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HomeMy WebLinkAbout1995-06-06 Ordinance CHAPTER 3 CITY UTILITIES ARTICLE H. SOLID WASTE1 SECTION: 14-3H- 1: 14-3H- 2: 14-3H- 3: 14-3H- 4: 14-3H- 5: 14-3H* 6: 14-3H- 7: 14-3H- 8: 14.3H- 9: 14-3H- 1 O: 14-3H- 11: Put ns Applica ~n of City and County Enforcem it Rules and gulations Prohibited :tices Commercial Waste l Storage of Solk Collection and Di Solid Waste Dispc Littering Waste Requirements 14-3H-1: PURPOSE: The welfare of the citizens of the by regulating the storage, cc littering of solid waste; ar Code §15-1) of this by providing ction, transportati~ g for the is to provide for the health, safety and the collection and disposal of solid waste; processing, disposal, recycling, reuse and ction and disposal of solid waste. (1978 14-3H-2: DEFINIT As used in this Article IIowing definitions shall apply. The word "shall" is m datory; the word "may" is ~ Terms not defined shall have the meanings assigned to them in Webster's Collegiate Dictionary. Uses not defined or Ils shall have the meanings as defined in categorized according to the Standard Classification (S/C) Manual, of Documents, U.S. Print/rig Office. ? ~See Section 14-4D-8 of this Title for solid waste regulations in manufactured housing parks. 2 APPLIANCES: stoves, miorowa~. furnaces, air cond mowers and any capacitor. chines common to residential household use and shall include refrigerators, ovens, dishwashers, clothes washers, clothes dryers, water heaters, ners, dehumidifiers, console television sets, stereo systems, lawn containing a gasoline engine, an el~ motor or an electric BUILDING DEMOLITION demolition of residential, con foundation materials .-'RIALS: Wa., ~ercial or industrial buildings construction, destruction or structures, except brick, ~nd BULKY RUBBISH: Nonputrescible ~fuse consisting waste materials which are either too rge or too container and/or safely and convenie~ loaded in solid waste collectors. and/or noncombustible :o be placed in a thirty-five (35) gallon solid waste transportation vehicles by COMMERCIAL SOLID WASTE: Solid industrial, institutional, agricultural or other resulting from multiple dwelling facilities from the operation of any commercial, ent and shall also include solid waste more than four (4) dwelling units. DEMOLITION: Substantial destructioJof a ~g or structure and a substantial removal of the interior of a building or struct/~/~ DIRECTOR: The City Manage~//~ designee. / / DWELLING: A building/wholly or partially used or nded to be used for residential occupancy. / ? DWELLING UNIT: ~ny habitable room or group of adjoining [" ~itable rooms located within a dwelling and for~)~ng a single unit possessing facilities which; or are intended to be used for living~?leeping, cooking and eating of meals. 3 GARBAGE: Putrescible animal or vegetable wastes resulting from Ihe handling, preparation, cooking, ser~,ing or consumption of food. HAZARDOUS Includes, but is not limited to, pa ological wastes, explosive wastes, [ pesticide containers, els and those wastes included by definition in .~ode of Iowa and Rules of the Iowa De[ tment of Natural Resources or its successor, all as LANDFILL: The Iowa , landfill located in Johnson Iowa, LANDFILL SERVICE AREA: ~hnson County, inclu~ cities located therein, togeth with the cities provides landfill services herein both incorporated and unincorporated iverside and Kalona, for which Iowa City OCCUPANT: Any person who, possession of any dwelling unit or an' owner, landlord, tenant, resident or or severally with others, shall be in actual improved or unimproved real property, either as tor. OFFENDING PARTY: Any person, who has been given notice of a viol~ the offense. esponsible party, resident, entity or occupant rticle and who has not yet cured or remedied OFFENDING PROPERTY: in violation o~kthis Article and which offense has not been cured or remedied. ~ OPERATOR: Any user, party, occupant, er~ty, business, firm, corporation, governmental entity, a~/ )ciation, partnership, venture or b~y combination thereof or any agent, fiduciary or re~e~entative thereof who occupies, pos~sses, uses or owns property within the Iowa City andfill service area and/or who stores or {~,nerates solid waste within the Iowa Cit service area. ~ OWNER: Any re( nized interest of ownership in real or personal property, including legal and equitable property interests. 4 PREMISES: Inclu( interest in real property, including but not limited to improvements, whether :ended for or used for residential, commercial or PERSON: Includes an individual person, user, responsible party, entity, business, firm, corporation, association, partnership, venture or any combination thereof or any agent, representative or fidL iary thereof. and Jstrial use. PROCESSING: Bailing, shredding, together with all modified or solid waste cornposting, incinerating, recyclir 9r processes whereby solid waste cha reduced. separating and :teristics are either RECYCLING: Any process by which to use in the form of raw materials or yard waste but does not include any lid waste is collected, sep~ lucts. "Recycling" of energy recov )rocessed or returned the cornposting of REFUSE: Solid waste not required to be re or RESIDENCE: Any dwelling either intended for g used for residential use. RESIDENT: Any person or group of persons v or rooming unit. des a residential dwelling, dwelling unit RESlDENTI,4L REFUSE: Refuse demolition waste. appliances, rubbish, and construction RESIDENTIAL SOLID WASTE: single-family, duplex, triplex; a home occupation which c( waste resulting from the m. four-plex dwellings, )lies with the requirements of the a ntenance and operation of waste from operation of ~ble zoning ordinance? / ~See Chapter 6 of this Title. 