ORDINANCE NO. 080935

 

Amending Chapter 62, Code of Ordinances, by repealing Sections 62-1 through 62-12 and Sections 62-41 through 62-55, and enacting new sections in lieu thereof for the purpose of updating the solid waste code to reflect current refuse collection and management practices; eliminating all payments in lieu of City-provided services to mobile home developments, travel trailer camps, buildings containing seven or more dwelling units, and neighborhood associations; and eliminating the board of refuse appeals.

 

WHEREAS, the City of Kansas City, Missouri has witnessed marked changes in solid waste management practices in the approximately forty years since its current solid waste code was enacted; and

 

WHEREAS, solid waste was historically managed, both by the City and nationwide, without the current level of regard for limiting its generation or its placement into landfills; and

 

WHEREAS, environmental concerns and the rapidly decreasing availability of landfill space has brought local and national attention to the pressing need to limit the flow of solid waste and the significant benefits to be realized by recycling; and

 

WHEREAS, the City has witnessed rapidly increasing costs in managing its solid waste due, in large part, to the increasingly limited availability of landfill space, including the closure or scheduled closure of landfills utilized by the City; and

 

WHEREAS, the City is committed to ensuring that its solid waste is managed in an environmentally and fiscally conscious manner; and

 

WHEREAS, the City has recently taken significant steps towards modifying its solid waste program in an environmentally-conscious manner by taking such actions as implementing the curbside collection of recyclable materials and funding the operation of various sites throughout the City where residents can bring their recyclable materials; and

 

WHEREAS, the City is committed to collecting and managing solid waste in a manner that meets the objectives of limiting its flow into landfills and its diversion and re-use to the fullest extent possible; and

 

WHEREAS, the Citys objectives are demonstrated in its limiting the refuse that will be collected from residences within the City, providing for the separate curbside collection of recyclable materials, leaves and brush and bulky items, and operating multiple recycling and leaves and brush drop-off facilities; and

 

WHEREAS, the City operates a residential curbside collection program that does not include collection from dumpsters; and

WHEREAS, City-provided collection from mobile home developments, travel trailer camps, and buildings containing seven or more dwelling units is incompatible with the Citys solid waste program to the extent the Council finds that they predominantly elect to utilize dumpsters for the collection and disposal of all refuse, thereby making it impossible to enforce the weekly two-bag limitation per dwelling unit, or divert any recyclable materials, yard wastes or bulky items from the Citys limited available landfill space; and

 

WHEREAS, curbside collection from mobile home developments, travel trailer camps and buildings containing seven or more dwelling units, even assuming the same did not utilize dumpsters, would also deprive the City of its ability to implement its declared policy objectives or enforce its weekly limitation per dwelling unit in that the City, even were it to physically count refuse bags from the large number of dwelling units collectively placed at the curbside , would be unable to effectively determine the source of those bags or identify the violators for purposes of enforcing its ordinances; and

 

WHEREAS, the Council believes that funding the collection and disposal of refuse under circumstances in which the City would be deprived of the opportunity to ensure that the refuse is being discarded lawfully, and would further be required to disregard the objectives of its program and the declared policy of this City, is not objectively reasonable; and

 

WHEREAS, the Council finds that it is necessary and proper to restrict City-provided services to those areas in which curbside collection is practical, economical, and in which it can be done in a manner that is environmentally conscious, enforceable and consistent with the Citys declared policy as set forth herein; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Chapter 62, Code of Ordinances, is hereby amended by repealing Section 62-1, Title and intent of articles I and II; Section 62-2, Definitions; Section 62-3, Duty to provide for storage, collection and disposal of refuse; Section 62-4, Standards for storage of refuse; Section 62-5, Permit for collection and disposal of refuse; Section 62-6, Frequency of collection; Section 62-7, Location and identification of refuse containers; Section 62-8, Refuse collection vehicles; Section 62-9, Authorized locations for disposal of refuse; Section 62-10, Hearings and appeals; board of refuse appeals; Section 62-11, Hauling and dumping of construction debris or earth and rock; and Section 62-12, Erosion control; and enacting in lieu thereof new Sections 62-1 through 62-12, to read as follows:

Sec. 62-1.  Policy declaration.

