Chapter 15 · Utilities

Article 5. Solid Waste

Sections 15-501 to 15-526 · 26 sections

15-501 Definitions.

For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

(a)Contractor. A person with whom the city bas a contract to collect and dispose of refuse.

(b)Garbage. The solid or semi-solid animal and vegetable waste resulting from the handling, preparation, cooling and serving of foods, including can, bottles and cartons in which it was received and wrapping in which it may be placed for disposal.

(c)Person. Any individual, firm, association, syndicate, copartnership, corporation, trust, other legal entity having proprietary interest in a premises, or other legal entity having responsibility for an act.

(d)Refuse. All solid waste from residential, commercial or industrial premises. It shall include semi-liquid or wet wastes with insufficient moisture and other liquid contents to be free flowing. It shall not include, except for minor amounts incidental to other wastes, any refuse resulting from building excavation, demolition or remodeling work, or any construction work, nor shall it include stumps, tree trunks, tree trimmings or limbs resulting from the cutting down, or the topping of any tree, regardless of who performs the work, nor shall it include refuse resulting from tornado, cyclone, extreme wind storms, ice storms, flood or other act of God or the burning of any building.

(e)Sanitation Officer. The current sanitation officer as appointed by the Mayor and approved by the Council, who shall have responsibility for administering and enforcing this article.

(Prior Code § 17-501; Ord. 536)

15-502 Collection; refuse, garbage.

All refuse and garbage accumulated within the city shall be collected, conveyed and disposed of by the city or by contractors specifically authorized to collect and dispose of refuse and garbage.

(Prior Code § 17-502; Ord. 536)

15-503 Contracts.

The governing body of the city shall have the right to enter into a contract with any responsible person for collection and disposal of refuse and garbage; provided that, the contracts shall provide for the collection and disposition of all refuse within the city. The contract may be awarded to a responsible person following proper negotiation or after receiving bids, whichever, in the judgment of the governing body, shall seem proper; provided further that, the contract for the collection and disposal of refuse, as herein defined, shall in no way conflict with the terms and conditions of this article.

(Prior Code § 17-503; Ord. 536)

15-504 Storage.

It shall be the duty of every person, firm or corporation owning, managing, operating, leasing or renting any premises or any place in good order and repair, on each of the premises, a portable container or containers for refuse storage of sufficient capacity and of sufficient numbers to accommodate and securely hold all of the garbage and refuse that may accumulate between regular schedule collections. All solid waste containers shall be stored upon private property unless the owner shall have been granted written permission from the city to use public property for such purpose.

(Prior Code § 17-504; Ord. 536)

15-505 Containers.

Refuse containers and garbage containers shall not be more than 35 gallons, nor less than ten gallons, in nominal capacity; except where only one container is used, in which case this container may be less than ten gallons in capacity. Containers shall be water-proof, rat-proof and fitted with a tight lid. The containers shall have handles, bails or other suitable lifting devices or features. The containers shall be of a type originally manufactured for refuse or garbage, with tapered sides for easy emptying. They shall be of light weight and sturdy construction. The weight of any individual container and contents shall not exceed 80 pounds. Galvanized iron and sin1ilar metal containers shall be used. Disposal bags manufactured for garbage and refusal disposal, in suitable frames or containers shall be acceptable. Oil or grease drums, paint cans and similar salvaged containers shall not be acceptable.

(Prior Code § 17-505; Ord. 536)

15-506 Bulk containers.

On premises where excessive amounts of refuse accumulates or where individual storage methods such as cans or bags are impractical the occupant or the contractor may provide and maintain suitable bulk containers for the on-premise storage of refuse. The container shall have a capacity and shall be equipped with appurtenances for attaching mechanical lifting devices which are compatible with the collection equipment. Containers shall be contracted of durable rust and corrosion-resistant material which is easy to clean. All containers shall be equipped with tight fitting lids or doors to prevent entrance of insects or rodents. The doors and lids shall be constructed and maintained so that they can be easily opened and closed. The containers shall be of water-tight, leak-proof and weather-proof construction and design.

(Prior Code § 17-506; Ord. 536)

15-507 Covers, lids, doors.