5 RESPONSIBLE(PARTY: Any person, persons or governmental entity who applies for, who obtains or who~ issued an account for sewer, water~ and/or soil waste service and includes ~, ' . any person who ~:~ys an individual account for any,.~ne or Sa°~ci ombinat, on of the following services: water, ~.~er and solid waste collection. Respo?sible party shall also mean an account holder of the~bove accounts. If more than one p~son is listed on an account, both persons shall be deem~a responsible party for purpose~/bf collection, storage and disposal of solid waste and compl'~e with this Article. //~ REVOCATION: Withdrawal ~,privileges, terminat~h of landfill permits and withholding of access to the landfill site. Revo~ ion ma~ bE car,~d out by the Director upon determination by the Director that sufficient ca 9 exists to re~bke, after notice and an opportunity to cure the defect or to rebut the existen~ cause. ROOMING UNIT: Any habitable room ~ dwelling and forming a single unit posses primarily for living and sleeping. A "root for exclusive use by the occupants have kitchen and dining facilities ava for this Article, two (2) rooming ~all be de SOLID WASTE: Unwanted or,/discarded waste / including but not limited to g?bage, ashes, refuse, waste, demolition and constr,~ction wastes, and residential / SOLID WASTE CONTAINER: A receptacle used by any waste during the interva. I between solid waste collections. SOLID WASTE DISPO,~AL: The process of discarding or getting rid / particular, the final ?sposition of solid waste. of adjoining habitable rooms located within a facilities which are used or intended to be used wit" shall have bath and toilet facilities available use. In addition, a rooming unit may the occupants therein. For purposes of equivalent of one dwelling unit. in a solid or semi-solid state, waste, appliances, special industrial wastes. ~r operator to store solid wanted material; in ~See Articles C, D, E and F of this Chapter for water and sewer use and service. 6 SOLID WASTE MANAGEMENT: The entire solid waste system of planning and administering storage, collection, ~oval, transportation, processing and disposal of solid waste. SPECIAL WASTE: to disposal at the waste that must be handled or processed in a special manner prior STORAGE: Keeping, ~g or storing solid waste from the the time of its collection and ~oval. of its production until TRANSPORTATION: The trans ing of solid waste processing to the Iowa City landfill. the place of collection or UNCLASSIFIED WASTE: as se/id waste. the/andfill which is not defined UNTREA TED WOOD WASTE: Includes lumber. brush, Christmas trees, and untreated YARD WASTE: Grass, leaves, trees, brush residue. (1978 Code § 15-2) 1 4-3H-3: APPLICATION OF CITY AND C together with any provision of any ordjance adm wl;ich is not in conflict with this Article!, sha govern the / (1978 Code §15-3) / / 14-3H-4: ENFORCEMENT: / A. Inspections and emed, les: / / 1. In order to/e/nsur6 compliance with this Article and the pursuant h,~reto, together with all applicable County, State and regulations, the Director is authorized to inspect all management within the jurisdiction of Iowa City. Provisions of this Article, by the County Board of Health management of solid waste. promulgated Federal laws lid waste In all cases where such inspections reveal that the storage, collection, disposal, recycling or reuse of solid waste are in violaft, prom'~lgated pursuant hereto and/or are in violaflor such shall constitute a nuisance and/or under b 3 State and local law. In such event, th~ to carry ¢ : any one or all of the following ~ortation, processing, of this Article or rules ~f State or Federal law, environmental infraction y, at its option, elect Pros~ of environmental infractions )nmental infraction," section 1-4-2A, definition ' Code; waste managem industrial, busi that person, dwelling, institution or government entity; c. Deny or revoke ny d. Terminate a serv~ this Article; e. Dispose of any ~rming solid waste container; or fe Abate the nuisan Code; or rdance with Title 6, Chapter 1 of the City g. Abate the nu,~sance under the / / / Election of any o/he of these remedies by from pursuing ady other remedy, and such re~ not exclusive. Notice Requireme.nts: .. 1. Notice of any such City determination that given t(~ the offending party as follows: of Iowa, as amended. City shall not preclude the City ;dies are deemed cumulative and · sts shall be 8 a, Be given in writing to the person or c at the last known address, State that the City has determined th ~n of this Article exists. Describe the violation, with reft ~.rticle, rules or other applicabh e to the applicable provisions of this State or Federal law, se what actions are re( 'ed to be taken by the offending party to ' the violation. The notice deemed t( is posted in a con copy thereof is sent known address of the properly served if it is personally served, if it ace on the offending property or building or if a mail, with sufficient postage affixed, to the last or operator. (1978 Code §15-4) 14-3H-5: RULES AND The Director may make, and enforce reasonable and necessary rules and regulations governi but not limit, to: Specification.~ equipment, solid waste cont ers, including the type, composition, weight and shape ., Weight a~ size limitations on bundles of ~ containe waste too large for solid waste Sani~t~on, maintenance and replacement of s~ taste containers. Sch/~dules and routes for collection and transportaft( solid waste by City pe//~onnel. Ibllection points of solid waste containers, I 9 entification requirements for use of solid waste containers. ction, transportation, processing and disposal ~ waste. 