 

(a) Articles I and II of this chapter are intended to regulate the storage, disposal and collection of refuse as defined in this chapter. The City Council hereby declares it to be the policy of the City of Kansas City, Missouri that all refuse generated within the Citys corporate limits be lawfully stored, disposed and collected in such a manner as to protect the public health and safety, minimize the flow of refuse into landfills, and maximize the diversion and recovery of reusable, recyclable materials from the refuse stream.

 

Sec. 62-2.  Definitions.

 

(a)    The following words, terms and phrases, when used in articles I and II of this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates that a different meaning is intended:

 

(1)               Bulky items - items to be discarded, common to a household, which weigh more than 40 pounds or have a combined dimension of length, plus width, plus height that exceeds one-hundred (100) inches.

 

(2)               City - the City of Kansas City, Missouri. 

 

(3)               Collection - removal and transportation of refuse from its place of storage to its place of processing or permanent disposal. 

 

(4)               Director - the director of public works, or his authorized representative. 

 

(5)               Disposal - placing refuse in its final repository. 

 

(6)               Dwelling unit - any room or group of rooms located within a dwelling, and forming a single habitable unit, with facilities which are used, or are intended to be used, for living, sleeping, cooking and eating. 

 

(7)               Eligible dwelling unit - any dwelling unit to which City-provided refuse collection services are extended as provided in section 62-41(a).

(8)               Garbage - putrescible animal or vegetable wastes resulting from the handling, preparation, cooking, serving or consumption of food. 

 

(9) Leaves and brush - organic, compostable materials, excluding grass clippings, generated from residential property within the City.

 

(10) Occupant  - any person who, alone or jointly or severally with others, shall be in actual possession of any dwelling unit or of any other improved real property, either as owner, or as a tenant, either with or without the consent of the owner thereof. 

 

(11) Owner - any person who, alone or jointly or severally with others, shall be in actual possession of, or have charge, care or control of, any dwelling unit or of any other improved real property, as title holder, as employee or agent of the title holder, or as trustee or guardian of the estate or person of the title holder. 

 

(12) Recyclable materials - refuse materials that have been diverted from the refuse stream and conventional disposal and that are of such a nature that they may be reprocessed or remanufactured for secondary use.

 

(13) Recycling container - a non-disposable receptacle (KC Recycles bin) provided or made available for purchase by the City for the purpose of storing recyclable materials during the interval between collections and placing the same curbside for City-provided collection, if applicable.

 

(14) Refuse - unwanted or discarded waste materials in a solid or semi liquid state, consisting of garbage, rubbish, or a combination thereof.

 

(15) Refuse Container - a non-disposable leak proof receptacle used to store refuse during the interval between collections. 

 

(16) Rubbish - nonputrescible waste materials, both combustible and noncombustible.

 

(17) Storage - keeping, maintaining or storing refuse from the time of its production until the time of its collection. 

 

Sec. 62-3.  Duty to provide for storage, collection and disposal of refuse.

 

All persons owning or occupying any dwelling unit producing refuse, and all persons owning, operating, or managing any restaurant, hotel, club, hospital, school, or any other commercial, industrial or institutional establishment producing refuse shall provide sufficient and adequate refuse containers for the storage of such refuse prior to its collection and shall make adequate provision for the collection and disposal of all refuse produced upon any such premises, all in accordance with the provisions of this chapter and the rules and regulations adopted hereunder. City-provided collection and disposal of refuse shall be provided solely to eligible dwelling units pursuant to the terms, conditions and exceptions as set forth in article II of this chapter and the rules and regulations adopted there under.

 

Sec. 62-4.  Standards for storage of refuse prior to collection.

 

Every person required by section 62-3 to make provision for the storage of refuse prior to its collection, shall store such refuse, shall ensure that the refuse container meets the requirements of this subsection, and shall repair or replace a refuse container, as follows:

 

(1) Refuse shall be stored in refuse containers, which shall be securely covered at all times, while not in actual use, with tight fitting covers.

 

(2) Refuse shall be stored in refuse containers so constructed and maintained as to prevent the dispersal of refuse placed therein upon the premises served, upon adjacent premises, or upon adjacent public rights-of-way.