Covers, lids and doors on containers used for the storage of refuse and garbage shall be kept closed at all times, except when depositing material in the container or removing the contents therefrom:

(a)All refuse and garbage shall be placed in suitable containers; except, it shall not be necessary to place books, boxes, magazines or newspapers in containers; provided that, they are securely tied in bundles or completely contained in disposable boxes not larger than 24 inches by 36 inches. Also, tree limbs and brush may be securely tied in bundles not larger than 48 inches long and 18 inches in diameter;

(b)Baskets, boxes and non-complying refuse or garbage cans or containers shall be considered disposable refuse and may be removed by the contractor if they are the proper size and otherwise acceptable for collection; or shall be left uncollected if they are larger than the allowable size or unacceptable for collection; and

(c)Large bulky items such as furniture, large tree limbs and appliances that cannot be reduced to fir approved containers, will be collected only by prior special arrangement with the city or the contractor.

(Prior Code § 17-507; Ord. 536)

15-508 Wrapping garbage.

All garbage or refuse, consisting of waste, animal and vegetable matter, which may attract flies, dogs or rodents, shall be drained of all excess liquids, wrapped in paper or disposal containers and placed or stored, until collected, in covered suitable containers as described in section 15-505 of this article.

(Prior Code § 17-508; Ord. 536)

15-509 Accumulation; refuse, garbage.

(a)No person shall store, collect, maintain or display on private property, refuse or garbage that is offensive or hazardous to the health and safety of the public or which creates offensive odors or a condition of unsightliness. Storage, collection, maintenance or display of wastes or solid wastes in violation of this section shall be considered to be a public nuisance.

(b)No person shall permit to accumulate quantities of refuse, papers, trash, ashes or other waste materials, within or close to any building unless the same is stored in containers in such a manner as not to create a health or fire hazard.

(Prior Code § 17-509; Ord. 536)

15-510 Burying refuse, garbage.

No person shall bury refuse at any place within the city or keep, place or deposit refuse on any public or private grounds or premises, whatsoever, except in containers or receptacles for collection upon premises owned, occupied, or under possession and control of such person; provided, however, that lawn and garden trimmings may be composted.

(Prior Code § 17-510; Ord. 536)

15-511 Burning; refuse, garbage.

No person shall burn any garbage, refuse, leather, rubber, plastic, green or wet vegetation or organic material, or bum any other substance producing dense smoke or unpleasant odor within the city unless the operations are carried out in an approved type incinerator, provided, however, that open burning of yard waste such as leaves, grass, and limbs no larger than ½ inch in diameter shall be permitted when done in accordance with a resolution of the governing body that sets an open period for such burning AND provided that such burning is done with the exercise of due caution on the part of the landowner and tenant of the property upon which such burning occurs. Nothing herein shall prohibit fireplaces or stoves where wood or coal is burned. Controlled burning and bonfires for special school events shall be allowed provided that a permit is applied for and granted and provided that such burning is done with the exercise of due caution on the part of the applicant including safety measures being in place for same. The burning of flags by the American Legion may be conducted at any time unless a county wide burn ban is in effect. On all burnings, Decatur County Dispatch will be notified by the landlord and/or tenant.

(Prior Code § 17-511; Ord. 536; Ord. 871; Ord. 907; Ord. 958)

15-512 Ownership of refuse materials.

Ownership of refuse materials when placed in the containers by the occupants or owners of premises upon which refuse accumulates, shall be vested in the city and shall thereafter be subject to the exclusive control of the city, its employees or contractors and no person shall meddle with refuse containers or in any way pilfer or scatter contents thereof in any alley or street within the city.

(Prior Code § 17-512; Ord. 536)

15-513 Unauthorized disposal.

No person shall haul or cause to be hauled any garbage, refuse or other waste material of any kind to any dumping place, site or area within or without the limits of the city unless such place or site is operated by the contractor, the city or is a sanitary landfill site, transfer point or disposal facility approved by the state’s Department of Health; in addition to the site or facility must comply with all applicable health and zoning ordinances of the city.

(Prior Code § 17-513; Ord. 536)

15-514 Hazardous materials.

No person shall deposit in a garbage or refuse container or otherwise offer for collection any hazardous garbage, refuse or waste. Hazardous materials shall be transported by the owner or their agent, to a place of safe deposit or disposal as prescribed by the Sanitation Officer or their authorized representative. Hazardous material shall include:

(a)Explosive materials;

(b)Rags or other waste soaked in volatile and flammable materials;

(c)Drugs;

(d)Poisons;

(e)Radio-active materials, high-combustible materials;

(f)Soiled dressings, clothing, bedding and/or other wastes, contaminated by infection or contagious disease; and

(g)Any other materials which may present a special hazard to collection or disposal personnel, equipment or to the public.