8. Stora[ solidwaste. 9. Records uantity and types of solid waste at disposal facilities. 10. Handling of ~rdous wastes, special w agricultural was construction greases, yard was batteries, appliar toxic wastes, sludges, ashes, items, tires, automobiles, oils, and recyclables. (1978 Code § 15-5) 11. Specialcarryout servi~ for the el( Code) and disabled. (1978 Code §15-5; 1994 12. Collection of residential soil, vaste resulting from the operation and mainte- nance of more than four Iling units. 13. Billing and collection )osal lice charges at the landfill. 14. Hours of operation r the landfill. A copy of any and all and regulations issued shall be filed in the :e of the City Clerk and shall during normal busi~ ss hours. (1978 Code §15-5) der the provisions of this Section available for public inspection 14-3H-6: PROHIBITE ;~: It shall be prohibited for agent or represental thereof to: or operator or any Deposit so waste in any solid waste container other either o~ ~d by the depositor or properly and lawfully leased by waste container ~See also st 6-1-2A of the City Code for nuisance provisions. 10 i~ln ~,,ere in any manner with the collection, storage or transportaft of solid waste, Throw, cast,~p ce, lay or permit placement of an, into or on any receptacle specifically designed by the City or private entity as to be used only for deposit of recyclable ~,,~usable waste. Deposit recyclables or )le waste in con' designated for such waste. or at locations not specifically E. Litter. (1978 Code §15-6) 14-3H-7: CONINIERCIAL SOLID WASTE Permit Required; Exemptions: receiving, collecting, trans within the Iowa City landfill the City; provided, howev employees of the holder ~ or irregular collection foundation materials However, a permit services or who( (1978Code §1! N~ person or processing, without ' ' that this subsection any such permit. No transportation of building dirt or rock materials from grading be required for persons who provide spose of building demolition materi~ Ior shall engage in the business of ling or disposing of solid waste an annual permit from be deemed to apply to be required for episodic material or brick or xcavation activities. ]ilding demolition a regular basis. Application Section she I: Each applicant for any permit re~ in its application: of this characteristics of solid waste to be collected, transported, proces~ ~osed of or recycled. 2. The number of solid waste transportation vehicles to be operated. 11 The precise area served and the name of any person or operator served, if any. '.\ That its employees have an understanding of applicable Ioca/~/taste and Federal ~ws and practices governing the collection and dispos//~Sf solid waste. 5. §1! other information as may be required b/~e Director. (1978 Code Issuance of ,~rm; Fee: 1. If the application Dr the permit require~J//bby subsection B of this Section and City inspection dispose of solid was environment, and that conform with all apF the Director shall issue the p,e / shall be applied to the upper waste transportation vehicles. year, and each applicaht shall pay an 4 of the City Code. ,.- that the appl~c/ant will collect, transport, process or Mthout ha//'ard to the public health or damage to the colle6tion, transportation process or disposal will Federal and local laws and this Article, then authorized by this Section. A permit sticker corner of the right door of all solid rmit shall be issued for a period of one ,ual fee as provided in Title 3, Article 2. Nothing in this ,subsection shall prejudice the applicant to reapply after the denial'of the application, provided all as the reapplication shall comply with the provisions of this Article. (1978 §15-12) D. Transferability of Permit: Permits authorized under this Arti~e shall be deemed personal to the applicant and shall not be transferable or assignat~ in any manner unless specifically approved by tle Director. (1978 Code §15-13) ~ A. ?n'/tainers Required: The resident, occupant, operator or owner~of_.._e.v_,er, Ydwell.in ,~.unit, /esidence and of every institutional, commercial, business, industrial or agricultural 12 ~,~establishment producing solid waste shall provide containers of sufficient nu adequate quality for the storage of all solid waste, sufficient to properly~ each ~,walling unit and/or establishment and shall maintain such solid wast/~/con ers in rea~.onable repair. This provision shall not apply to bulky ru~;~fsh, appliances, dem~it~,o,nor construction waste. (1978 Code §15-20) ~ , B. Required L~ and Maintenance of Containers and Surroundi/~ Areas: The occupant, resident, opete~r or owner of every dwelling unit, residencfand of every institutional, commer_` _,~ial: in,d,bs~ial, agricultural or business establis~ent shall place all solid waste to be c_oll_ect, e ,d i?, p¥~.p~r solid waste containers, excyt,. ~.a. ls~th" .e.r~wl~,~.r.~,i.ded in this Section, and shall rnaiht~in such solid waste cont~ irs and tl e areas surrounding such containers in a reasonab~lean, neat and sanita~ .ondition at all times. (1978 Code C. Container Specifications: ~ Residential Refuse: Residenti~ shall be stored in containers of not more than thirty five (35) gallon., ity, nor less than twenty (20) gallons in capacity. Containers sha leak waterproof and fitted with a fly-tight lid and shall be properi :overed at all except when depositing waste therein or removing~,~e contents thereof. ~e containers shall have handles, bails or other suit?le lifting devices or featu~ ~Contalners shall be of a type originally manu~dtured for residential solid ~ aster, ~ tapered sides for easy emptying, Th/~ containers shall be of light weight sturdy construction. The weight' of any individual container, including shall not exceed ~ fifty (50) pounds. Galvanized metal containers fiberglass or pla~t~ic containers which do not become brittle in cold we ,er are deemed app?