 

(3) Refuse containers shall be continuously maintained in a clean, neat and sanitary condition, free of structural defects.

 

(4) Refuse containers shall be repaired or replaced from time to time when any such container shall no longer meet the requirements of this article or the rules and regulations adopted hereunder.

 

(5)                The adequacy and sufficiency of refuse containers shall be determined with reference to their physical properties, as being capable of containing and storing refuse in a safe and sanitary manner related to their particular use, the quality and quantity of the refuse to be stored therein, the frequency of their collection and use, and the type and extent of handling required to store refuse therein and to dispose of the refuse stored therein.

 

(6)                Notwithstanding anything herein to the contrary, the storage of refuse in any refuse container issued or made available to any dwelling unit by the City, whether for recycling purposes or otherwise, shall be deemed to meet the standards required by this section provided such refuse container is used in its intended manner and is maintained in a clean, neat and sanitary condition, free of structural defects.

 

(7)                Notwithstanding anything herein to the contrary, the requirement to store refuse in a refuse container prior to collection shall not apply to bulky items not readily capable of being stored in such a manner.

 

Sec. 62-5. Permit for collection and disposal of refuse.

 

(a)  Required.  No person shall engage in the business of collecting or processing refuse without first obtaining a permit therefore from the director; provided, however, that this subsection shall not be deemed to apply to employees of the holder of any such permit, or to prohibit any person from collection or processing his own refuse. 

 

(b)  Liability insurance.  No such permit shall be issued until and unless the applicant therefore, in addition to all other requirements set forth in this chapter, shall file and maintain with the director evidence of a satisfactory public liability insurance policy, covering all operations of such applicant pertaining to such business and all vehicles to be operated in the conduct thereof, in the amount of not less than $50,000.00 for each person injured or killed, and in the amount of not less than $100,000.00 in the event of injury or death of two or more persons in any single accident, and in the amount of not less than $5,000.00 for damage to property. Such policy may be written to allow the first $100.00 of liability for damage to property to be deductible. Should any such policy be cancelled, the director shall be notified of such cancellation by the insurance carrier in writing not less than ten days prior to the effective date of such cancellation, and provisions to that effect shall be incorporated in such policy, which shall also place upon the company writing such policy the duty to give such notice. 

 

(c) Application.  Each applicant for any such permit shall identify the nature of the permit desired, whether to collect, process, transport, or a combination thereof; the nature of refuse to be collected, processed, transported, or a combination thereof; the source of the refuse, whether residential, commercial, or both; the number of refuse hauling vehicles to be operated there under; and the precise location of the refuse processing establishment to be used, if any. Each applicant for a permit to collect refuse shall state the intervals at which the applicant proposes to provide collection, and no such permit shall be issued for the regular collection of refuse at intervals greater than once each week. 

 

(d) Duration; fee; suspension or revocation.  The permit required by subsection (a) of this section shall be issued for the period of one calendar year, and each applicant shall pay therefore a fee of $20.00 for each refuse hauling vehicle to be used in such business and for each refuse processing establishment to be operated in such business. Such permit may be suspended or revoked, upon notice and hearing before the director, for violation of any of the provisions of this article. Any permit which shall be issued after June 30 of any calendar year shall be issued upon payment of one-half of the permit fee provided in this subsection, and shall be issued for the remainder of the calendar year of issue. 

 

Sec. 62-6.  Location and identification of refuse containers.

 

(a)    Refuse containers shall be located during the interval between collections only upon the rear yard or a side yard of the premises upon which the refuse is generated, except as otherwise provided in this section. Refuse containers shall not be located during the interval between collections in the side yard on the street side of a corner lot.

 

(b)   Refuse containers utilized by any building containing seven or more dwelling units, restaurant, hotel, club, hospital, school, or any other commercial, industrial or institutional establishment may be located during the interval between collections upon any portion of the premises upon which the refuse is generated, except that portion of the premises within eight feet of the front street line. If the premises are adjacent to residential premises, the refuse containers must also be located behind a line running parallel to the street line at a depth equal to the minimum front yard of the adjoining residential premises, as required by the zoning ordinance.

