CHAPTER 53: GARBAGE

Section
General Provisions
53.01 Title
53.02 Definitions
53.03 Cumulative; conflict with other ordinances

Garbage Storage and Collection
53.15 Receptacles required; location
53.16 Unauthorized use of receptacles
53.17 Monthly service charges
53.18 Unauthorized garbage collection
53.19 Heavy or bulky items
53.20 Manure; waste oils
53.21 Improperly prepared or placed garbage
53.22 Meddling with garbage

Disposal of Brush
53.35 Definitions
53.36 Subscriptions for brush pickup and disposal
53.37 Requesting service; billing
53.38 Service to non-subscribers
53.39 Annual subscriptions
53.40 Placement and condition of brush

GENERAL PROVISIONS

§ 53.01 TITLE.
This chapter shall be known as the “garbage ordinance” of the city.
(Prior Code, § 16-16) (Ord. 11-97, passed - - ; Am. Ord. 13-104, passed - - ; Am. Ord. 16-29, passed - - ; Am. Ord. 18-29, passed - - ; Am. Ord. 19-15, passed - - )

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

DRY KITCHEN REFUSE. Solids resulting from food preparation and service, after the liquid or slop
has been drained off.

GARBAGE. Dry kitchen refuse, all meat, vegetable, and fruit refuse, small dead animals, and dead
fowl, from any premises within the city limits.

PREMISES. Business houses, boardinghouses, theaters, hotels, restaurants, cafes, eating houses,
tourist camps, apartments, sanitariums, rooming houses, schools, private residences, vacant lots, and all
other places within the city limits where garbage, trash, or rubbish accumulates in ordinary quantities.

RUBBISH. Tin cans, bottles, glass, scraps of iron, tin, wire, or any other metals, from any premises
within the city limits.

TRASH. Paper of all kinds, rags, old clothing, paper containers, old rubber, pieces of wood, boxes,
barrels, crates, feathers, weeds, grass, and tree limbs, from any premises within the city limits.
(Prior Code, § 16-17) (Ord. 11-97, passed - - ; Am. Ord. 13-104, passed - - ; Am. Ord. 16-29, passed - - ; Am. Ord. 18-29, passed - - ; Am. Ord. 19-15, passed - - )

§ 53.03 CUMULATIVE; CONFLICT WITH OTHER ORDINANCES.
This chapter shall be cumulative of all other sanitary ordinances or regulations of the city, unless in
conflict with the terms of those ordinances and regulations, in which case the terms of this chapter shall
prevail.
(Prior Code, § 16-18) (Ord. 11-97, passed - - ; Am. Ord. 13-104, passed - - ; Am. Ord. 16-29, passed - - ; Am. Ord. 18-29, passed - - ; Am. Ord. 19-15, passed - - )

GARBAGE STORAGE AND COLLECTION

§ 53.15 RECEPTACLES REQUIRED; LOCATION.
(A) It shall be the duty of every person owning, managing, operating, leasing, or renting any premises,
or any place where garbage accumulates, to provide a portable garbage can constructed of galvanized iron, tin, or other suitable material, with a tight-fitting cover of a capacity not less than 20 gallons nor over 32 gallons, or plastic bags at least of two mil thickness, and the daily accumulation of garbage shall be placed in that garbage can or plastic bags. It shall also be the duty of every person owning, managing, operating, leasing, or renting any premises to place all trash and rubbish from those premises in boxes, sacks, barrels, or other receptacles of reasonable size, provided that the gross weight does not exceed 50 pounds.

(B) Garbage cans, boxes, sacks, or barrels of trash and rubbish and tree limbs which shall be cut into
lengths not exceeding four feet shall, where an alley is accessible, be placed inside the property line at the edge of the alley, where there are no fences; where there is a back fence, garbage cans, boxes, sacks, or barrels of trash, rubbish, and tree limbs shall be placed outside and against the fence in the alley. Where there is no accessible alley, all garbage, trash, and rubbish shall be placed inside the curbline of the street, on the day of collection only, to be collected by the city garbage vehicles.
(Prior Code, § 16-19) (Ord. 11-97, passed - - ; Am. Ord. 13-104, passed - - ; Am. Ord. 16-29, passed - - ; Am. Ord. 18-29, passed - - ; Am. Ord. 19-15, passed - - ) Penalty, see § 10.99

§ 53.16 UNAUTHORIZED USE OF RECEPTACLES.
The following practices are prohibited:
(A) The placing of garbage, trash, or rubbish or any article, thing, or material in any commercial type
bulk garbage container by any person other than the person who pays the monthly service charge for the collection of garbage from that container;

(B) The placing of garbage, trash, or rubbish or any other article, thing, or material in any commercial
type bulk garbage container (exclusive of litter barrels or cans) located on any public property; and

