to each owner of a residential premises using dumpsters for solid waste collection served by the City.  Upon a change in property ownership or occupancy of such residential dumpster properties, the new owner or occupant shall be subject to all of the conditions, prohibitions, and requirements of this section, and the dumpster shall no longer be used for collection.

105.05    CHARGES FOR COLLECTION SERVICE.

Residential Charges.

  1. A monthly collection fee shall be charged by the City and collected from each owner of a residential premises served by solid waste collection service. Said monthly fee shall be in payment for collection and disposal of solid waste as defined in this chapter, and shall be collected in full each month from all owners or occupants of residential premises except as to those owners or occupants for whom a fee reduction is allowed as provided by Council resolution.  The fee per month for City-owned containers assigned to a residential premises shall be as follows:  $22.00 per month for one City-owned 96-gallon wheeled container, $15.00 per month for one City-owned 48-gallon wheeled container, $16.50 per month for each additionally owned 96-gallon wheeled container, and $9.00 per month for each additionally owned 48-gallon wheeled container.    (Ord. 459-16 – Jun. 18 Supp.)
  2. A fee of $3.00 shall be charged for each extra trash item sticker and a fee of $20.00 shall be charged for each large item sticker.
  3. Extra trash stickers and large item stickers shall be made available at the City Office. The Superintendent shall direct the distribution of extra trash stickers and large item stickers to residents.
  4. The owner of a multiple-family dwelling with four (4) separate living units or family quarters shall, upon prior arrangement with the Superintendent with respect to day and location of collection, verification of number of units, and execution of a hold harmless agreement in favor of the City, arrange for City collection and disposal of solid waste placed by residents of such multi-family residential premises in one or more dumpsters. Such placement and collection of solid waste shall in all other respects be conducted as provided in Section 105.04.  There shall be a fee per separate unit for solid waste collection and disposal, charged as provided in paragraph A of this subsection.
  5. Within the first three months of ownership or occupancy, the owner or occupant of a residential premises may request free of charge a one-time container exchange for a change in container size. Such free-of-charge exchange will be allowed for both a solid waste container and a recycling container.  For each additional exchange, there will be a $50.00 service fee.

Reserved Account Charges. A collection fee shall be charged by the City and collected from each reserved account.  Said fee shall be in payment for collection and disposal of solid waste as defined in this chapter.  Said reserved account owners shall be charged at a fair and reasonable rate as contracted between the City and the reserved account owner, based on the frequency of collection and the amount of solid waste collected.

105.06    BILLING FOR SOLID WASTE COLLECTION.  Solid waste collection shall be billed as part of a combined service account, payable in accordance with the following:
(Code of Iowa, Sec. 364.84)

  1. Bills Issued. The Clerk shall prepare and issue bills for combined service accounts on or before the first day of the month or the fifteenth (15th) day of each month.
  2. Bills Payable. Bills for combined service accounts shall be due and payable at the office of the Clerk within twenty-one (21) days of the issuance of the bill.
  3. Late Payment Penalty. Bills not paid when due shall be considered delinquent.  A late payment penalty of one and one-half percent (1.5%) per month of the amount due shall be added to each delinquent bill.
  4. Payment of Bills. Solid waste collection service may be discontinued in accordance with the provisions contained in Section 92.05 of this Code of Ordinances if the combined service account becomes delinquent.

105.07    ASSESSMENT OF UNPAID CHARGES.  The collection of solid waste, as provided by this chapter, from residential premises and the premises of reserved accounts and the maintenance of the availability of such service, whether or not such service is used regularly or at all by the owner of such residential premises, is declared a benefit to the premises at least equal to the monthly charges specified in Section 105.05 of this chapter.  If the owner of a residential premises or a reserved account fails to pay the monthly charge when due, the monthly charge may be assessed as a lien against the property benefitted as provided by Section 384.84 of the Code of Iowa.  Except as provided for in Section 92.07 of this Code of Ordinances, the owner of the premises served and any lessee or tenant thereof are jointly and severally liable for fees for solid waste collection and disposal.