 

(c)    No refuse container shall be located during the interval between collections in any area not complying with subsections (a) and (b) of this section unless the owner or occupant of the premises has first obtained approval from the director. The director may approve the storage of refuse containers elsewhere on the premises only upon finding that locating the refuse container in compliance with subsections (a) and (b) of this section would prevent storage and collection or would impose an undue hardship upon the owner or occupant of the premises due to the person's advanced age or physical limitations. Any such permitted location shall be screened from any adjoining residential property or residential property lying across a street by a solid wall or a tight fence sufficient in height to screen the refuse container from view. Such screening shall not be subject to the building code or the zoning ordinance. The director may also approve the temporary storage of a refuse container in any area not complying with subsections (a) and (b) of this section upon a finding that the refuse container must be located in that area to provide refuse storage during construction or to provide refuse storage needed to protect public health or safety.

 

(d)   Refuse containers shall be located during the interval between collections upon private property, unless use of public property shall have been specially granted for such purposes, at points which shall be well drained and fully accessible to collection equipment and to public health inspection and fire inspection personnel.

 

(e)    All refuse containers having a volume of seven cubic feet (52.4 gallons) or more shall have the name and telephone number of the owner of the container printed on the front and back of each container. The lettering shall be distinct and each character shall be not less than one inch in height.

 

Sec. 62-7.  Frequency of collection.

 

(a) Refuse generated at any dwelling unit shall be collected at intervals not greater than once each week, provided however that this requirement shall not extend to the collection of recyclable materials, leaves and brush, or bulky items, which may be collected at such intervals as otherwise provided for by this chapter or the rules and regulations adopted hereunder. Refuse generated at any restaurant, hotel, club, hospital, school, or any other commercial, industrial or institutional establishment producing refuse shall be collected at intervals not greater than once each week, and shall be collected at such lesser intervals as may be fixed by the director of health upon a determination that such lesser intervals are necessary for the preservation of the public health, or at such lesser intervals as may be fixed by the director of fire upon a determination that such lesser intervals are necessary for the preservation of the public safety with respect to any particular establishment producing inflammable refuse.

 

Sec. 62-8.  Collection vehicles.

 

(a) All vehicles to be used in the collection of refuse shall be kept and maintained in a clean and sanitary condition, and shall be constructed, maintained and operated as to prevent spillage of the type of refuse to be collected therein. With the exception of vehicles exclusively used to collect recyclable materials, leaves and brush, or bulky items, all vehicles used in the collection of refuse shall be constructed with watertight bodies and with covers of metallic or other rigid, impervious material, or, in the alternative, the entire bodies thereof shall be enclosed, with only loading hoppers exposed.

 

Sec. 62-9.  Authorized locations for permanent disposal of collected refuse.

 

(a) All refuse collected under the provisions of articles I and II of this chapter shall be disposed of only at sanitary landfills operated by the city, or privately operated under city permit, or at other lawful disposal installations, within or without the corporate limits of the city, which the appropriate authorities shall have approved for such purposes. Nothing herein shall prohibit the delivery of recyclable materials or leaves and brush to any facility established and lawfully operating for the purpose of processing such materials.

 

Sec. 62-10 Hauling and dumping of construction debris or earth and rock.

 

(a) Nothing contained in sections 62-1 through 62-9 inclusive, shall be deemed to be applicable to the removal, hauling or dumping of earth and rock material from grading or excavation activities, or the removal, hauling or dumping of debris produced by the construction, repair or demolition of improvements on real property; provided, however, that any such material shall be conveyed in tight vehicles, trucks or receptacles, so that none of such material so conveyed shall spill upon the public rights-of-way.

 

Sec. 62-11 Erosion control.

 

(a) No person shall remove or destroy the natural vegetation on the surface of more than 300 contiguous square feet of land, unless it is done in such manner or provisions are made so that, in the event of precipitation and natural drainage, soil from the land does not wash, either directly or indirectly, upon private property of another without that owner's consent or upon a sidewalk, street, alley, boulevard, parkway, park, drainage easement or other public property in such a way that it causes or contributes to a buildup or accumulation of soil, mud or similar materials. Each day on which any violation of this section continues shall constitute a separate violation.