/priate. Disposable solid waste containers, as approved b' :he Director, m/a'y also be used for storage of residential solid waste. 2. ~Residential Yard Waste: Residential yard waste collected by the Cit! ~11 be /~ stored in yard waste plastic bags to be provided by the City for a fee. he 13 bTitPlastic yard waste bags will be available for purchase at various retail Iowa City. The fee for such yard waste plastic bags shall be as ~a )lished in le 3, Article 4 of the City Code. In lieu of plastic bags, an anr stamp may ~urchased for placement of a nondisposable container c with the subsection C1 of this Section. The fE stamp shall be estab ed in the schedule of fees, Title 3, Chapter 4 City Code. Recycling shall be container or an. five (35) gallons in Containers shall be leak :e: Residential solid waste designs oontainorc, whioh may bo mrtmcntalizod ~acity, nor less !, waterproo properly covered at all tit removing the contents thereof. construction. The weight of an not exceed fiberglass or plastic contain~r/s which deemed appropriate. Disp'~sable solid storage of recycling w?(e. Each item desi, be stored in a sepa~fe or approved compartment~ cardboard· , / Commercial Sql~d Waste: Commercial solid waste shall containers as' approved by the Director. The containers by the City for recycling a City-supplied recycling of not more than thirty- five (5) gallons in capacity. nd fitted with a tight lid and shall be when depositing waste therein or shall be of light weight, sturdy idual container, including contents, shall ;alvanized metal containers or rubber, become brittle in cold weather are ontainers shall not be used for ' the City for recycling shall ized container except for in solid waste be waterproof, leakproof .and shall be covered at all times, except when del~iting waste therein or removing the contents thereof. Commercial solid wast~ontainers stored on City property shall be waterproof and leakproof and shall b'~covered at a. II times with an watertight lid locked in position, except when de~siting ,waste therein or removing the contents thereof. Commercial solid ~(~ste /con tainers shall be steam cleaned at least twice each year, once during'~e month of May and once during the month of August, ~ 14 Nonconforming Containers: Any container that does not confor~/t0/'subsec- tions C1, C3 and C4 of this Section must be promptly replaced b~,an approved solid waste container upon receipt of written notice from ~/b(~ City. If not replaced within seven (7) calendar days after delivery o~,,,~uch notice, the and its contents may be disposed of by the Ci/t~ as waste. (1978 §15-22) / Storag~ nd Brush and Untreated Wood Waste: Tree .... limbs, brush measuring less than four inches (4) in d'ameter, together w~th brush being stored for =kup, shall be securely tied in bundles not larger than forty- eight inches (48") om ighteen inches (18') 'n d'ameter when being stored other than in storage containers. weight of any individual bundle shall not exceed sixty (60) pounds fifty(50). (1978 §15-23) E. Location of Solid Waste Containerst: 1. Residential solid waste containers be stored upon private property. Commercial solid waste containers shall both the owner of the container and the own~ have been granted written permission from the agreement, to use public property for such private property unless r operator of the premises shall ! Council, by way of written The storage site for both residential and commer~ vaste containers shall be well drained, whether stored on public or private erty. Further, the storage site for the container shall be fully accessible to c, pment, to public health personnel and to fire inspection personnel. Regardless of whether permission has been granted by the Cit, ~ on public property, commercial solid waste containers shall not be in the area between any building and the street right-of-way, includir areas ~See subs~ction 14-SH-5G of this Title, six foot (6') screen required. 15 commonly referred to as "parking" between the curb and the private property line. In cases where a container cannot physically be located anywh( ' but between the building and street right-of-way, the Director may a \ location if properly screened. Containers located within fifty fee of a .~.eet right-of-way must be screened from view from the right-. n th 'e~vent a solid waste container becomes a nui~ of litter, the City ma~r~uire the entire container storage area to be e closed by a fence or specifically prohib~i ~,~ under subsection 14-3E this Article. (1978 Code § 15-24) ~ 14-3H-9: COLLECTION AND DISPOSAL OF A. Collection from Residential Dwellings: 1. Collection of Refuse: The City shall coil all residential refu~ and maintenance of single-family, duplex, ings, as defi,~'ed in the Zoning Ordinance~, /. dwellings. ~t is located on its own lot with fronta The Cil/y/shall make such collections once per ably,,~bssible. The Director is authorized to adopt e~er into written agreements to provide residential /,~bllection to other dwellings. Residential refuse colle~ / mandatory. Private collection of residential solid waste, as Section 14-3H-2 of this Article, is prohibited. The owner, party, occupant or operator of such