Chapter 12.60
GARBAGE COLLECTION AND RECYCLING SYSTEM
Sections:
12.60.040 Residential service.
12.60.050 Residential containers.
12.60.060 Residential service to be provided.
12.60.070 Cost of residential service.
12.60.080 Source-separated recycling program.
12.60.100 Commercial service to be provided.
12.60.110 Cost of commercial service.
12.60.010 Reserved.
(Ord. 7-2022 § 3, 2022; Ord. 4-2021 § 1 (Exh. A), 2021).
12.60.020 System established.
A garbage, refuse, and recyclable material collection and disposal system for the city is hereby established, which shall be maintained and operated within the city and under the direction of the officials of the city. (Ord. 7-2022 § 3, 2022; Ord. 4-2021 § 1 (Exh. A), 2021. Formerly 12.60.030)
12.60.030 Owners or occupants of premises to provide for collection and disposal of trash, garbage, ashes, and rubble.
A. Every owner or occupant of premises within the city shall provide for the collection and disposal of trash, garbage, ashes, and rubble in accordance with the regulations of this chapter.
B. Rubble shall not be allowed to accumulate upon public or private property. The regular collection service provided for herein shall not remove rubble. The owner or occupant of any building, house, structure, or land shall have these items removed and properly deposited in an approved disposal area at his own expense within seven days.
C. Nothing herein contained shall prohibit any person from keeping building materials on the premises for a period up to 30 days before or during a period of active construction, nor shall anything herein contained be construed to prohibit any person from storing any materials used in the operation of a business which is located in a zone allowing such use to be carried on; provided, however, that such materials must at all times be stored in a neat and orderly manner so as not to constitute unsafe, unhealthful, or unsightly conditions.
D. The city shall have the authority to choose the proper pickup location and type of trash container, be it a can or dumpster.
E. Trash service shall not be discontinued unless water and electrical services are simultaneously discontinued. (Ord. 7-2022 § 3, 2022; Ord. 4-2021 § 1 (Exh. A), 2021. Formerly 12.60.020).
12.60.040 Residential service.
All owners or occupants of premises within the city, which are encompassed by the definition of residential users, are hereby required to use the garbage and trash collection and disposal system established herein, unless the public works director determines that service cannot safely or adequately be provided to such user(s). In this special case, the owner or occupants shall utilize an established commercial refuse removal business acceptable to the city of Gunnison public works director. (Ord. 7-2022 § 3, 2022; Ord. 4-2021 § 1 (Exh. A), 2021).
12.60.050 Residential containers.
A. Garbage and trash from residential users shall be deposited either in a city-supplied lidded trash container in serviceable condition, or in a city-supplied, lidded dumpster, according to the then-current rate schedule. Containers shall have a capacity of not less than 64 gallons and not greater than 98 gallons. Dumpsters shall have a capacity of two cubic yards.
B. A property containing four or more residential users shall be required to utilize a dumpster or dumpsters, unless deemed otherwise by the public works director and in the number determined by the public works director. Properties requiring use of a dumpster or dumpsters shall be required to maintain a master account holder.
C. An individual residential user who is served by trash containers may select their container size annually, which size shall not be changed other than on change of account responsibility.
D. Brush and cuttings from trees shall be cut in lengths not to exceed four feet in length and be securely bundled. Bundles shall not exceed a weight of 40 pounds.
E. All refuse containers and dumpsters shall be placed such that a clear radius of six feet is maintained around the container and in a location suitable for municipal pickup.
F. All refuse containers and dumpsters shall be placed for municipal collection at ground level on the premises of the owner of said container and accessible by the automated collection truck. Refuse containers and dumpsters shall be deemed inaccessible, as required by this subsection, unless a path through accumulated snow has been made from the street or alley to the refuse container or dumpster.