 

(b)  No owner, occupant or managing agent of any land shall cause or permit the natural vegetation on more than 300 square feet of the surface of such land to be removed or destroyed, unless it is done in such manner or provisions are made so that, in the event of precipitation and natural drainage, soil from the land does not wash, either directly or indirectly, upon private property of another without that owner's consent or upon a sidewalk, street, alley, boulevard, parkway, park, drainage easement or other public property in such a way that it causes or contributes to a buildup or accumulation of dirt, mud or similar materials. Each day on which any violation of this section continues shall constitute a separate violation.

 

Sec. 62-12 Authority to prescribe rules and regulations.

 

(a)    The director is authorized to adopt rules and regulations to implement and carry out the provisions of this article.

 

(b)   A copy of any rules and regulations adopted by the director shall be maintained on file in the office of the director.

 

Section 2. That Chapter 62, Code of Ordinances, is hereby amended by repealing Section 62-41, Scope of service; Section 62-42, Payments in lieu of services-Authorized; conditions; Section 62-43, Same-Amount; Section 62-44, Same-Certification of service; payment to owner; Section 62-45, Granting and termination of exemptions; Section 62-46, Failure to comply with requirements for preparation, storage and placement of refuse; Section 62-47, Materials collected by city; right of entry of refuse collectors; Section 62-48, Authority to prescribe additional rules and regulations; Section 62-49, Prohibited practices; Section 62-50, Duties of owners; Section 62-51, Duties of occupants; Section 62-52, Contracts with homes associations; Section 62-53, Penalty for violation of articles I and II; Section 62-54, Residential curbside recycling; and Section 62-55, Collection of residential refuse, leaves and brush waste, bulky waste items, applicants containing refrigerant, and establishing fees therefore; curbside collection of recyclable materials; and enacting in lieu thereof new Sections 62-41 through 62-50, to read as follows:

 

Sec. 62-41. Scope of services.

 

(a) City-provided refuse collection services, whether by employees of the City or employees of a refuse collection service operating under contract with the city, shall include the curbside collection of refuse, including recyclable materials, leaves and brush, and bulky items, from eligible dwelling units within the City. Notwithstanding the foregoing, the City-provided refuse collection services set forth herein shall not extend to the following:

 

(1)               Mobile home developments, travel trailer camps, and buildings containing seven or more dwelling units.

 

(2)               Single-family dwelling units whose land plats comprise three or more acres, dwelling units located in areas zoned for agriculture, and dwelling units where driving on private streets or drives is required to accomplish collection without an unreasonable amount of walking by collectors or which the director finds unsuitable for refuse collection equipment, except as specifically provided for herein. Any City-provided refuse collection services rendered to dwelling units located on private streets or drives which the director finds unsuitable for refuse collection equipment may be provided by collection therefrom on the nearest street or alley from which the director shall find collection by refuse collection equipment to be feasible, unless the city shall have been furnished with an appropriate bond or other security, in a reasonable amount, conditioned to save the city harmless from any claims for damages resulting from city use of such private streets or drives for such purpose, approved by the city attorney as to form and legality, and by the director of finance as to the reasonableness of the amount thereof.

 

(b) The provisions of subsections (a)(1) and (a)(2) of this section notwithstanding, the director may provide for such collection and disposal services from any premises described therein, whenever, in his judgment, city collection has become necessary for the preservation of the public health or safety.

 

(c) Nothing contained in this section shall prevent any person receiving City-provided refuse collection services from supplementing such service, at his or her own expense, with additional or extra service on an occasional or on a regular basis so long as such service meets the requirements of article I of this chapter. Notwithstanding the foregoing, no person contracting for the private collection of any refuse, including, but not limited to, any recyclable materials, leaves and brush or bulky items shall place such item within ten feet of a public street unless the item is clearly marked with the name and address of the intended private collector.

 

(d)   Nothing herein shall prohibit the director from providing refuse collection services to any City-owned or City-operated municipal facility as directed by the City Council.

 

(e)    Every person not receiving City-provided refuse collection services shall provide for the collection and disposal of refuse in accordance with the provisions of article I of this chapter and the rules and regulations adopted thereunder.

