The following terms used in this article shall have the meanings ascribed to them in this section.

Commercial Waste. All solid waste emanating from establishments engaged in business including, but not limited to stores, markets, office buildings, restaurants, shopping centers, theaters, hospitals, governments and nursing homes.

Dwelling Unit.  Any enclosure, building or portion thereof occupied by one or more persons for and as living quarters.

Garbage. Putrescible waste resulting from the handling, preparation, sale, cooking and serving of meat, produce and other foods and shall include unclean containers.

Refuse. All garbage and/or rubbish or trash. Residential. Any single dwelling unit.

Rubbish or Trash. All nonputrescible materials such as paper, tin  cans, bottles, glass, crockery, rags, ashes, lawn and tree trimmings, tree branches, tree limbs, tree trunks and stumps, boxes and barrels, wood and  excelsior, street sweepings and mineral refuse. Rubbish and trash shall not include earth and waste from building operations or wastes from industrial processes or manufacturing operations.

Solid Waste. All non-liquid garbage, rubbish or trash.

(Ord. 904; Sec. 1)

The owner or occupant of every dwelling unit or commercial enterprise shall provide at his or her own expense a suitable container for the storage of solid waste as provided in this article. No owner or occupant shall permit to accumulate quantities of refuse or other waste material within, or close to, any structure within the city unless the same is stored in approved containers and in such a manner as not to create a health or fire hazard.

(Ord. 904, Sec 2)

Residential containers shall not have a capacity of not more than 55 gallons. They shall be of non-rusting material of substantial construction. Each container shall be non-absorbent, have a tight fitting lid and shall be leak-proof, fly-tight and rodent proof. All containers shall have handles or bails of suitable construction to permit lifting. All garbage shall be drained of all liquids before being placed in bags or containers.

(Ord. 904, Sec. 3)

Containers for commercial waste shall be of such size and construction as shall be determined by the governing body.

(Ord. 904, Sec. 4)

(a)   Trees, less than four inches in diameter branches and shrubbery trimmings shall be securely tied in bundles which shall not exceed 18 inches in diameter nor 48 inches in length and shall not, regardless of size, exceed 50 pounds in weight.

(b)   Books, magazines and newspapers may be securely tied in bundles or placed in disposable containers in lieu of placing in an approved container. Such bundle or container and contents shall not exceed a weight of 50 pounds.

(c)   Empty cardboard boxes shall be flattened. No trash other than books, papers, magazines or lawn clippings, shall be placed in cardboard containers.

(Ord. 904, Sec. 5)

Solid waste in residential areas shall be removed from the premises not less than once weekly. All commercial solid waste shall be removed at intervals as may be fixed by the governing body, but at least weekly.

(Ord. 904, Sec. 6)

All vehicles used for the commercial collection and transportation of solid waste shall be constructed with water tight bodies and shall be fully enclosed or capable of being securely covered. All such vehicles shall be maintained in a safe, clean, sanitary condition and shall be operated in such a manner as to prevent spillage therefrom.

(Ord. 904, Sec. 7)

It shall be unlawful for any persons, firm or corporation to:

(a)   Deposit solid waste in any container other than that owned or leased by him or under his control without written consent of the owner.

(b)   Set on fire, within the city, any rubbish, trash, leaves, grass, paper, lumber or any other combustible materials at any time, other than in an approved type of gas fired incinerator constructed in accordance with applicable building codes and which is constructed within or attached to the principal building, and fired from within or outside the principal building. A permit shall be obtained annually from the fire chief, or his or her authorized representative, for the use of the incinerator and such permit shall be posted in a conspicuous place adjacent to the incinerator. Provided, that these restrictions shall not apply to the residential fireplace or to charcoal burners or broilers used in the preparation of food. Provided further, that the city council may authorize open burning of leaves and/or grass, by resolution.

(c)   Dispose of solid waste within the corporate limits of the city or upon any city property except at sites approved therefor by the governing body.

(Ord. 904, Sec. 8; Code 1991)

The governing body will formulate reasonable rules and regulations necessary to carry out the provisions of this article.

(Ord. 904, Sec. 9)

In order to assist residents of the city in the removal of solid wastes, the city may from time to time and subject to its sole discretion contract with one or more commercial haulers to provide collection service. The city, however, shall not be responsible to the contractor for the failure of any customer to pay the trash collection bill and further the city shall not be responsible to the customer for the services performed or failure of performance by the contractor. No commercial trash haulers are authorized to operate within the city limits without prior approval of the governing body.

(Ord. 904, Sec. 10)

Any person, firm or corporation knowingly violating any of the provisions of this article shall be guilty of a misdemeanor and upon conviction shall be fined not less than $25 or more than $100. Provided, that each day’s violation shall be a separate offense.

(Ord. 904, Sec. 11)