premises will be billed for ~ ~See Chair 6 of this Title. ;suiting from the operation ,lex and four-plex dwell- each dwelling or on a public street. lenever reason- and to lid waste shall be ined in 16 b. xX, and disposal in the amount provided in the schedule of Chapter 4 of the City Code. Those dwellings receiving City refuse collee on the effective '~,,date hereof, which would not be entitled to rec~ service under '{l~,e terms of this subsection, may contin to receive City refuse collection service. In the event such servi~ voluntarily discontinued by tt~,.owner of any such dwelling period of time, the City may termina~t~ refuse collection service dwelling. \, The Dire¢ ~ay exempt qualify dwellings from the City's mandatory collection if the Direc determines that the dwelling and an adjacent generates commercial solid waste is part of one complex IS, which together serve a unified purpose. (1978 Code §15-30) Collection of Yard Waste from other solid was accordance with the collection of yard waste properly 14-3H-8C of t for disposal. containers by the City is in bags provided by Article and free from all oth~ yard waste shall be collected separately in the manner as residential refuse and in · ' of etlon A1 of this Section. However, Only residential yard ;ity, as provided by subsection olid waste shall be collected esidential yard waste not properly led or placed in stamped not be collected by the City. (1978 ode §15-33) Recycl Waste: Residential recycling waste ma,, othe~ olid waste in the same manner as residential refuse w~t provisions of subsection A1 above, oxoc other week. Residential recycling waste collected se )tint, clear glass containers, metal cans, =nd plastic and cardboard (corrugated and chipboard). Clear glass cans and plastic containers must be thoroughly rinsed prior to y from in accordance ~11 occur onco (//1 and metal The 17 esidential recycling of waste itemized in this subsection A3 is atory. properly stored recycling waste shall be collected. (7 Code § 15-34) astes Not Subject to Collection: / City will not collect any of the followi~olid waste materials from an~welling, residence or residential ~/~mises served by City solid .w. asl,e~ollection service: lead acid ,atteries, waste oil, censtruc- tion/den~o, lition materials (except un wood) or any substance or material determined by the Directo~ ~ be hazardous or unacceptable for collection. The Director may ad health and safety concerns materials not subject to coil, of this Article. and enforce regulations, based on pecifying additional substances and as provided under Section 14-3H-5 Lead acid battorios ar disposed of at City 14-3H-10 of this oil are is subjcct to disposal may be waste disposal facilities as provided in Section No person or shall obtain or ~t~tempt to obtain City collection of solid was or other substances or ~r~terials herein declared not o-/ ection. Any such separate att%mpt and/or action by such offendin ]~ :,' shall constitute a separa~.~f_fb~kse of this provision and 3 ~-4 of this Article. The City s co~s for retrieving such subst or materials from the collection vehicle or from the City's disl: site and/or for cleaning up the collection ve~cle or disposal site I be chargeable to the responsible party for the solid~k~,aste collection for the residence, dwelling or premises where su(~,substances materials were placed for collection or where actually collected. If no account has been established, notice of a violation of this prov~on shall be given to the offending party, as provided in Sections 14-3F1-~.~ 14-3H-6herein. (1978 Code §15-35) 18 B. Collection of Tires, Appliances and Bulky Rubbish: Appliances and Tires: Appliances and tires discarded premises to which collection services are provided by collected by the City at such residential premises .~quest and arrangement with the City. The ow~ upant or operator of such premises will be schec use at City will be only upon prior responsible party, for collection and ~al of each such appliances and tires in t amount provided in the of fees, Title 3, Chapter 4 of the Code. Bulky are provided arrangement five -~ and bulk, as deter~ owner, responsible billed on a of fees, Title 3, Chapl Bulky rubbish from prel the City will the City, provid ~ich collection services only upon prior request and the bulky rubbish does not exceed sonable limitations of weight Director. (1978 Code §15-31) The ~perator of such premises will be the amount provided in the schedule ' Code. Collection of Tree and B limbs artd un and brush limbs cr clearing § 15-32) Waste: Tree, end brush ; bulky rubbish forno fee. Tree ~d by commercial tre~ ,~rvice operations or by the will not be coll~by the City. (1978 Code Times and of Collection Containers: Refuse recycling tree, and brush limbs and untreated wood waste and yard waste as described in subsections 14-3H-8C and respectively, of thi: together with other solid waste permitted to be at the cur shall be placed for collection at the curb of the street ~hich the dwelling or premises fronts. Refuse oontainors, ~ waste ~ntainors and rooyoling waste oontainorc Each type of waste must be physically separated in order to enable the solid waste coil to 19 easily identify differing contents as well as differing containers. Yard waste ;ontainers and recycling waste containers must be clearly marked cement of solid waste at the curb for collection shall occur '.k (7;00) A.M. on the regularly scheduled collection occ~ efore three o'clock (3:00) P.M. on the day schedul collection day. Containers shall be removed f same day or back of a such. to seven shall not the regularly n the