 

Sec. 62-42.  General refuse collection; right of entry of refuse collectors.

 

(a)    Curbside collection of refuse, excluding recyclable materials separated by the owner or occupant for recyclable materials collection, leaves and brush, and bulky items, shall be provided by City to each eligible dwelling unit once per week on a schedule to be established by the director. Collection shall be provided as follows:

 

(1)               Each eligible dwelling unit shall be entitled to receive weekly collection of two (2) disposable refuse bags, except as provided for herein, weighing no more than forty (40) pounds apiece. The bags shall be placed loose at the curbside; bags placed in a non-disposable refuse container shall not be collected. An eligible dwelling unit may place additional disposable refuse bags curbside for collection provided that an excess refuse tag is affixed to each additional bag. Excess refuse tags shall be made available for a fee of $1.00 per tag. The director may provide for such tags to be distributed by not-for-profit organizations and commercial establishments convenient to city residents and may allow such organizations and establishments a reasonable handling and distribution fee as established by ordinance. Refuse in excess of two disposable refuse bags and not bearing an excess refuse tag shall not be collected.

 

(2)               Notwithstanding subsection (a)(1) of this section, the director is authorized to implement a pilot program within portions of the City specified by him, which pilot program shall include the issuance of wheeled refuse carts to eligible dwelling units. Any eligible dwelling unit issued a wheeled refuse cart by the City shall utilize that cart in lieu of placing loose bags curbside, except as provided for herein. Refuse shall be placed in the cart in such a manner as to permit the lid to close securely. In the event that an eligible dwelling unit has need to dispose of more refuse than can be placed in the cart, with the lid closed securely, disposable refuse bags shall be utilized and placed curbside immediately adjacent to the cart, and an excess refuse tag shall be affixed to each such bag. Excess refuse tags shall be available for purchase as provided by this section. Disposable refuse bags not bearing an excess refuse tag shall not be collected.

 

(b)   The director, after notifying the city manager, may waive any limitation on refuse to be collected without fee or charge for limited time periods as appropriate to accommodate special needs or the accumulation of exceptional volumes of refuse.

 

(c)    The director shall establish rules and regulations governing the types of refuse that may be placed curbside for collection, manner in which such materials are to be bundled or packaged before being placed curbside, and manner in which such materials are to be placed curbside.

 

(d)   Refuse collectors, whether employees of the city or employees of a refuse collection service operating under contract with the city, shall not collect any refuse not approved for collection or otherwise failing to meet, in any regard, the requirements of this chapter and the rules and regulations adopted hereunder.

 

(e)    Refuse collectors, whether employees of the city or employees of a refuse collection service operating under contract with the city, are hereby authorized to enter upon private property for the purpose of collecting refuse therefrom; provided, however, that nothing contained in this section shall be deemed to authorize any such refuse collector to enter in or upon any building or outbuilding on any private property for such purpose, or to enter in or upon any private property for any other purpose.

 

(f)     No refuse shall be placed curbside earlier than 3:00 p.m. the day before the scheduled day of collection or later than 7:00 a.m. the day of collection.

 

(g)    All refuse shall, upon being loaded into collection equipment, become the property of the City.

 

Sec. 62-43. Recyclable materials collection; right of entry of refuse collectors; drop-off sites authorized.

 

(a)    Collection of recyclable materials shall be provided by City to each eligible dwelling unit once per week on a schedule to be established by the director, provided the recyclable materials originated from the eligible dwelling unit placing the same curbside. Collection shall be provided as follows:

 

(1)               Each eligible dwelling unit shall place recyclable materials curbside in a non-disposable receptacle (KC Recycles bin) provided or made available for purchase by the City. Any eligible dwelling unit having more recyclable materials than will securely fit within the recycling container may place excess recyclable materials in such other containers as may be approved by the director, and shall place the same curbside and immediately adjacent to the City-approved recycling container. Recyclable materials shall not be collected from any eligible dwelling unit not displaying a City-approved recycling container at the curbside.