G. All refuse, before being placed in a container, shall be:
1. Drained of all free liquids; and
2. Wrapped in plastic bags, paper or other similar material to prevent contamination of the container.
H. Residential containers shall be properly placed in the right-of-way for curbside pickup no earlier than 6:00 a.m. and no later than 8:00 a.m. on the day of scheduled collection. After pickup, all residential containers must be removed from the right-of-way and secured indoors or in such a way to avoid attracting animals by 8:00 p.m. on the day of scheduled collection.
I. Bearproof containers may be used for a refuse container. These containers are available at the property user’s expense and must be approved by the public works director. Please contact the public works department for specifications. The city may have bearproof cans or bearproof dumpsters available for use at a set rate. Any locked or secured container must be unlocked by 8:00 a.m. on pickup day by the customer. Any container not unlocked by 8:00 a.m. on pickup day may be subject to an additional pickup fee. (Ord. 7-2022 § 3, 2022; Ord. 4-2021 § 1 (Exh. A), 2021).
12.60.060 Residential service to be provided.
The city’s system of garbage and trash collection and disposal for residential users shall consist of weekly pickup and disposal of all garbage and trash properly deposited into the system in accordance with the regulations adopted pursuant to this chapter. Any pickup beyond the approved container may be subject to a special pickup fee as determined by the city’s fee schedule. The director reserves the right to refuse any special pickup that is not considered reasonable or would require additional labor or equipment. (Ord. 7-2022 § 3, 2022; Ord. 4-2021 § 1 (Exh. A), 2021).
12.60.070 Cost of residential service.
A. The property owners or occupants of premises within the city encompassed within the definition of residential users shall be assessed and pay a monthly charge for the use of the system set by the city council.
B. Any overfilled container may be subject to an overfill fee set forth in the city’s fee schedule approved by city council. (Ord. 7-2022 § 3, 2022; Ord. 4-2021 § 1 (Exh. A), 2021).
12.60.080 Source-separated recycling program.
A. Each property owner or occupant of premises within the city encompassed within the definition of residential user may be provided an approved container bin or bins not to exceed a number set that matches the current parameters of the recycle program for their use in depositing recyclable materials.
B. Recyclable materials must be properly sorted to meet the current city guidelines and be set out for collection in the right-of-way for curbside pickup no earlier than 6:00 a.m. and no later than 8:00 a.m. on the day of scheduled collection. After pickup, all bins must be removed from the right-of-way and secured indoors or in such a way to avoid attracting animals by 8:00 p.m. on the day of scheduled collection.
C. The city shall provide residential pickup of recyclable material for disposal at an approved recycle facility and any cost of such collection shall be absorbed in the established residential service rate for refuse collection. Recyclable materials must be sorted or disposed of properly and in accordance with current policies and contained in the approved bins without overfill or spillage. Containers that are overfilled, that spill to the ground, or are not sorted properly may be subject to additional fee or rejection of service.
D. Replacement bins shall be available pursuant to such rules and regulations as may be adopted by the public works director.
E. Owner/occupant may be subject to an additional fee or rejection of service if bins are not sorted properly, are overfilled, have spilled to the ground, or are not set out at proper time and day of scheduled collection. Any rejection of service does not warrant a reduction in a customer’s obligation to pay for the refuse collection service set forth in GMC 12.60.070 and/or subsection (C) of this section.
F. Depending on the parameters of the city’s recycle program, customers may receive up to seven bins if in the opinion of the public works director additional bins are warranted.
G. In high density residential neighborhoods where space has been restricted by driveways, sidewalks or attached or detached buildings, it may be impractical for the city to provide multiple recycle bins for each resident in order to provide collection. In these cases and in the discretion of the public works director, it may be necessary to reject recycle operations. (Ord. 7-2022 § 3, 2022; Ord. 4-2021 § 1 (Exh. A), 2021).