105.08    CONTAINER SPECIFICATIONS.

Residential

  1. Only City-owned containers provided by the City shall be used for the placement of solid waste for collection by the City. City-owned containers shall be assigned to a particular residential premises and shall remain at that residential premises in the event the owner or occupant moves.  If a City-owned container is lost or stolen from a residential premises, the owner or occupant of the residential premises shall report such event to the City Office.  In the event of loss or theft, a replacement City-owned container or containers shall be provided to the owner or occupant at the owner’s or occupant’s cost.
  2. Disposable cardboard boxes not larger than 24 x 24 x 36 inches may be used for extra trash.
  3. Extra trash and large items such as furniture, automobiles, and major parts thereof that cannot be reduced to fit approved containers shall not be collected; provided, special arrangements can be made for the collection of extra trash and large items as provided in Sections 105.04 and 105.05 of this chapter.

Reserved Accounts and Multi-Family Residential Premises. Containers for solid waste collection of reserved accounts and from multi-family residential premises shall be either City-owned containers provided by the City for collection by the City or a dumpster or other metal bulk storage container approved by the City and provided by the owner of such premises.  City-owned containers shall be maintained, replaced by, and remain the property of the City.  Containers used for City solid waste collection owned by the reserved account and multi-family residential premises owners at the time of adoption of this section may be used for solid waste collection if the container is in suitable condition for such collection, as determined by the Superintendent.  In the event such an account owner requests a change in container size or the container is determined by the Superintendent to be unsuitable for use, the City shall provide a City-owned container for collection at the time of such request or determination.

Containers used for commercial solid waste collection by private waste haulers shall be provided by the commercial account owner or private waste hauler.  Any such containers shall be in a suitable condition for such collection, as determined by the Superintendent.  In the event the Superintendent determines any such container to be unsuitable for use, the container shall be replaced by either the private waste hauler or commercial account owner, as agreed between them.

105.09    TREATMENT PENDING COLLECTION.  All solid waste consisting of waste animal and vegetable matter, which may attract flies, dogs or rodents, shall be drained of all excess liquid, wrapped in paper or disposable containers, and placed or stored, until collected, in covered suitable containers as described in Section 105.08 of this chapter.

105.10    ACCUMULATIONS HAZARDOUS TO HEALTH.  No person shall permit to accumulate on any premises, improved or vacant, or on any public place quantities of solid waste, either in containers or not, which shall constitute a health or sanitation hazard.

105.11    ACCUMULATIONS HAZARDOUS TO PROPERTY.  No person shall permit to accumulate quantities of solid waste within or close to any building, unless the waste is stored in containers in such a manner as not to create a health or fire hazard.

105.12    PERMIT TO HAUL COMMERCIAL WASTE.  No person shall engage in the business of collecting, removing or hauling commercial solid waste from the premises of others within the City limits, other than those resulting from construction or demolition activities, unless such person shall have first applied for and received a permit to do so from the City and paid the required permit fee.  The Council shall determine whether an application is approved or denied and the duration of a permit issued.  Such permits shall be issued and renewed for fiscal years commencing July 1.  Initial permits may be issued by the City for first-time applicants applying during a fiscal year.

105.13    WASTE HAULER’S PERMIT REQUIREMENTS.

  1. An application for a permit required by Section 105.12 shall be filed with the City Clerk and shall contain the following information:
  2. The name and address of the applicant.
  3. The vehicles to be used.
  4. General information concerning the routes to be traveled and places to be served.
  5. No permit shall be issued or renewed unless the vehicles to be used have been inspected by the Superintendent. The vehicles must meet the following requirements:
  6. Construction of the vehicles shall be such that rubbish or bulk material loaded therein or transported thereby shall be securely contained. A truck with open sides, such as a stake-body truck, must have some type of paneling installed on the interior of the stakes so as 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.
  7. 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 so as to prevent the rubbish or bulk material from being blown or allowed to escape.
  8. All vehicles other than stake-body types must be equipped with a tailgate of rigid construction of at least 1½ feet, which, when closed, shall securely hold and contain all rubbish and bulk material. Acceptable paneling as indicated in this subsection may be used in lieu of a tailgate only on stake-body vehicles.
  9. 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.
  10. The applicant shall pay an annual permit fee as set forth in Section 105.14.
  11. All vehicles inspected and permitted 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 City.
  12. All waste haulers permitted under this section agree to and shall provide monthly tonnage reports of solid waste collected and hauled. The monthly report shall be provided no later than the tenth day of the month following any collection to the Superintendent.  An annual tonnage report shall be provided to the Superintendent no later than June 15 of each year.