 

(b)   The director shall establish rules and regulations governing the storage of recyclable materials prior to collection, types of recyclable materials that may be placed curbside for collection, manner in which such recyclable materials are to be bundled or packaged before being placed curbside, manner in which such recyclable materials are to be placed curbside, and weight or quantity restrictions.

 

(c)    Refuse collectors, whether employees of the city or employees of a refuse collection service operating under contract with the city, shall not collect any recyclable materials not approved for collection or otherwise failing to meet, in any regard, the requirements of this chapter and the rules and regulations adopted hereunder.

 

(d)   Refuse collectors, whether employees of the city or employees of a refuse collection service operating under contract with the city, are hereby authorized to enter upon private property for the purpose of collecting recyclable materials therefrom; provided, however, that nothing contained in this section shall be deemed to authorize any such refuse collector to enter in or upon any building or outbuilding on any private property for such purpose, or to enter in or upon any private property for any other purpose.

 

(e)    No recyclable materials shall be placed curbside earlier than 3:00 p.m. the day before the scheduled day of collection or later than 7:00 a.m. the day of collection.

 

(f)     All recyclable materials shall, upon being loaded into collection equipment, become the property of the City.

 

(g)    The director may provide one or more areas or sites where residents of the city may dispose of recyclable materials without charge, and shall prescribe the items that may be accepted at such areas or sites and the hours of operation.

 

Sec. 62-44. Leaves and brush collection; right of entry of refuse collectors; drop-off sites authorized.

 

(a) Periodic curbside collection of leaves and brush shall be provided by City to each eligible dwelling units with such frequency as determined by the director from time to time, provided the leaves and brush originated from the eligible dwelling unit placing the same curbside. The director shall annually determine the number of curbside collections to be made during the year and, if curbside collection is to be made, establish collection date(s) for eligible dwelling units.

 

(b) The director shall establish rules and regulations governing the storage of organic materials prior to collection, types of organic materials that may be placed curbside for collection, manner in which such materials are to be bundled or packaged before being placed curbside, manner in which such materials are to be placed curbside, and weight or quantity restrictions.

 

(c) Refuse collectors, whether employees of the city or employees of a refuse collection services operating under contract with the city, shall not collect any materials not approved for collection or otherwise failing to meet, in any regard, the requirements of this chapter and the rules and regulations adopted hereunder.

 

(d) Refuse collectors, whether employees of the city or employees of a refuse collection service operating under contract with the city, are hereby authorized to enter upon private property for the purpose of collecting leaves and brush therefrom; provided, however, that nothing contained in this section shall be deemed to authorize any such refuse collector to enter in or upon any building or outbuilding on any private property for such purpose, or to enter in or upon any private property for any other purpose.

 

(e) No leaves and brush shall be placed curbside earlier than 3:00 p.m. the day before the scheduled day of collection or later than 7:00 a.m. the day of collection.

 

(f) All leaves and brush shall, upon being loaded into collection equipment, become the property of the City.

 

(g) The director may provide one or more areas or sites where residents of the city may dispose of leaves and brush generated on residential property within the city and shall establish the hours of operation and a schedule of fees, appropriate for the size and type of vehicle or load. The schedule of fees established by the director pursuant to this section shall be maintained and made available to the public in the office of the director. Disposal fees at such areas or sites shall be paid in a manner approved by the director.

 

Sec. 62-45. Bulky items collection; right of entry of refuse collectors.

 

(a)    Periodic curbside collection of bulky items shall be provided by City to each eligible dwelling unit, provided the bulky item originated from the eligible dwelling unit placing the same curbside. Collection of bulky items shall be by appointment only. The director shall establish a system for scheduling appointments and establish a reasonable number of collections that each eligible dwelling unit is entitled to receive per calendar year, provided however that each eligible dwelling unit shall be entitled to no less than two (2) appointments per calendar year.

 

(b)   The director shall establish rules and regulations governing the types of bulky items that may be placed curbside for collection, the manner in which such materials are to be placed curbside for collection, and weight or quantity restrictions.

 

(c)    Refuse collectors, whether employees of the city or employees of a refuse collection services operating under contract with the city, shall not collect any bulky item not approved for collection or otherwise failing to meet, in any regard, the requirements of this chapter and the rules and regulations adopted hereunder.