12.60.090 Commercial service.
Owners or occupants of premises within the city encompassed within the definition of commercial users may use a city-approved private service readily available or opt to use the municipal garbage and trash removal services (excluding the recycle program) and disposal system established hereby if approved to do so by the director. If municipal services are used, garbage and trash of commercial users shall be deposited in city-approved containers or in trash dumpsters to be supplied by the city according to the then-current rate schedule. To use the city’s trash service, commercial users shall be in compliance with all applicable rules and regulations as defined and required of a residential user. (Ord. 7-2022 § 3, 2022; Ord. 4-2021 § 1 (Exh. A), 2021).
12.60.100 Commercial service to be provided.
The service to be provided to commercial users shall be subject to individual approval by the public works director, based on the site compatibility with existing equipment, volume and scheduling. Costs of services shall comply with GMC 12.60.110. (Ord. 7-2022 § 3, 2022; Ord. 4-2021 § 1 (Exh. A), 2021).
12.60.110 Cost of commercial service.
The owner or occupant of premises requesting commercial services from the city shall be assessed and pay a monthly charge for use of the municipal service. Rate shall be at the established residential dumpster rate plus a commercial service fee set forth in the established fee table. Commercial service fee shall be a market adjustment based on actual operational costs. The assessed monthly fee will be subject to change from time to time, if costs warrant a change. The commercial service fee shall be set forth in the fee table approved by city council. Any overfilled container may be subject to an additional fee set by the current fee schedule approved by city council. (Ord. 7-2022 § 3, 2022; Ord. 4-2021 § 1 (Exh. A), 2021).
12.60.120 Reserved.
(Ord. 7-2022 § 3, 2022; Ord. 4-2021 § 1 (Exh. A), 2021).
12.60.130 Prohibited acts.
A. Garbage or trash containers found to be in an unsanitary condition shall be tagged with a red tag by the city. Within 72 hours after a garbage or trash container has been tagged, the owner or occupant of the premises and users of the containers shall cause them to be cleaned and put in a sanitary condition. Failure to do so shall be deemed a violation of this chapter.
B. Ashes sufficiently cooled and that do not pose a fire hazard may be disposed of in the garbage container. No person shall deposit or permit or allow to be deposited any ashes or other hot materials in any trash or garbage container except as herein set forth.
C. No person shall deposit or permit or allow to be deposited any prohibited items for disposal by the city, as defined herein.
D. It shall be unlawful to place or permit to remain anywhere in the city any garbage or other materials subject to decay, other than leaves or grass, excepting in a container meeting the requirements of this chapter.
E. It shall be unlawful to cause or permit to accumulate any ashes, trash, or rubble in a manner that it can be blown away by the wind within the city.
F. It shall be unlawful for any person to place or permit another to place any garbage or trash in any container used in the city’s garbage and trash collection disposal system without the permission of the person financially responsible for the services provided to such container.
G. Prohibited items include: electronic items, tires or wheels, metal, furniture items, construction debris including lumber and pallets, motor oil, lubricating oil, transmission fluid, kerosene, lamp oil, diesel fuel, brake fluid, antifreeze, auto batteries, motorcycle and snowmobile batteries, boat batteries, engine degreasers, auto body filler, paint in liquid form, epoxy, varnish, paint thinner, turpentine, mineral spirits, paint stripper with methylene chloride, fluorescent light ballasts, broken smoke detectors, railroad ties, treated fence posts, asbestos, swimming pool acid, ceramic glazes, artist oils, acrylics (unless dried), pesticides or weed killer and any hazardous waste.
H. It shall be unlawful to overfill, pile garbage, rubble, ash, or trash on or around the city-provided container. All garbage, rubble, ash, and trash must be contained within the city-provided container and the lid must be closed.
I. It shall be unlawful to accumulate any refuse within the city right-of-way longer than the duration between scheduled pickup days.
J. It shall be unlawful to deposit any refuse in such manner that it may be carried or deposited by the elements upon any street, sidewalk, alley, sewer or other public place or onto private property within the city. (Ord. 7-2022 § 3, 2022; Ord. 4-2021 § 1 (Exh. A), 2021).