(C) The placing of household garbage, trash, or rubbish in any litter barrel or can located on public
property.
(Prior Code, § 16-20) (Ord. 11-97, passed - - ; Am. Ord. 13-104, passed - - ; Am. Ord. 16-29, passed - - ; Am. Ord. 18-29, passed - - ; Am. Ord. 19-15, passed - - ; Am. Ord. passed 6- -1987) Penalty, see § 10.99

§ 53.17 MONTHLY SERVICE CHARGES.
(A) There shall be charged, assessed, and collected through the Water and Sewer Department from
each unit dwelling, firm, or corporation within the city limits, the following monthly service charges for
garbage, refuse, trash, and rubbish collection and disposal:

(1) Residential collection.

(a) Twice per week pick-up.

(b) All household trash, bundled brush, white goods (such as stoves, furniture, and refrigerators, within reason.)

(c) $5.50 per residential stop.

(2) Commercial collection.

(a) Hand commercial classed in four categories. All commercial hand pick-up is twice weekly:

1. Any business whose volume is less than that of a residential unit will be charged $5.50;

2. For small commercial, which is defined to mean not more than six bags, cans, or boxes per week, $10;

3. For medium commercial, which is defined to mean not more than ten bags, cans, or boxes per week, $15; and

4. For large commercial, which is defined to mean not more than 15 bags, cans, or boxes per week, $20.

(b) Dumpsters to be used where practical and volume warrants. (See division (A)(3).)

(c) Should a customer have an extremely large volume and a dumpster is not practical, a rate will be established between the contractor, the city, and the customer.

(3) Commercial dumpster rate schedule. Commercial dumpster pick-up available six days per week. There is a $6 per month discount for any customer owning his or her own container.

(B) The above charges shall be paid each month and within ten days of the date of the monthly bill;
otherwise, the service shall be discontinued.
(Prior Code, § 16-21) (Ord. 11-97, passed - - ; Am. Ord. 13-104, passed - - ; Am. Ord. 16-29, passed - - ; Am. Ord. 18-29, passed - - ; Am. Ord. 19-15, passed - - ; Am. Ord. passed 6- -1987)

§ 53.18 UNAUTHORIZED GARBAGE COLLECTION.
The collection of garbage, trash, and rubbish or any kind of junk within the city limits without
authority from the city is prohibited except as provided for in §§ 53.19 and 53.20 below.
(Prior Code, § 16-22) (Ord. 11-97, passed - - ; Am. Ord. 13-104, passed - - ; Am. Ord. 16-29, passed - - ; Am. Ord. 18-29, passed - - ; Am. Ord. 19-15, passed - - ; Am. Ord. passed 6- -1987) Penalty, see § 10.99

§ 53.19 HEAVY OR BULKY ITEMS.
Accumulations of items such as brick, broken concrete, lumber, ashes, dirt, and plaster, sand, or
gravel, automobile frames and parts, dead trees, and other bulky, heavy material shall be disposed of at the expense of the owner or person controlling same under the direction of the Building Official.
(Prior Code, § 16-23) (Ord. 11-97, passed - - ; Am. Ord. 13-104, passed - - ; Am. Ord. 16-29, passed - - ; Am. Ord. 18-29, passed - - ; Am. Ord. 19-15, passed - - )

§ 53.20 MANURE; WASTE OILS.
Manure from cow lots, horse stables, poultry yards, and pigeon lofts, and waste oils from garages or
filling stations, shall be disposed of at the expense of the person responsible for same under the direction of the Building Official.
(Prior Code, § 16-24) (Ord. 11-97, passed - - ; Am. Ord. 13-104, passed - - ; Am. Ord. 16-29, passed - - ; Am. Ord. 18-29, passed - - ; Am. Ord. 19-15, passed - - )

§ 53.21 IMPROPERLY PREPARED OR PLACED GARBAGE.
The sanitation department will not make collection of garbage, trash, rubbish, or tree limbs where
same are not prepared for collection and placed as designated by the terms of this chapter.
(Prior Code, § 16-25) (Ord. 11-97, passed - - ; Am. Ord. 13-104, passed - - ; Am. Ord. 16-29, passed - - ; Am. Ord. 18-29, passed - - ; Am. Ord. 19-15, passed - - )

§ 53.22 MEDDLING WITH GARBAGE.
Meddling with garbage cans, trash or rubbish receptacles or in any way pilfering or scattering their
contents in any alley or street within the city limits is prohibited.
(Prior Code, § 16-26) (Ord. 11-97, passed - - ; Am. Ord. 13-104, passed - - ; Am. Ord. 16-29, passed - - ; Am. Ord. 18-29, passed - - ; Am. Ord. 19-15, passed - - ) Penalty, see § 10.99

DISPOSAL OF BRUSH

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

BRUSH. The cuttings or trimmings from trees, shrubs, or bushes.
(Ord. 28-03, passed 12-8-2003)

§ 53.36 SUBSCRIPTIONS FOR BRUSH PICKUP AND DISPOSAL.
(A) Each residential water customer of the city may subscribe to a brush pickup and disposal service
from the city for a cost of $5 per month. To subscribe to this service, each residential water customer must sign a subscription form. The subscription form may be obtained at City Hall or in any other manner which the City Council or City Manager may provide.