105.14    PERMIT FEES.

  1. All commercial waste hauler permittees shall submit an annual permit fee to the Clerk, due July 1 of each fiscal year during the permit period. Each permit shall be issued subject to receipt of the required permit fee.
  2. Permit fees may be prorated by the City for first-time applicants applying during the fiscal year.
  3. A permittee who files for a permit renewal less than 30 days prior to the date of permit expiration shall pay a late fee.
  4. The permit fee and the late fee for a waste hauler’s permit shall be in the amounts set by the City Council by resolution.

105.15    WASTE HAULER’S LIABILITY INSURANCE.

  1. No permit required by Section 105.12 shall be issued or renewed until the applicant shall have obtained insurance coverage from an insurance company licensed to do business in Iowa, providing insurance coverage of minimum liability in the amount of $1,000,000.00 combined single limit for general liability and for automobile liability. A policy written with an umbrella form will be acceptable.  Insurance coverage must be maintained for the period the permit is in effect.
  2. The applicant shall furnish evidence to the City of the required insurance coverage by submitting a certificate of insurance. The certificate of insurance shall provide that the insurance cannot be cancelled or terminated until 30 days’ notice by registered mail of such cancellation or termination shall have been given to the City.

105.16    PERMIT EXEMPTIONS.  Vehicles owned and operated by the City or operated under contract with the City shall be deemed to be engaged in a public service function exempt from the requirements of Section 105.13.

105.17    SUSPENSION AND REVOCATION OF PERMITS.

  1. Any permit issued pursuant to this chapter may be revoked for violations of this chapter. No revocation shall be issued except upon notice delivered to the permittee by mailing the notice in the regular mail addressed to the permittee, at the address listed on the application, a minimum of ten (10) days prior to the date set for the hearing before the City Council.  Such notice shall inform the permittee of the time, date, and place of the hearing and the purpose of the hearing.  However, if a violation of this chapter is of such nature that the violation is deemed to be an immediate hazard by the Superintendent and such report is submitted to the City Clerk in writing, the City Clerk shall be authorized to temporarily suspend the permit until notice can be given and a hearing held.  Notice of the immediate temporary suspension shall be delivered by the Clerk in the same manner as the notice of revocation as herein provided.
  2. If, after such a hearing, the City Council makes a finding based on substantial evidence that a violation of this chapter did in fact occur as alleged, the City may continue suspension of or may revoke the permit; the determination of whether to revoke such permit or continue the suspension thereof shall be in the discretion of the City Council or its designee and shall be dependent upon the circumstances surrounding the violation and its severity.
  3. The decision of continued suspension or revocation made by the City Council may be reconsidered by the City Council upon the request of the permittee after 30 days of the date of the initial suspension or revocation hearing determination. In order to request a reconsideration of such suspension or revocation, a written request for such must be filed with the City Clerk.
  4. The request for reconsideration shall state the grounds for such request and shall be delivered personally or by certified mail to the City Clerk for filing. The hearing of such reconsideration shall be scheduled at the next regular Council meeting, if such notice is received by 5:00 p.m. two business days before the next regular Council meeting.  If notice is not received by the designated time, the hearing will be scheduled for the next following Council meeting.  The hearing may be continued for good cause, as determined by the Council.  The hearing shall be confined to the record made before the City Council and the arguments of the parties or their representatives, but no additional evidence shall be taken.  After such hearing the City Council may affirm or reverse the suspension or revocation.  Such determination shall be contained in a written decision and shall be filed with the City Clerk within three (3) business days after the hearing.
  5. If the City Council affirms continuing of the suspension or revocation, the City Council shall so state and order in its written decision, and a permittee whose permit has been revoked shall not be eligible to apply for another permit to haul waste within the City for a period of 24 months. A permittee whose permit has been suspended shall not be eligible to apply for another permit to haul waste until the period of suspension as set forth in the City Council’s written decision has expired.

105.18    PROTECTION OF HAULING VEHICLES.  No person shall haul any solid wastes upon the City streets, alleys, or public places in any manner except in a vehicle or container so equipped as to prevent the blowing or leakage or dropping off of any of the contents on such public streets or on private property therein.

105.19    AUTHORIZED DISPOSAL SITES.  No person permitted under Section 105.13 of this chapter shall haul or cause to be hauled any solid waste material of any kind, other than that resulting from construction or demolition activities, to any disposal place or site or area other than a sanitary disposal site operating under permit from the State Department of Natural Resources pursuant to Chapter 455B of the Code of Iowa.