curb on the lection is made and returned to a location onably near the side building on the premises. (1978 Code §15-36) Responsibility for operator or three (3) or four (4) of subsection D of this ~ction. occupant, operator or the waste collection account or shall be responsible for compli[ In the event the fee is unpaid, or the responsible party f,o,r/~the with this Article and sh, bll be deemed ~liance: It shall be th )onsibility of the owner, party for an,/ )r dwelling containing two (2], units to effe( compliance with the provisions / , Fo, single-family dwellings, the owner, is the responsible party for the solid pays the solid waste collection fee provisions of said subsection D. occupant or operator of the premises hall be responsible for compliance )onsible party for purposes of securing compliance. ('1978 Code §15-36) Collection from/~ertain Premises by the City collect any c~/~mercial solid waste, excepting property, n,~shall the City collect any residential solid units wit/bin a structure which, in addition to the contains'the operation of any commercial, industrial, institution~ agricultural or other establishment and which generates commercial, industrial,~stitutional or agricultural waste or any combination thereof or which operation ~l~nerates o~her than residential solid waste. (1978 Code §1 5-38) ~ Responsibility of Collectors: ~ ed: The City shall not from the City's own wa from any dwelling al solid waste, 2O retri by the Solid waste collectors shall be responsible for the collec waste from the point of collection to the tr~ the solid waste was stored in compliance with :icle. Any spillage or blowing litter caused activities of the solid waste by the offending party and placed it d waste collector~. of solid tonly 14-3H-8 of this resulting from the shall forthwith be sportation vehicles All solid transportation vehi~ clean and sanil condition and operated to spillage transportation of soil and with covers which ~ only loading hop material with vehicle. If the separate, it shall waste. No sc shall be maintained in a safe, be constructed, maintained and waste. All vehicles used for dl be constructed with watertight bodies either be an integral part of the vehicle with or shall be a separate cover of suitable to secure all sides of the cover to the of the secured wh~ shall be trans lid waste transportation vehicle is the vehicle is transporting solid ~rted in the loading hoppers. ~See a~lso subsection 14-3H-11C4 of this Article. 3. Permits,s,~a/11 not be required for the hauling or disposal of dirt and ro~/~ m. aterial from grading or excav vctivities; however, all such,,~aterial shall be conveyed in tight ve e~rucks or receptacles, co/~tr~cted and maintained in such a manner that~],one of the material ,/b~,ng transported can spill upon the public right-of-~ 4 ,/Storage of trans-ortation vehicles us ' ' · ,, ~ ea or intended t~be used for . ~,,' collection and transportation of garbage is prohibited in a~residential ~'/' ."~ zones. (1978 Code §15-39) ~ 21 Residential Collection Fees: The fees for the collection of residential solid waste from residential' rem~ses as d f P, ' , e ined in section 14-3H-2 of this Article, shall be as provided in the le of fees, Title 3, Chapter 4 of the City Code. (1978 § 15-40) 14-3H- 1 O: SOLID DISPOSAL REQUIREMENTS: Disposal Facilities: area consistent with ~ operators residing, or operating within the landt solid waste at the landfill, only provided, that su~ activities or operations occur~ within the landfill lid wastes shall be deposited at a pro, or disposal ~quirements of local, State and law. Only persons or service area may dispose of solid waste was generated by area. (1978 Code §15-50) Hazardous or Special Waste: The wastes as hazardous or special wasl the disposal of such wastes atthe Iowa Ci as provided in Section 14-3H-5 of this, adopt regulations classifying certain t to such regulations, prohibit andfill or require special handling thereof, (1978 Code §15-51) Ce Disposal of Lcad Aoid Battcrios and or operating within the landfill waste oil from their private or approved by the Director, p~ operations located and oper (1978 Code §15-52) Oil: ~ns or operators residing, located area may )se of load aoid battcrios and a~ vehicles b ,~livering same to locations such wastes were ,nerated by activities or in whole or in part, withit ~e landfill service area. Disposal Restrictions within the landfill s~ such wastes wet service area: Jfill: Persons or operators resi g area may dispose of the following at the provided lenerated by activities or operations occurring the landfill 1. Appliances. Appliances deposited at the landfill in a crushed. damaged as to prevent removal of capacitors or ballasts, shall be ,surcharge fee, to be established in the schedule of fees, Title 3, Cha the City Code. (1978 Code §15-53) or so to a of 22 Tires. (1978 Code §15-54) Yard waste. (1978 Code §15-55) liances, Yard Waste and Tires to be Separated from Other Dis delivel waste and shall such items. ah Appliances, yard waste and tires may not be mixed landfill for disposal. Persons or o~ all separate those items from and unload them at the sites des '8 Code §15-56) Waste for other solid waste of appliances, yard ~r solid waste materials the City for disposal of Penalties for Im prohibited for any persc other than that provided further prohibited for any hazardous or prohibited waste al provided by the Director pursuant )isposal or Disposal of operator to dE the or Hazardous Waste: It is solid waste at the landfill in a location as directed by landfill personnel. It is to dispose or attempt to dispose