(Prior Code § 17-514; Ord. 536)

15-515 Use of public property prohibited.

No person shall throw, rake, deposit, dump, drop or spill litter, waste material or foreign material upon the street, sidewalks or other public right-of-way within the city; provided that, the Mayor may at their discretion proclaim a period when leaves may be placed in street rights-of-way for collection; provided further that, nothing in this article shall prevent any person under a permit from the city from encumbering the streets or alleys with building materials or earth as may be necessary for the purpose of construction, erection, adding to, remodeling, repairing any building or structure, or resulting from demolition operations; provided further that, in the event of such encumbering of the streets or alleys, the contractor, owner or occupation shall remove any and all materials remaining within ten days from the completion of the work, and shall leave the street or alley in the same condition that they were in prior to such use thereof.

(Prior Code § 17-515; Ord. 536)

15-516 Enter private premises.

Solid waste collectors, employed by the city or operating under contract with the city, are hereby authorized to enter in and upon private property for the purpose of collecting solid waste therefrom as required by this article.

(Prior Code § 17-516; Ord. 536)

15-517 Collection of garbage, rubbish.

Provisions relating to the collection of garbage and rubbish shall be as follows.

(a)The city, or its authorized contractor, shall collect at least weekly from residential areas, designated business routes and food establishments of the city, as provided in schedules established by the city or contractor, all garbage and refuse; provided, that it shall be the duty of any person in possession or control of any premises to place the storage containers required in section 15-505 of this article in a convenient location for collection, as designated by the city and the contractor; whereby collectors can obtain same without going into buildings, garages, locked gates or fenced yards with dogs. Residential collection containers shall be placed at the front curb of each residence at the time designated by the contractor or city for collection from that residence. Following collection, the empty containers shall be removed from the front curb by each householder. In no case shall containers be kept at the front curb or in any location clearly visible from the street other than at the designated times of collection. All containers and grounds immediately around same shall be kept in a safe and sanitary condition at all times.

(b)The places having rubble and excessive accumulations of garbage and refuse shall be included for minimum or nominal service, but may be excluded from additional service provided by the city or contractor, the option resting with the city or contractor, and such accumulations shall then be removed and disposed of at the expense of the owner or person having same in charge; provided that, the owner, person having such accumulations in charge, or collecting agent shall secure from the City Clerk a written permit for the scheduled removal and disposal of same; unless the removals are performed by arrangement with the contractor.

(c)Heavy accumulations such as brush, broken concrete, ashes, sand or gravel, automobile frames, dead trees and other bulky, heavy materials shall be disposed of at the expense of the owner or person controlling same under the direction of the Sanitation Officer.

(d)Manure from cow lots, horse stables, poultry yards, pigeon lofts and other animal or fowl pens, and waste oils from garages or filling stations or materials considered hazardous and/or dangerous shall be removed and disposed of at the expense of the person controlling the same in the manner and by the method directed by the Sanitation Officer.

(Prior Code § 17-517; Ord. 536)

15-518 Permits.

No person shall collect or haul over the city streets in the city, any garbage or refuse unless such person shall have a contract with the city; provided that, this section shall not apply to departments of city government of the city; provided further that, nothing in this section shall be construed to prevent a person from hauling or disposing of their own refuse accumulated at their residence or business establishment, in such manner as not to endanger the public health or safety, not to create a nuisance to the inhabitants of the city and not to litter the streets and alleys of the city; provided further that, such person shall have hauling equipment meeting State Department of Health requirements and that the place and method of disposal used is in accordance with State Department of Health requirements. In no case, however, shall a person hauling or disposing of their own refuse be thereby or for any other reason exempt from any service charges or fees required by this article.

(Prior Code § 17-518; Ord. 536)

15-519 Authorized persons; no further permit.

Any person authorized by the contractor to remove or haul garbage or refuse, shall be considered to have met the provisions of section 15-518 of this article, and no further permit or license shall be required by the city. Nothing elsewhere contained in this article shall be construed as prohibiting construction contractors, tree surgeons, roofers and other private contractors, whose operations result in the accumulation of refuse, from hauling and disposing of accumulations of trash and rubbish resulting from their own operations; provided that, they shall at all times comply with the regulations and provisions of this article.