105.20    HAZARDOUS SUBSTANCES AND HAZARDOUS WASTES.  No person shall deposit in a solid waste container or otherwise offer for City collection any hazardous waste or substance as defined in Section 105.01(7).  Hazardous substances and hazardous wastes shall be transported by the owner, responsible person, or his or her agent to a place of safe deposit or disposal as prescribed by the rules and regulations of the State Department of Natural Resources.  Persons improperly disposing of hazardous solid waste materials by placing them for collection at the curb shall be responsible for all costs incurred by the City on account thereof, including (but not limited to) costs associated with injury to City or authorized personnel, damage to City or any resident’s property, or cleanup of City or any resident’s property or equipment.

105.21    DISPOSITION IN ACCORDANCE WITH INSTRUCTIONS.

  1. Each application for a permit to haul solid waste under Section 105.13 shall contain an undertaking to the effect that, as a condition of the grant by the City of such a permit and the validity of such permit once granted, such applicant shall deliver or cause to be delivered all solid waste coming within its, his, or her control to a sanitary disposal site operating under permit from the State Department of Natural Resources pursuant to Chapter 455B of the Code of Iowa.
  2. Failure on the part of any such permittee to in fact cause such solid waste to be so delivered shall be cause for the City Council on reasonable notice and hearing to revoke such permit.
  3. If a permit is revoked by the City Council for such cause, the permittee shall be ineligible for reinstatement or renewal thereof or for a new permit for a period of 24 months from the date of such revocation.
  4. Each person charged with responsibility for the ultimate disposition of solid waste, other than that collected under the City residential solid waste collection program, shall cause the solid waste to be delivered to a permittee as described in this chapter. Failure to do so shall constitute a violation of this chapter.

105.22    UNAUTHORIZED DISPOSAL SITES.  No person shall operate or permit the operation of a disposal site within the City for the disposal of solid waste of any kind from any source other than temporary construction or demolition activities.

105.23    PENALTY.  Any person who fails to perform an act required by this chapter or who commits an act prohibited by this chapter shall be guilty of a simple misdemeanor punishable by fine or imprisonment as provided by Section 1.14 of this Code of Ordinances or shall be deemed to have committed a municipal infraction punishable by a civil penalty as provided by Section 3.03 of this Code of Ordinances.  The Superintendent or any police officer is authorized to issue a civil citation pursuant to Section 364.22(4) of the Code of Iowa to anyone violating this chapter indicating such person is in violation of this chapter and is subject to the penalties provided for in this section.

105.24    RIGHT OF CITY TO SEEK ALTERNATIVE RELIEF.  The City is not precluded from seeking alternative relief from the Court, including an order for abatement or injunctive relief, in the event that the City issues a notice of violation and/or a citation for a municipal infraction for the same violation of this chapter.

105.25    OPEN DUMPING PROHIBITED.  No person shall dump or deposit or permit the dumping or depositing of any solid waste on the surface of the ground or into a body or stream of water at any place other than a sanitary disposal project approved by the Director of the State Department of Natural Resources, unless a special permit to dump or deposit solid waste on land owned or leased by such person has been obtained from the Director of the State Department of Natural Resources.  However, this section does not prohibit the use of rubble at places other than a sanitary disposal project.  “Rubble” means dirt, stone, brick, or similar inorganic materials used for beneficial fill, landscaping, excavation, or grading at places other than a sanitary disposal project.  Rubble includes asphalt waste only as long as it is not used in contact with water or in a flood plain.  For purposes of this section, rubble does not mean gypsum or gypsum wallboard, coal combustion residue, foundry sand, or industrial process wastes unless those wastes are approved by the State Department of Natural Resources. (Code of Iowa, Sec. 455B.301, Sec. 455B.307 and IAC, 567-100.2)

105.26    RIGHT OF ENTRY.  City solid waste collectors are hereby authorized to enter upon private property for the purpose of collecting solid waste therefrom as required by this chapter; however, collectors shall not enter residential premises without express consent of the owner or occupant of the residential premises.