of in a manner or in a location other than that ubsection B of this Section. It is also prohibited for any person or operator to di or tires at the landfill in a mar subsections D and E of regulations adopted by constitute either a sir shall constitute a s~ or materials from at a Section, Director pursuant misdemeanor or a ~rate offense~. The City's I disposal site and/or for to dispose of appliances, yard waste :hah that provided pursuant to ions of either this provision or of any subsection B of this Section shall ~al infraction, and each violation such substances incurred by the City for cleaning up Repeated vi~ to subsecl landfill intent ~osal site shall be chargeable to ending party or parties, dons of this provision or of regulations adopte~ 'the Director pursuant B of this Section shall be sufficient cause for th,f's revocation of the privileges of an offending party, after written of the City's toreyoke. (1978 Code §1 5-57) / / 1, Chapter 4 of the City Code for penalty provisions. 23 Disposal Fees: The fees for disposal of solid waste shall be as provided in ~ of f~ees, Title 3, Chapter 4 of the City Code. (1978 Code §15-58) 14-3H-11 !TTERING: A. Short This Section shall be known and may be ORDINANCE. (1978 Code § 15-70) the IOWA CITY Definitions: for purposes the definitions set forth in 14-3H-2 of this Article, is Section, the following ;hall apply: AIRCRAFT: navigation or for fii lightersthan-air dirigibles now known or hi the air. The wor, ~d balloons. invented, used or designed for ]ircraft" shall include helicopters and LITTER: "Garbage, all other solid waste material unreasonably endangers public h as defined in this Article, together with if thrown or deposited as herein prohibited, safety and welfare. NEWSPAPER: Any newspa newspaper duly entered accordance with Feder~ with any recording mean and include ar than four (4) issue circulation as defined by general law, any the Post or regulation, as provided by 3r current ma( Department of the United States, in any newspaper filed and recorded aw; and, in addition thereto, shall gularly published with not less sold to the public. PARK: A parl eservation, playground, beach, recreation ce~ror any other public area in the, e/,~,, owned or used by the City and devoted t~,xactive or passive recreati~' ~ PRIV,ATE PROPERTY or PREMISES: Any dwelling, house, building or ott~r structure de~.'~ned or used, either wholly or in part, for private residential business, c~O~mercial industrial purposes, whether inhabited or temporarily or continuously unin~,~ted 24 or vacant, and shall include any yard, grounds, walk, driveway, porch, stel or m~ilbox belonging to or appurtenant to such dwelling, house, bu structure. vestibule or other PUBLI( 3LACE: Any and all streets, sidewalks, boulevards or other public ways, tc with any and all public parks, squares, spaces, ~unds and buildings. RECEPT Section 14-; A litter storage and collection container a,' of this Article. Hired and authorized in VEHICLE: Every transported or dra stationary rails or ;vice in, upon or by which an' upon a highway, includir (1978 Code §15-71 or property is or may be devices used exclusively upon C. Restricted and Prohibited :ts and Conditic Littering Generally: public place within the receptacles for collection ar dropped or thrown upon a~ upon any County road cause it to be remove Article. (1978 Cod throw or deposit litter on or upon any ~"pt in public receptacles or in authorized private isposal. Any person who drops or permits to be lic place any of the above-described materials shall immediately remove the same or failure do so shall constitute a violation of this Sweeping any accumul; sidewalk within the si( Public Places: No on shall sweep or deposit litter or ~n of litter from any building lot or from any public or private ~' into or in any gutter, street or other public place Persons owning, operating or '.upying property shall keep in front of their premises free of litte~ 1978 Code § 15-74) Th, f'owing Litter from Vehicles: No person, while a ~..e/hicle, shall throw or deposit litter upon any street or oth /the City or upon private property. (1978 Code §15-75) / or passenger in a ~lace within 25 4. Operation of Trucks Causing LitterS: No vehicle carrying a load of materials shall be State highway, County road or City street unh constructed or loaded as to prevent any of sifting, leaking or otherwise escaping materials may be dropped for the water or other substance may be sprinl to clean or maintain such stree or moved on any vehicle is so from dropping, except sand or other of securing traction, and on a street or roadway in roadway. b. It onto be prohibited for vehicles )osit substantial and unreasonable ,s of mud, gravel or materials from their wheels or track public streets o )adways2. {1978 Code §15-76) Throwing Litter in PaXN owned by the City, receptacles and in such n collection and will not street, roadway or such litter shall be ca litteds presence elsewhere, as p] shall throw or deposit litter in any park within or without the City, except in public awa~ public herein. 3er that the litter will remain in the receptacle until ~ttered by the natural elements onto any park, Where public receptacles are not provided, all the park by the person responsible for the erty and shall be properly disposed of =ode § 1 5-77) Throwing Lil in Waterways: No person ~all throw, deposit or permit litter in any fou~ ]in, pond, lake, stream or any ]er body of water in a park4 or elsewher Nithin the City. (1978 Code §1 ~See also subse 14-3H-9G of this Article. 2See also Se( 6-1-2N of the City Code and 14-1A-5 of this Title. 