(Prior Code § 17-519; Ord. 536)

15-520 Charges; collection, disposal.

(a)The city, in providing the service of collection and disposing of all refuse accumulated within the city for the purpose of preventing unsanitary, unsightly hazardous, unhealthful and dangerous conditions caused by the accumulation of garbage and refuse, shall establish and collect a service charge or fee to defray the cost and maintenance of service and to pay any person contracting with the city for the collection and disposal of garbage and refuse, the fees and charges provided by the contract for the collection and disposal thereof.

(b)Such service charges and fees shall be computed, based and charged ta the owners or occupants of dwelling units or commercial establishments as nearly as practicable upon the basis of volume or time expended in the collection and disposal thereof.

(Prior Code § 17-520; Ord. 536)

15-521 Charges; fee schedule.

The following schedule of charges is hereby established as reasonable and in accordance with the volume of garbage and refuse handled from the following classifications of residences, dwellings and commercial establishments.

(a)There shall be charged, assessed and collected from each residential unit within the city limits, the monthly amount of:

(1)Multiple occupant dwellings: $20.20;

(2)Single occupant dwellings: $10.20; and

(3)Charges for additional volume and/or frequency shall be paid directly to the city or contractor by the person requesting additional service.

(b)In case of mobile home parks, multiple or group dwellings, there shall be at least one standard container for each dwelling unit or in the equivalent volume an approved container or containers designed for mechanical emptying. Each mobile home and each apartment or dwelling unit shall be considered a residential unit for the charging, assessment and collection of fees hereunder.

(c)There shall be charged, assessed and collected from each commercial establishment, the monthly amount of: up to eight 35-gallon containers per week, or the equivalent thereof: $20.20.

(d)Such additional charges as maybe agreed upon by the owner or operator of the establishment and the contractor may be made for service in excess of minimum provided above. Payment for such additional collection of refuse from commercial establishment shall be made directly to the contractor. Occupants may appeal to the Solid Waste Committee if the rate is considered excessive: special haul service collection as specially requested by occupants or owners of amounts of refuse in excess of those normally collected and at pickup time other than normally scheduled. Cost shall be agreed upon by the city or contractor and the person requesting special hauling service, and shall be collected directly by the contractor.

(Prior Code § 17-521; Ord. 614; Code 2024)

15-522 Duty to request garbage service.

To assist in maintaining the general sanitation of the city, it shall be the duty of every person occupying or having control of the occupancy of any premises located on a regularly established garbage and refuse route to notify the City Clerk at the beginning of such occupancy or on the effective date of this code and request, accept and use the garbage and refuse pickup and collection service; provided that, the failure of any owner, rental agent or occupant of such premises to make such request shall not prevent, nor in any way impair or impede the city from adding the address of such premises to the proper garbage and refuse collection route records and providing such service and otherwise enforcing by appropriate action the regulatory measures herein prescribed and causing the fees or charges thereof to be paid.

(Prior Code § 17-522; Ord. 536)

15-523 Charges to be on water, utility bill.

All bills for refuse service charges shall be included on water or utility bills and delinquent refuse bills shall carry the same due dates, grace periods and penalties as water bills.

(Prior Code § 17-523; Ord. 536)

15-524 Prohibited practices.

It shall be unlawful for any person to:

(a)Deposit solid waste in any container other than that owned or leased by them or under their control without written consent of the owner and/or with the intent of avoiding payment of the refuse service charge;

(b)Interfere in any manner with employees of the city or its contractors in the collection of solid waste; and/or

(c)Burn solid waste unless a variance has been granted and a written permit obtained from the city or the appropriate air pollution control agency.

(Prior Code § 17-524; Ord. 536)

15-525 Sanitation officer.

There is hereby created the office of Sanitation Officer, who shall be appointed by the Mayor with the consent of the City Council and who shall have the responsibility of administering and enforcing this article. They are hereby authorized, subject to approval by the governing body, to formulate reasonable rules and regulations including point of collection necessary to carry out the provisions of this article.

(Prior Code § 17-525; Ord. 536)

15-526 Penalty.

Any person who shall violate any provision of this article, shall, upon conviction, be punished by a fine of not less than $100 or by imprisonment for not less than 30 days, and each day’s failure to comply with any such provision shall constitute a separate violation.

(Prior Code § 17-526; Ord. 536)