105.27    PROHIBITED PRACTICES.  It is unlawful for any person to:

  1. Unlawful Use of Containers. Deposit refuse in any solid waste containers located at a residence not owned or occupied by such person without the written consent of the owner or occupant.
  2. Interfere with Collectors. Interfere in any manner with solid waste collection equipment or with solid waste collectors in the lawful performance of their duties.
  3. Burn rubbish or garbage except in incinerators designed for high temperature operation, in which solid, semisolid, liquid or gaseous combustible refuse is ignited and burned efficiently, and from which the solid residues contain little or no combustible material, as acceptable to the Environmental Protection Commission.

105.28    LITTERING PROHIBITED.  No person shall discard any litter onto or in any water or land, except that nothing in this section shall be construed to affect the authorized collection and discarding of such litter in or on areas or receptacles provided for such purpose.  When litter is discarded from a motor vehicle, the driver of the motor vehicle shall be responsible for the act in any case where doubt exists as to which occupant of the motor vehicle actually discarded the litter. (Code of Iowa, Sec. 455B.363)

105.29    MOBILE HOME PARK SOLID WASTE COLLECTION.  Collection of solid waste in a mobile home park as defined in Section 146.01(4) of this Code of Ordinances shall be made from the private drive located in said park subject to the conditions, prohibitions, and requirements in Section 105.04 of this chapter.  In the event the design or condition of the private drive is such that collection from the private drive would be infeasible, injurious, or unsafe to the City employees or property, the Superintendent may require that collection shall be made from the street adjoining the mobile home park.

105.30    SANITARY DISPOSAL REQUIRED.  It is the duty of each owner of a premises to provide for the sanitary disposal of all solid waste accumulating on the owner’s premises before it becomes a nuisance.  Any such accumulation remaining on any premises for a period of more than thirty (30) days shall be deemed a nuisance and the City may proceed to abate such nuisances in accordance with the provisions of Chapter 50 of this Code or by initiating proper action in district court. (Code of Iowa, Ch. 657)

 

CHAPTER 106: RECYCLABLE MATERIALS AND YARD WASTE

106.01    RECYCLING PROGRAM FOR RESIDENTIAL PREMISES.

  1. The City shall provide for the collection of recyclable material. All recyclable material shall be separated and prepared for collection in accordance with the rules and regulations set by resolution of the City Council and as provided in this chapter.
  2. Every person owning or operating a multi-family residential premises shall establish a program for the collection and disposal of recyclable materials generated by the residents of all living units as provided in this chapter.

106.02    CURBSIDE RECYCLING AT RESIDENTIAL AND OTHER APPROVED PREMISES.

  1. The City has established a voluntary single stream curbside recycling program, pursuant to which recyclable materials are collected at curbside in City-owned containers provided by the City for that purpose. Persons owning or residing in residential premises shall place recyclable materials unsorted in the City-owned recyclable materials containers at curbside.
  2. The City may allow owners of premises other than residential premises as defined in Section 105.01 to elect to participate in the City’s curbside recycling program if the solid waste collection provider for such premises does not offer recycling service and the premises is located on an established residential route. The property owner must verify that said property owner’s current solid waste collection provider does not provide recycling services in order to participate.  The City will charge a one-time $90.00 fee for the purchase of each City-owned recyclable materials container.  There will be a $40.00 annual fee per City-owned container for the recyclable materials collection service.  Such customers may purchase up to five (5) City-owned recyclable materials containers.

