TOPIC: BUILDINGS AND CONSTRUCTION
SUBJECT: DISCHARGE OF LITTER
KEY WORDS: SIDEWALKS, TRASH, RUBBISH, GARBAGE
CODE: ORD II-2
AGENCIES: POLICE, HEALTH DEPTS
STATUTES: C. 270 S. 16
DATES: 06/10/97, 01/10/95, 02/14/89, 06/10/86, 02/05/88, 09/??/84 02/02/82, 02/03/81
ELEMENTS: Ordinance regulating the discharge and control of litter on highways and byways.
“Litter” shall mean refuse, garbage, rubbish, or any unwanted waste materials in any amount intended for disposal by any person or persons. It may consist of animal or vegetable waste, paper, cellophane, rubber, glass, metal, plastic and other like materials.
“Refuse” defined to include “garbage, ashes and rubbish” defined in ordinance.
The City will collect ordinary rubbish.
“Commercial Waste” consists of any unusual wastes that accumulate on premises of commercial enterprise, (e.g. m/v parts from vehicle repair shops, constructions materials from commercial construction service companies.
City does not collect commercial waste.
“Industrial Wastes” are waste materials, products or by-products from factories, processing plants, and other manufacturing enterprises including any food processing wastes, highly inflammable material or otherwise dangerous and / or hazardous wastes.
Industrial wastes not collected by City.
“Joint Maintenance” shall mean:
A. The City retains ownership of the road layout including the portion known as the sidewalk and shall be responsible for major maintenance such as paving repairs or replacement as deemed necessary.
B. The owner and / or tenant shall be responsible for the cleanliness, removal of debris, weeds and trapped litter from any sidewalk that abuts owned or rented property and shall exercise good and reasonable judgment in maintaining the sidewalk free from debris and litter at all times so as to insure the safe passage of all pedestrian traffic in an atmosphere free from dirt and litter.
Also defined in ordinance are person(s), owner, tenant, littering, and sidewalk.
Violation: Sections 3 & 4
Any person littering or otherwise disposing of litter on any street, road highway or sidewalk.
Any person littering or otherwise disposing litter on private property as to cause a general nuisance to the public welfare.
A. All persons (owner / tenant) who fail to exercise reasonable daily maintenance of sidewalks violates the ordinance.
B. All persons in commercial, light and heavy industrial zones, exercising joint ownership to abutting sidewalk are responsible to dispose of picked up debris
C. Owners of lesser use-zoned properties including residential and apartment house are responsible.
D. Sweeping debris onto roadway is a violation.
E. All convenient stores or take out food restaurants required to provide trash receptacles
F. Includes all City agencies.
Sections 5, 6, 7, 8
Storage for Collection: Containers defined in ordinance, must be in good condition and covered or secured so contents do not escape.
Barrel – metal, plastic, or rigid container, max. 8 lbs. empty, 32 gals.
Bag – designed for rubbish disposal, max. 36” x 24”, 28 gals.
Box – heavy cardboard, max 36” x 24”, 4 lbs. empty.
Bundle – max. 48” long, 18” diameter, 6 cubic feet.
All containers not filled over limit and must be able to withstand snow and rain without collapsing.
All bags tied, boxes covered or kept out of rain/snow, bundles neatly tied with strong cord.
Containers max. 50 lbs. full, max 6 per unit, 10 with DPW permission. City collects from buildings with 6 units or less.
Collection: Containers collected curbside on scheduled day. Stored for removal no earlier than 18:00 night before, no later than 07:00 day of collection. Empty container removed day of collection.
Prohibition of keeping containers on sidewalk except for collection.
Prohibition against disturbing rubbishes without consent of owner (barrel picking), or written permission of DPW.
Regulation for private waste disposal for commercial and industrial waste, must be non-leaking. DPW, HEALTH to supervise.
No person shall place refuse for collection in front of any building where the refuse was not generated.
Condominiums of over 6 units can have trash collected by City if pay for their own dumpster, participate in curbside recycling, and sign waiver.
PENALTIES: Violations of Sec. 3 & 4
FINE – After conviction:1st offense - Warning, 2nd offense - $100, Subsequent - $200
Violations of Sec. 5, 6, 7, 8
FINE – 1st offense - $50, 2nd offense - $100, Subsequent - $200.
10% interest charged for failure to pay assessed fine within 21 days.
ENFORCEMENT: Police, Health Inspectors, other person that Mayor deputizes with written notice.
NOTE: Main ordinance – 06/10/86