Sec. 102-1. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Approved container means any container for solid waste, such as plastic or metal garbage cans with tops, or plastic garbage bags properly tied shut, which will hold solid waste, protect it from the elements, and keep it contained for hand dumping into collector trucks. Containers when full should not exceed 50 pounds in weight.
Bulky waste items include furniture, white goods (appliances such as stove, refrigerators, water heaters, washing machines, dryers), tree cuttings (must be no more than five feet in length) and construction materials limited to one cubic yard or less.
Commercial/industrial means places of commerce or industry generating solid waste streams generally and typically two cubic yards or more per week; and also multiple business units occupying premises under common ownership, such as shopping centers, when a common owner has elected to consolidate the solid waste stream thereby generating solid waste typically and generally two cubic yards or more per week.
Contractor or private solid waste contractor means that sanitation company to which the city's bid was let for the residential solid waste contract, for units which generate less than two cubic yards of solid waste per week.
Extraordinary materials means hazardous wastes, body wastes, dead animals, abandoned vehicles, vehicle parts, large equipment and parts thereof.
Garbage means the same as and defined as solid waste.
Hazardous materials means wastes that are hazardous by reason of their pathological, explosive, radiological or toxic characteristics, or by virtue of their being defined as hazardous by any state or federal law or regulation.
Multiple residential unit means a structure containing five or more dwelling units.
Private collector means any person or business entity which meets city qualifications and has a contract with the city to convey or transport solid waste within the city for units which generate two cubic yards or more of solid waste per week.
Rubbish or yard trash means the same as and shall be defined as solid waste.
Solid waste means all putrescible and nonputrescible waste in solid or semisolid form including, but not limited to, garbage, rubbish, ashes or incinerator residue, or street refuse, but excluding extraordinary materials and hazardous materials, as defined herein, except large branches, trees or bulky or noncombustible materials not susceptible to normal loading and collection in loadpacker type sanitation equipment used for regular collections from domestic households (tree trimmings shall be tied in bundles not exceeding four feet in length or weighing over 50 pounds and placed at the curb for pickup).
Special materials means those bulky materials or other special wastes that are not stored in approved containers and cannot be picked up by hand.
Trash means the same as and shall be defined as solid waste.
Units means places of residences or businesses within the city which generally and typically generate less than two cubic yards of solid waste per week. With respect to residences, a single unit is a dwelling place in which a single family or group of individuals regularly live and share common bath and kitchen facilities. With respect to businesses, a single unit is a single place of business owned and operated for the benefit of the owner of the business. Combined units of businesses, such as shopping centers, if the waste stream is separated for each such unit, are considered as units hereunder, unless the common owner of all such units elects to combine such waste stream into consolidated containers, thereby generating two cubic yards or more per week, in which case, these units shall not be serviced hereunder, but shall be serviced through the common owner by a commercial/industrial contractor.
(Code 1973, § 28 1/2-1; Ord. No. 3378, § 1, 9-23-03; Ord. No. 4037, § 1, 3-27-07)
Cross reference(s)--Definitions generally, § 1-2.
Sec. 102-2. Authorized collectors.
All residents and business establishments of the city which generate less than two cubic yards of solid waste per week shall use the residential contract service that has been awarded by the city. Those who generate two cubic yards or more of solid waste per week shall contract with a licensed private collector for industrial and commercial collection who meets all city requirements. Residents shall not negotiate solid waste services other than those arranged by the city and shall not opt to assume the responsibility of disposal for themselves.
(1) Residential and business establishments which generate less than two cubic yards of solid waste per week; franchise; fee. The city grants to the private solid waste contractor the exclusive right and obligation to provide solid waste collection services for residential and business establishments within the city boundaries, present and future, which generally and typically generate less than two cubic yards of solid waste per week (such establishments being referred to as "units"). The terms of such exclusive franchise shall be in accordance with the provisions of such sanitation contract between the private solid waste contractor and the city. No other person or entity except such contractor shall be permitted to convey or transport solid waste for units generating less than two cubic yards of solid waste per week, within the city. Such contractor shall pay the city a franchise fee for the privilege of doing business in the city pursuant to such contract.
(2) Commercial/industrial contracts requirements; license fee. Private collectors may execute agreements for the collection of solid waste from any unit in the city where the generator typically and generally generates two cubic yards or more of solid waste per week. Any such private collector must meet city qualifications, execute a contract with the city, and pay the required license fee pursuant to contract prior to entering into any such agreements with commercial/industrial units for the collection of such solid waste.
(3) Multiple residential units. The owner(s) of each multiple residential unit shall be required to combine trash streams into a consolidated container or "dumpster" capable of handling the multiple residential unit's waste stream. Multiple residential units shall be serviced through the common owner with a private collector. Any such private collector must meet city qualifications, execute a contract with the city, and pay the required license fee pursuant to contract prior to entering into any such agreements with multiple residential units for the collection of such solid waste.
(Code 1973, § 28 1/2-2; Ord. No. 3378, § 2, 9-23-03)
Cross reference(s)--Businesses, ch. 26.
Sec. 102-3. Collection--Frequency.
The contractor shall furnish solid waste collection services in the city to all residential and business establishments generating less than two cubic yards of solid waste per week on a weekly basis. The contractor shall provide the city with schedules of residential collection routes and keep such information current at all times. In the event of changes in routes or schedules that will alter the day of pickup, the contractor shall notify each customer affected by mail or news media not less than one week prior to the change.
(Code 1973, § 28 1/2-3)
Sec. 102-4. Same--Conditions.