106.03    RECYCLING AT MULTI-FAMILY RESIDENTIAL PREMISES.

  1. Responsibility of Owner. The owner of a multi-family residential premises shall establish an appropriate system for the separation and separate storage, collection, and disposal of recyclable materials consistent with recycling market requirements and with the requirements of this chapter.  Compliance with the requirements of this chapter shall be a condition precedent to the City collection service of solid waste.
  2. Bulk Containers for Storage and Collection of Materials. The owner of a multi-family residential premises shall provide or shall arrange for the provision of a bulk container to store all recyclable materials that are generated by residents and which accumulate in the interval between collection of such materials.
  3. Location of Bulk Containers. Bulk containers for the storage of recyclable materials may be located on the premises of a multi-family residential premises provided that the proposed location of the bulk container meets all applicable zoning requirements.  Bulk containers for the storage of recyclable materials shall be located in the same multi-family residential premises location as the solid waste bulk container for the multi-family residential premises.  The location of bulk containers for the storage of recyclable materials shall not interfere with private or public sidewalks, walkways, or driveways; with roads, streets, or highways; or with entrances and exits of private or public buildings.  The owner of a multi-family residential premises shall ensure that each dwelling unit has reasonable access to all necessary bulk containers.
  4. Construction and Maintenance Specifications for Bulk Containers. Bulk containers for the storage of recyclable materials shall be durable, watertight, and made of metal or plastic; shall be marked with the recycling symbol or other acceptable markings clearly indicating its intended use for storage of recyclable materials.  Bulk containers for the storage of recyclable materials shall have lids to avert a public nuisance and protect the marketing quality of recyclable materials.  Such lids must remain closed except when recyclable materials are being placed in or removed from the bulk container.  Bulk containers for the storage of recyclable materials shall be clearly marked with both the recycling symbol and with the type of material to be deposited in the container.  Bulk containers shall remain on the premises at all times.  The number of such containers shall be sufficient to handle the volume of recyclables that accumulate between collection intervals.  The owner of the multi-family residential premises shall maintain bulk containers in good repair and in a clean and sanitary condition, free of offensive odors and the presence of flies and vermin, and shall maintain the location of such bulk containers free of all litter and spillage of recyclable materials.
  5. Collection of Recyclable Materials. The owner of a multi-family residential premises shall collect and dispose of recyclable materials as provided in this chapter.
  6. Disposal of Recyclable Materials. The City shall provide for the disposal of recyclable materials at a qualified recycling facility approved by the State Department of Natural Resources.
  7. This section shall be enforced by the Superintendent as part of the City’s solid waste collection program, and the Superintendent is authorized to inspect all multi-family residential premises for compliance with this section.

106.04    RECYCLING AT COMMERCIAL PREMISES.

  1. Responsibility of Owner. The owner of a commercial premises served by the City for collection of solid waste shall establish an appropriate system for the separation and separate storage, collection, and disposal of recyclable materials consistent with recycling market requirements and with the requirements of this chapter.  Compliance with the requirements of this chapter shall be a condition precedent to the City collection service of solid waste.
  2. Containers for Storage and Collection of Materials. The City shall provide a container to store all recyclable materials that are generated upon a commercial premises and which accumulate in the interval between collection of such materials.
  3. Location of Bulk Containers. City-owned bulk containers for the storage of recyclable materials may be located on the premises of a commercial premises provided that the proposed location of the bulk container meets all applicable zoning requirements.  Bulk containers for the storage of recyclable materials, when possible, shall be located in the same location as the solid waste bulk container for the commercial premises.  The location of bulk containers for the storage of recyclable materials shall not interfere with private or public sidewalks, walkways, or driveways; with roads, streets, or highways; or with entrances and exits of private or public buildings.
  4. Construction and Maintenance Specifications for City-Owned Containers. The City-owned containers for the storage of recyclable materials shall have lids to avert a public nuisance and protect the marketing quality of recyclable materials. Such lids must remain closed except when recyclable materials are being placed in or removed from the container.  Containers for the storage of recyclable materials shall at all times remain clearly marked with both the recycling symbol and with the type of material to be deposited in the container.  The containers shall remain on the premises at all times.  The number of such containers shall be sufficient to handle the volume of recyclables which accumulate between collection intervals.  The owner of the commercial premises shall maintain the containers in good repair and in a clean and sanitary condition, free of offensive odors and the presence of flies and vermin, and shall maintain the location of such containers free of all litter and spillage of recyclable materials.  Any such container in poor condition shall be reported to the Superintendent.
  5. Collection of Recyclable Materials. The owner of a commercial premises shall collect and dispose of recyclable materials as provided in this chapter.
  6. Disposal of Recyclable Materials. The City shall provide for the disposal of recyclable materials at a qualified recycling facility approved by the State Department of Natural Resources.
  7. Rental Charge for City-Owned Dumpster. The fee per month charged by the City for use of a City-owned dumpster container shall be as follows:
  • .5 cubic yard dumpster……….. $   4.00 per month
  • 1.5 cubic yard dumpster……… $   5.00 per month
  • 2 cubic yard dumpster………… $   6.00 per month
  • 3 cubic yard dumpster………… $   7.00 per month
  • 4 cubic yard dumpster………… $   8.00 per month

No rental fee shall be charged to an owner of a commercial premises for the use of a City-owned 96-gallon or 48-gallon wheeled container for the collection of recyclable materials.

  1. This section shall be enforced by the Superintendent as part of its solid waste collection program, and the Superintendent is authorized to inspect all commercial premises for compliance with this section.