3See Title,~,O, Chapter 9 of the City Code for park provisions. 4See TIT10, Chapter 9 of the City Code for park provisions. 26 Dropping Litter from Aircraft: No person in any aircraft shall scatte, drop or deposit any litter, handbill or any other object within the City or confines of the City airport. (1978 Code §15-79) Depositing Litter on Occupied Private Property: such the n private No pe ~osit litter on any occupied private property within th such person or not, except the owner, operato property may maintain authorized private manner that litter will be [ al elements upon any street, sidew 11978 Code §15-80) shall throw or whether owned person in control of collection in carried or deposited by or other public place, or upon Depositing on Vacant Lots: No open or vacant cate property wi operated by such son or not, throw or deposit litter on any City whether owned, occupied or § 15-82) 10. Depositing Litter at Cit' on or upon any City-owne, dumping or by the direct Sites: No person shall throw or deposit litter ]ndfill site, except in those areas designated for ~'ity landfill personnel. (1978 Code § 15-8 ~) Placement of Litter in Rece placing litter in public receptacles or in Owners to ~lai,~t~i.n Premises Free of Litter: The owner o~erson either operating or in control o ~y p~i..vate property or premises shall, at all tim%maintain the property ~1o~ra~mei~'~ litter in'free Of littaE~;thP~r~ied~d'prihv°atW~VrC~'ctehp~tacles for collectthis subsection io~orrOtp~ro~ihibiblt tthh~ com~/?~ing of yard waste. (1978 Code §1.5-81)~ Clearing by City of Vacant Private Property. ~_ / 27 Notice to Remove: When, in the determination of the Director, unreasonable or dangerous threat to public health, safety or irector or designee is hereby authorized and empowered to r Jpant or operator of any open or vacant property or representative thereof to properly dispose of the )oses an the the owner, the City or the located on the y. Such notice shall be in with Title 6, Chapter 1 ' Code. Action Up( occupant, op dangerous litter or within fifteen City because of offending party, the Dire( or cause the abatement private property may be acc the City Code. Abatement Costs: litter or has paid thereof, plus annum from the offendin paid owner the s~ of ~liance: Upon the failur tor or agent so thin seven (7) calend calendar days al to make lect or refusal of any owner, y dispose of unhealthful or days after receipt of written notice the date such notice is returned to the to the last known address of the nee is authorized and empowered to abate on private property. Abatement of litter on )lished in accordance with Title 6, Chapter 1 of the City ha~.s effected the removal of such offending removal, a $10~minimum charge or the actual cost interest at the maxum rate designated by law per completion of the wb k, shall remain an obligation of party, occupant ~ffending party prior thereto, the property and/or levied as an assessm, manner as a property tax, all in accordance wi Code. (1978 Code §15-83) If such costs are not shall be charged to the ainst the property in Title 6, Chapter 1 lccogsw~ch3arth.ocd 3-4-5: SOLID WASTE DISPOSAL: Fee, Charge, Bond, Fine or Solid Waste Fees Annual per year Special wast permit, per year Yard Waste Collec )n Fees Per bag sold Annual stamp, :ontainer Untreated Collection of Large Items (see also Disposal of Large Items Appliance collection, per col- lected Tire collection, per tire coll~ Bulky rubbish Residential Solid Waste Per dwelling unit, per mon Solid waste Curbside Re Per 2 roomin( Solid w ~its, per month / Curbside Recycling Amount of Fee, Charge, Bond, Fine or Penalty 9100.00/ 9800.00// C!t .C~_ode Chapter, k'rticle or Section Reference 14-3H-7C1 14-3H-8C2 14-3H-9B1 $3.00 $25/5 items 14-3A-4, 14-3H-9H con her. 75 minimum 2 containers Additional $2.25 14-3H-9A 98.75 Includes 2 containers per week. Additional containers ~ I/contai- nor, $2.25 2 Description ~f Fee, Charge, Bond, Fine or\Penalty Deposit Fee C~bined for City Water and/or Sanitary ~ewer and/or Solid Waste Collection\~ccounts Residential owi~er account, per com- bined residentiai~ervice for City water and/or samt~ar¥ sewer and/or solid waste collecti~ service Residential tenant ac~unt, per com- bined residential service, for City water and/or sanitary se~(er and/or solid waste collection ser~i~,e Delinquency Deposit for Combin~ Wa- ter and/or Sanitary Sewer and/or 5~lid Waste Collection Service ~, Special Wastes Disposal Fees ~ Disposal of special wastes Amount of Fee, City Code/hapter, Charge, Bond, Fine Article/of Section or Penalty /~erenc/14_3A.5e 975.00 / / An am to an a~ 2-month billi~ for the delin- account times the landfill fees in this Sec~ 14-3A-6 14-3H-lOB Minimum fee Disposal of Large Items Fees (s collection of Large Items Appliance disposal fees Residential per disposed Surcharge aged item item disposed crushed or dam- disposed Tire dispos~ Per 'und S~l~ject to minimum fee Unf~eated /umber / 2 :he landfill use one ton $1/cu. ft. ~30,00 90.07 $3.00 ¢30/ton 14-3H-10D1 ~414 H-10D2 Description of Fee, Charge, Bond, Fine or Penalty Landfill~e Fees Solid Waste from Iowa City premises sub . a property tax and City* owned ~erty Landf~ ~e per ton Statefe~ er ton Total fee ton All other solid Landfill fee per State fee per ton Total fee per ton Minimum fee in lieu of tonn~ {1978 Code §32.1-55; 1994 Code jccogsw',s wdispos.tbl 3 Amount of Fee, Charge, Bond, Fine or Penalty ;d Sum of L and State ~ As required Jm of landfill and State fees 15% of total per ton fee City. Codxe/~hapter, Art~cI, F'or Section /Reference 14-31-1-10G Approvod City ....