(B) Any residential water customer subscribing to the city’s trash pickup and disposal service shall
be referred to as a “subscriber.”

(C) Existing residential water customers may subscribe for brush pickup and disposal service only
during the month of January of each calendar year. Once a residential water customer has subscribed to
brush pickup and disposal service, the subscription will continue from month to month until the residential water customer either signs a form discontinuing brush pickup and disposal service subscription or ceases to be a residential water customer.

(D) Any new residential water customer can subscribe within 30 days of making initial application
for residential water service or can subscribe during the month of January of each calendar year.

(E) Any residential water customer who subscribes to the city’s brush pickup and disposal service
is entitled to request and receive brush pickup and disposal service from the city at the residence where
he or she receives city water service at no cost other than the monthly subscription fee.
(Ord. 28-03, passed 12-8-2003)

§ 53.37 REQUESTING SERVICE; BILLING.
(A) To obtain brush pickup and disposal service, a subscriber may request the service by contacting
the City Manager or his designee in person at City Hall. Upon request by any subscriber, the city will
provide brush pickup and disposal service.

(B) Once a residential water customer of the city has subscribed to brush pickup and disposal service,
that customer will be billed a fee of $5 per month on the customer’s water bill. The fee shall be due and
payable to the city on the same terms as the subscriber’s water bill.
(Ord. 28-03, passed 12-8-2003)

§ 53.38 SERVICE TO NON-SUBSCRIBERS.
(A) Any residential water customer of the city who does not subscribe to brush pickup and disposal
service and pay the monthly fee may obtain brush pickup and disposal service from the city by appearing in person at City Hall and completing an application for brush pickup and disposal service. The city will charge any non-subscribing residential water customer at the rate of $60 per hour for brush pickup and disposal service.

(B) At the time the non-subscribing residential water customer requests brush pickup and disposal
service, the customer must pay the city a deposit in an amount projected by the City Manager, or his
designee, to be sufficient to cover the cost of the brush pickup and disposal service (as calculated using
the above hourly rate). From that deposit, all charges for brush pickup and disposal service will be
deducted and retained by the city.

(C) In the event the charges made by the city for brush pickup and disposal service are less than the
amount of the deposit, the city will refund the balance of the deposit by check within 15 days of completion of the brush pickup and disposal service. In the event the charges by the city for brush pickup and disposal service exceed the amount of the deposit paid by the non-subscribing residential water customer, the city will bill the residential water customer for the amount due beyond the amount paid in deposit.

(D) The city may bill this additional amount on the residential water customer’s water bill or may
submit a bill to the residential water customer separately. In any event, the residential water customer shall pay any additional amount due within 20 days of receiving a bill from the city.
(Ord. 28-03, passed 12-8-2003)

§ 53.39 ANNUAL SUBSCRIPTIONS.
A residential water customer who does not subscribe to brush pickup and disposal service during the
month of January of a given year, must wait until the month of January of the following year to subscribe
to brush pickup and disposal service as described in this subchapter.
(Ord. 28-03, passed 12-8-2003)

§ 53.40 PLACEMENT AND CONDITION OF BRUSH.
(A) Any residential water customer of the city who has requested brush pickup and disposal service
(whether or not a subscriber) must place the brush to be picked up on the customer’s property adjacent to a city street to facilitate orderly pickup and disposal by the city.

(B) Chopping, cutting, or trimming brush at or on the property of a person who does not subscribe
to monthly brush pickup and disposal service and thereafter hauling or transferring the brush to the
property of a person who does subscribe to brush pickup and disposal service as described above is
prohibited. It is also prohibited for a subscriber to chop, cut or trim brush at or on a tract of property other than the residence where the subscriber receives water service and thereafter hauling or transferring the brush to the subscriber’s residence for pickup and disposal by the city. The actions are hereby declared to be illegal by the City Council of the city. Furthermore, any transferring of brush to the property of a subscriber shall be considered to be illegal dumping of brush on the part of both the person cutting the brush and the property owner upon whose property the brush is deposited for purpose of pickup and disposal and shall be a violation of § 92.01.
(Ord. 28-03, passed 12-8-2003) Penalty, see § 10.99