106.05    SEPARATION OF YARD WASTE REQUIRED AND DISPOSAL.  All yard waste as defined in Section 105.01 of this Code of Ordinances shall be separated by the owner or occupant from all other solid waste accumulated on the premises and shall be composted or taken to the City’s disposal site.  Any disposal site maintained or established by the City shall be used only for the disposal of yard waste at such rate or charge as set by resolution of the Council.  Any and all disposal of yard waste at any disposal site maintained or established by the City shall be in compliance with the signage posted at any such site.  Any person who violates posted signage commits a municipal infraction.  Such a violator may be issued a civil citation and shall pay a fine of $100.00 plus a 30% surcharge and court costs.  The fine for each subsequent citation issued during the two-year period subsequent to a violator’s initial citation shall be $200.00 plus a 30% surcharge and court costs.

106.06    PROHIBITED ACTS.

  1. Persons owning or residing in a residential premises shall not place yard waste for collection as disposable waste mixed with other solid wastes or in bags, containers, boxes, or bundles not designated for the collection of such materials. Violation of this subsection is a municipal infraction punishable as provided in Section 105.23 of this Code.
  2. Persons owning or residing at a residential premises shall not compost yard waste within six feet of the person’s property line. Any such composting yard waste shall not create a nuisance.  Failure to comply with a notice or order from the City with respect to establishment, maintenance, or removal of a compost pile shall constitute a municipal infraction punishable as provided in Section 105.23 of this Code.
  3. The City may reject any bags or containers placed for collection in violation of subsection 1 or 2 of this section. Upon rejection of a bag or container, the bag or container will be placed upon the violator’s property, and the violator will be required to correct the violation before placing the bag or container for collection again.  If bags or containers are persistently placed for collection in violation of subsection 1 or 2 of this section, a violation notice may be left at the violator’s residence or upon an empty solid waste container or may be mailed to the violator’s residence.  Violation of this subsection is a municipal infraction punishable as provided in Section 105.23 of this Code.
  4. Persons residing in a multi-family residential premises and owners of other premises who are participating in the City’s curbside recycling program shall not place other solid wastes for collection with recyclable materials. Violation of this subsection is a municipal infraction punishable as provided in Section 105.23 of this Code.
  5. The owner of a multi-family residential premises shall establish a program meeting the requirements of this section for the storage and collection of recyclable materials generated by the residents of such premises. Failure to comply with this subsection shall constitute a municipal infraction punishable as provided in Section 105.23 of this Code.

106.07    OPEN BURNING RESTRICTED.  No person shall allow, cause, or permit open burning of combustible materials where the products of combustion are emitted into the open air without passing through a chimney or stack, except that burning is permitted in the following circumstances:
(IAC, 567-23.2[455B] and 567-100.2)

  1. Disaster Rubbish. The open burning of rubbish, including landscape waste, for the duration of the community disaster period in cases where an officially declared emergency condition exists, provided that the burning of any structures or demolished structures is conducted in accordance with 40 CFR Section 61.145. (IAC, 567-23.2[3a])
  1. Trees and Tree Trimmings. The open burning of trees and tree trimmings at a City-operated burning site, provided such burning is conducted in compliance with the rules established by the State Department of Natural Resources. (IAC, 567-23.2[3b])
  1. Flare Stacks. The open burning or flaring of waste gases, provided such open burning or flaring is conducted in compliance with applicable rules of the State Department of Natural Resources. (IAC, 567-23.2[3c])
  1. Recreational Fires. Open fires for cooking, heating, recreation and ceremonies, provided they comply with the limits for emission of visible air contaminants established by the State Department of Natural Resources.  Rubber tires shall not be burned in a recreational fire. (IAC, 567-23.2[3e])
  1. Training Fires. Fires set for the purpose of conducting bona fide training of public or industrial employees in fire fighting methods, provided that the training fires are conducted in compliance with rules established by the State Department of Natural Resources. (IAC, 567-23.2[3g])
  1. Controlled Burning of a Demolished Building. The controlled burning of a demolished building by the City, subject to approval of the Council, provided that the controlled burning is conducted in accordance with rules and limitations established by the State Department of Natural Resources. (IAC, 567-23.2[3j])
  1. Any person wishing to conduct open burning of materials not permitted herein may make application for a variance to the Director of the State Department of Natural Resources. (IAC, 567-23.2[2])

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