CHAPTER 2
MUNICIPAL REFUSE COLLECTION
SECTION:
4-2-1: Municipal Refuse Collection System Established
4-2-3: Collection Service Provided; Use Mandatory
4-2-5: Sanitation Service Fees
4-2-8: Storing, Eliminating Refuse
4-2-9: Prohibited Acts Declared
4-2-1: MUNICIPAL REFUSE COLLECTION SYSTEM ESTABLISHED:
There is hereby established a municipal refuse collection system, organized to provide for the collection and disposal of refuse generated within the city of Garden City, and to promote the public health of the city and its residents as more particularly set forth herein. (1988 Code; Ord. 1036-23, 4-24-2023)
4-2-2: DEFINITIONS:
Unless the context specifically indicates otherwise, the meaning of terms used in this chapter shall be as follows:
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ASHES: |
The residue from the burning of wood, coal, coke or other combustible materials. |
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COLLECTOR: |
The contractor selected by the mayor and city council to provide for the orderly collection and disposal of refuse upon, on and over streets, alleys and public ways of the city. |
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GARBAGE: |
Putrescible animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food. |
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HAZARDOUS MATERIALS: |
A. Any liquid, solid or gaseous substance, or combination of these substances, which because of its quantity, concentration, or physical, chemical, or infectious characteristics or reaction characteristics may: |
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1. Cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; or |
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2. Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed. |
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B. The term "hazardous materials" shall include all industrial and chemical waste, solid or liquid, including, but not limited to, gasoline, diesel oil, paint, solvents, cleaners – domestic and commercial, oil, oil byproducts, volatile organic compounds (VOC), synthetic organic compounds (SOC), inorganic compounds (IOC), regulated and unregulated, as listed by the United States Environmental Protection Agency and the Safe Drinking Water Act of 1986. |
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OWNER AND/OR OCCUPANT: |
A person in possession, charge, custody or control of any premises where garbage, refuse and rubbish are generated, collected or accumulated. |
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PREMISES: |
Land and all buildings and structures therein including, but not limited to, single- or multifamily dwellings, rooming houses or apartments, hospitals, convalescent and nursing homes, hotels and motels, restaurants, drive-in establishments, schools and any other place of habitation, offices, shops or establishments or places or conducting a business, trade or occupation. |
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REFUSE: |
All putrescible and nonputrescible solid waste (except body waste) including garbage, rubbish, ashes, street cleanings, dead animals and solid market waste. |
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RUBBISH: |
Nonputrescible solid waste consisting of both combustible and noncombustible waste, such as paper, cardboard, tin cans, yard clippage, wood, glass, bedding, crockery and similar materials. |
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SANITARY CONTAINERS: |
Containers for use in Garden City shall be those supplied by the contractor and shall be limited to the following: |
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Commercial Container: |
Those containers supplied by the contractor that are deemed best suitable for quantity and type of refuse generated on the site. |
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Residential Container: |
A. Ninety-five (95) gallon container with wheels; B. Sixty-five (65) gallon container with wheels; C. Forty-eight (48) gallon container with wheels; or D. Other sizes designated for rental by city trash services. (1988 Code; Ord. 1036-23, 4-24-2023) |
4-2-3: COLLECTION SERVICE PROVIDED; USE MANDATORY:
The municipal refuse collection and disposal service of the city shall, by such means as the city council deems appropriate, collect and dispose of all refuse generated within Garden City. Residential trash service is a mandatory service for all residential premises and residents are required to use the city’s designated contractor for collection and disposal services. The regulations contained herein shall be and remain applicable thereto until duly amended as provided by law. (1988 Code; Ord. 1036-23, 4-24-2023)
4-2-4: RULES AND REGULATIONS:
The city shall prepare and publish such rules and regulations as may be necessary in connection with the collection and disposal of refuse by city-designated contractor. (1988 Code; Ord. 1036-23, 4-24-2023)
4-2-5: SANITATION SERVICE FEES:
Sanitation rates shall be reviewed annually by the city and a recommendation made to the city council what rate adjustments are necessary for the operation of the municipal refuse collection system. Rates shall be adopted by resolution by the city council and shall be entitled "Utility Billing Rates." (1988 Code; Ord. 1036-23, 4-24-2023)
4-2-6: DELINQUENT ACCOUNTS:
As provided for in section 6-2-28 of this code, utility payments are credited in the following order: (A) sanitation services, (B) sewer services and (C) water services. Delinquencies in a utility account may result in termination of water service and/or sanitation services. (1988 Code; Ord. 1036-23, 4-24-2023)
4-2-7: CONTAINERS:
A. Contractor Responsibility: All containers used in connection with the municipal refuse collection system are and shall remain the property of the contractor. Contractor shall be responsible for maintenance and repairs to containers damaged through no fault of the customer. Intentional misuse which results in damage to a container will result in repairs made by the contractor and charged to the customer account by the city.
B. Customer Responsibility: Containers will be delivered to a customer in a clean condition. It is the responsibility of the customer to maintain the container in a reasonably sanitary condition.
C. Container Placement: Containers shall be placed in a visible, unobstructed manner, consistent with the specifications of the development during scheduled pickup day. Specific pickup procedures may be dictated by the contractor.
D. Refuse Placement: All refuse shall be placed completely within sanitary containers. Containers found with refuse not contained completely therein may hinder the operation of the truck or spill onto the ground when emptied. Lids must be closed at all times. (1988 Code; Ord. 1036-23, 4-24-2023)
4-2-8: STORING, ELIMINATING REFUSE:
No person shall place any refuse or hazardous materials in any street, alley or public place or upon any private property, whether owned by such person or not, within the city except that placed in proper containers for collection under the methods provided pursuant to the authority of this chapter. Any unauthorized accumulation of refuse or hazardous materials on any premises may amount to a nuisance and be subject to notice or further action by the city. (1988 Code; Ord. 1036-23, 4-24-2023)
4-2-9: PROHIBITED ACTS DECLARED:
A. It shall be unlawful for any person to interfere with or obstruct any employee of the city or its contractor during the performance of their duties under this chapter.
B. It shall be unlawful to place into any city refuse container any material that may hinder the operation of the sanitation collection truck which includes, but is not limited to: hazardous material, concrete, dirt, rocks, trees, construction material, appliances or auto parts. Construction debris that may hinder truck operation shall be disposed of separately from ordinary refuse.
C. It shall be unlawful for any person to burn garbage, refuse or construction debris within the city limits, except brush, grass, weeds and cuttings from trees, lawns or gardens which may be burned with the written permission of the North Ada County fire and rescue district. (1988 Code; Ord. 1036-23, 4-24-2023)
4-2-10: EXCLUSIVE FRANCHISE:
The city of Garden City shall grant exclusive franchise rights for the collection and disposal of rubbish generated within the city to that contractor selected by the mayor and city council except any trash exempted under the terms of contract between the city and its contractor. Term of exclusive franchise of contractor shall be specified in contract between the city and its contractor. (1988 Code; Ord. 1036-23, 4-24-2023)