Weekly collections are to be made under the following conditions:
(1) Containers required. Each residential or business establishment shall provide approved containers as defined by this chapter.
(2) Yard and other trash. When the resident finds it necessary to dispose of yard or other trash, excluding garbage and empty containers, all such trash shall be placed in disposable containers or tied in bundles not longer than four feet in length and weighing not more than 50 pounds each and shall be placed at the street curb by the residents on the pickup date.
(3) Location. All solid waste shall be placed in approved containers at a location, prior to scheduled collection, that is readily accessible to the contractor's personnel.
a. Residential. Solid waste shall be placed at a single collection point within six feet of the curb.
b. Business. Solid waste shall be kept on the premises in approved containers and placed at a single collection point in a place near the street or alley, readily accessible to the collection vehicles.
(Code 1973, § 28 1/2-4)
Sec. 102-5. Accumulation or placement of containers so as to create public nuisance.
(a) It shall be unlawful for the owner, occupant, tenant or lessee of any dwelling or place of business to allow solid waste to accumulate on his premises, or to place or cause to be placed the containers therefor in such a manner as to cause unsanitary conditions in the city. If the owner of any dwelling or place of business, after having been given 24 hours' notice in writing by the chief of police, shall refuse or neglect to perform the duties in connection with his property as specified in this chapter, the chief of police is hereby authorized to enter upon the property and have the solid waste removed and the costs shall be charged against the premises. Any person cited shall be guilty of a violation of this chapter and punished as provided by section 1-9.
(b) It shall be a violation of this section for such owner, occupant, tenant or lessee to place, more than 24 hours before or to allow to remain more than 24 hours after the scheduled collection date, trash or garbage containers at the curbside pickup point except for a showing of just cause. The collection date and curbside collection point shall be established by the authorized agent, or his authorized representative, who shall give adequate notice thereof to each owner, occupant, tenant or lessee.
(c) The curbside collection point is established only for efficient and economical collection service, and it shall be the duty of each premises' occupant to keep the containers at all times other than as allowed by this section at a location on his premises which is suitable and consistent with the standard set forth in subsection (a) of this section.
(Code 1973, § 28 1/2-5)
Sec. 102-6. Removal of construction refuse and debris, old appliances, bulky waste, etc.
(a) The authorized private solid waste contractor shall not in any way be required or obligated to collect or remove from private property refuse or debris resulting from the repair, razing or construction of buildings, nor to collect or remove old stoves, refrigerators, etc., or wood or limbs resulting from the removal of trees, nor to render any other service unless specifically provided for in this chapter. The removal of such items is the responsibility of the owner, occupant, tenant or lessee of the property.
(b) The Springdale Public Works Department will collect up to eight cubic yards of bulky waste per household, twice per calendar year. Before placing bulky waste items at the curbside, residents should call the Springdale Public Works Department to schedule a pickup. Bulky waste pickup is not available for multiple residential units and will be the responsibility of the property owner.
(Code 1973, § 28 1/2-6; Ord. No. 4037, § 1, 3-27-07)
Sec. 102-7. Rates.
(a) The rates to be charged for sanitation services shall be as follows:
(1) For each residential and business establishment unit, the rate for collection by a private solid waste contractor shall be consistent with the private solid waste collection contract.
(2) For commercial/industrial contracts, the rates assessed by any approved private collector shall be negotiated and agreed upon by and between the customer and the private collector.
(b) A monthly bulky waste collection and disposal fee of $0.50 shall be billed on the municipal water bills of all residential units with the exception of multiple residential units. All bulky waste collection fees collected by the Springdale Water Utilities shall be transferred to the public works department and be used to provide bulky waste collection service.
(Code 1973, § 28 1/2-7; Ord. No. 4037, § 1, 3-27-07)
Sec. 102-8. Responsibility for payment of bill; delinquency.
The fact that legal title to property is in any person, business or other entity, constitutes prima facie proof that the person, business or other entity is responsible for the payment of charges provided for in this chapter. The fact that charges incurred were for services provided to a tenant, agent or other person using the title holder's property shall not be grounds for avoidance of section 102-9.
(Code 1973, § 28 1/2-8)
Sec. 102-9. Penalty.
Any person refusing or failing to pay any charge assessed pursuant to the provisions of this chapter, including both the failure to pay for private solid waste collection and the failure to pay commercial or industrial contracts, shall be guilty of a violation of this chapter and punished as provided by section 1-9.
(Code 1973, § 28 1/2-9)
Sec. 102-10. Containment of construction refuse and debris.
The general contractor of any construction site shall provide adequate trash containment facilities for the construction site. All such trash containment facilities must be able to hold a minimum of five cubic yards of refuse, and must contain no openings of greater than three inches. The trash containment facility must be in place no later than at the time of the first required inspection of the site by the Chief Building Official or his authorized representative. The trash containment facility shall be emptied on a regular basis. If the City received a complaint regarding a trash containment facility at a construction site, the Chief Building Official or his authorized representative shall notify the general contractor in writing regarding the complaint, and shall request that efforts be undertaken by the general contractor to remedy the situation. If subsequent complaints are received by the city pertaining to the same construction site, the chief building official or his authorized representative shall provide the general contractor with written notice that the general contractor has three (3) working days in which to remedy the situation. If the general contractor does not remedy the situation within that time, it shall be considered a violation of this Code, and shall be punishable pursuant to section 1-9 of this Code. In addition, the Chief Building Official or his authorized representative shall cease all inspections until the construction site complies with this section.
(Ord. No. 3379, § 1, 9-23-03)
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