 

(d)   Refuse collectors, whether employees of the city or employees of a refuse collection service operating under contract with the city, are hereby authorized to enter upon private property for the purpose of collecting bulky items therefrom; provided, however, that nothing contained in this section shall be deemed to authorize any such refuse collector to enter in or upon any building or outbuilding on any private property for such purpose, or to enter in or upon any private property for any other purpose.

 

(e)    No bulky item shall be placed curbside earlier than 3:00 p.m. the day before the scheduled appointment or later than 7:00 a.m. the day of the scheduled appointment.

 

(f)     All bulky items shall, upon being loaded into collection equipment, become the property of the City.

 

Sec. 62-46.  Failure to comply with requirements for preparation, storage and placement of refuse.

 

Nothing contained in this article shall be deemed to require that the director collect or dispose of any refuse, including, but not limited to, recyclable materials, leaves and brush and bulky items, not prepared, stored and placed for collection in substantial compliance with the provisions of articles I and II of this chapter, and with the lawful rules and regulation adopted pursuant to this chapter. The failure of the director to collect refuse not so prepared, stored and placed for collection shall in no way be deemed to affect the powers of the director of health pursuant to other provisions of this Code relating to the abatement of nuisances dangerous to the public health, or to nuisances in dwellings affecting the public health.

 

Sec. 62-47.  Prohibited practices.

 

(a)    It shall be unlawful for any person to:

 

(1) Deposit refuse, recyclable materials, leaves and brush, and bulky items in any refuse container belonging to another person, or upon the premises of another person without the consent of the owner or occupant thereof. For purposes of this subsection, premises shall mean any public or private parcel of real property, including any portion of a street, sidewalk, alley, boulevard, highway, right-of-way, park, parkway, public square or viaduct adjacent to the parcel;

 

(2) Remove refuse, recyclable materials, leaves and brush, and bulky items from the premises of another person without the consent of the owner or occupant thereof, unless the person removing such materials is a law enforcement officer performing law enforcement duties. For purposes of this subsection, premises shall mean any public or private parcel of real property, including any portion of a street, sidewalk, alley, boulevard, highway, right-of-way, park, parkway, public square or viaduct adjacent to the parcel;

 

(3) Interfere in any manner with refuse collection equipment or with refuse collectors in the lawful performance of their duties as such, whether such equipment or collectors shall be those of the city or those of a refuse collection contractor operating under a contract with the city;

 

(4) Place any item at the curbside for collection that does not meet the requirements of articles I and II of this chapter or is otherwise ineligible for City-provided refuse collection services;

 

(5) Violate any of the provisions set out in articles I and II of this chapter, or the rules and regulations adopted thereunder;

 

(6) Operate or permit the operating of a refuse compacting mechanism of any motor vehicle or collect refuse with a refuse collection vehicle in violation of section 46-164.

 

Sec. 62-48.  Miscellaneous provisions.

 

(a) The director may issue, without fee or charge, or at a reduced fee or charge, refuse containers, recycling containers and excess refuse tags for use by indigent residents of the city.

 

(b) The director may provide refuse containers, recycling containers and related equipment and services to appropriately authorized persons or organizations for use during special collection or cleanup events, and for use at such events as authorized or directed by ordinance. The director shall establish a reasonable schedule of fees which shall not exceed the cost of providing such equipment or services to any person or entity requesting the same.

 

Sec. 62-49.  Authority to prescribe rules and regulations.

 

(a)    The director is authorized to establish rules and regulations to implement and carry out the provisions of this article.

 

(b)   A copy of any rules and regulations established by the director shall be maintained on file in the office of the director.

Sec. 62-50.  Penalty for violation of articles I and II.

 

Any person violating any of the provisions of articles I or II of this chapter, or any rule or regulation promulgated pursuant thereto, upon conviction, shall be punished by a fine of not less than $50.00 and not more than $500.00, or by imprisonment in the municipal correctional institution for a period not to exceed six months, or be punished by both fine and imprisonment; provided that each day's violation thereof shall be a separate offense for the purposes of this section.

 

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Approved as to form and legality:

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Brian T. Rabineau

Assistant City Attorney