CHAPTER 7
GARBAGE/RECYCLING COLLECTION AND DISPOSAL
Sections:
12-7-103 Responsibility for System and Its Regulation.
12-7-104 Control of Collection, Transportation, and Disposal by Division Head.
12-7-105 Collection and Disposal – Duty of Owner.
12-7-107 Categories of Collection Service.
12-7-108 Classification of Services.
12-7-109 Classification of Fees.
12-7-110 Residential Receptacle Service.
12-7-111 Type and Ownership of Receptacles.
12-7-112 Regulations for Receptacle Service.
12-7-114 Limitations on Residential Service.
12-7-115 Unauthorized Collection of Solid Waste.
12-7-116 Solid Waste Permit Requirement.
12-7-117 Fee for Solid Waste Contractor Permit.
12-7-118 Solid Waste Vehicle Inspection Requirement.
12-7-119 Container Service by the City.
12-7-120 Termination of the Right to Do Business as a Solid Waste/Recycling Contractor.
12-7-121 Standards for Solid Waste/Recycling Vehicles.
12-7-122 Insurance Requirement.
12-7-123 Allowable Solid Waste/Recycling Contractor Operating Hours.
12-7-124 Requirements While Transporting.
12-7-125 Exception for Transporting Collectors.
12-7-126 Title to Solid Waste.
12-7-127 Parking Of Solid Waste/Recycling Vehicles.
12-7-129 Building or Demolition Contractors.
12-7-130 Suspension of Residential Service.
12-7-101 Title.
This Chapter may be cited and referred to as the “Springville City Solid Waste Management Ordinance.”
(1968 Code 8-6-2; amended in codification 1979; 1979 Code 12-7-1; amended by Ordinance No. 3-85; repealed and readopted by Ordinance No. 15-94; Ord. No. 10-2014, 04/15/2014)
12-7-102 Purposes.
This Chapter is adopted for the following purposes:
(1) To promote the health, safety, and welfare of the citizens of the City of Springville, by providing and/or contracting for the efficient, safe, and environmentally sound collection, transportation and disposal of solid waste and recyclable material.
(2) To implement the Utah Solid Waste Management Act.
(1968 Code 8-6-3; minor changes made in codification 1979; 1979 Code 12-7-2; amended by Ordinance No. 3-85; repealed and readopted by Ordinance No. 15-94, amended by Ord No 6-06; Ord. No. 10-2014, 04/15/2014)
12-7-103 Responsibility for System and Its Regulation.
All residential, educational, multiple-dwelling, religious, recreational and commercial/industrial premises within the City shall be serviced by a solid waste collection, transport and disposal system operated under this Chapter. The City shall supervise and regulate such systems.
(1968 Code 8-6-4; 1979 Code 12-7-3; amended by Ordinance No. 2-91; repealed and readopted by Ordinance No. 15-94; Ord. No. 10-2014, 04/15/2014)
12-7-104 Control of Collection, Transportation, and Disposal by Division Head.
The Superintendent may impose reasonable and uniform rules not inconsistent with the provisions of this Chapter upon the collection, transportation, and disposal of solid waste and recyclable material in the City, including but not limited to rules regarding:
(1) The operation of all collection, transportation and disposal services by Springville City and by solid waste/recycling contractors and private haulers;
(2) The operation of all City solid waste/recycling management facilities; and
(3) Days and times of operation of all of the above.
(1968 Code 8-6-1 and 8-6-6; amended in codification 1979; 1979 Code 12-7-4; amended by Ordinance No. 8-85; repealed and readopted by Ordinance No. 15-94; Ord. No. 10-2014, 04/15/2014)
12-7-105 Collection and Disposal – Duty of Owner.
The owner of a premises or structure shall lawfully cause the collection, transportation and disposal of solid waste/recycling which has been generated at the premises or structure. The owner of a premises or structure shall not cause or permit putrescible solid waste to remain at the premises or structure for more than eight (8) days or nonputrescible solid waste to remain at his structure for more than thirty (30) days.
(1968 Code 8-6-6; 1979 Code 12-7-5; repealed and readopted by Ordinance No. 15-94; Ord. No. 10-2014, 04/15/2014)
12-7-106 Definitions.
For the purposes of this Chapter, the following terms, phrases, words and their derivations shall have the meanings given herein:
(1) “Allowable solid waste contractor operating hours” shall mean the hours between 3:00 a.m. and 8:00 p.m., except that collection of solid waste within seven hundred (700) feet of a residential area is not allowed before 6:00 a.m. or later than 8:00 p.m. or on Sunday.
(2) “Commercial/industrial premises” shall mean all buildings and structures, including the lots on which they are located, which are not included in the definition of residential premises, education premises or multiple-dwelling premises.
(3) “Container” shall mean any large type of solid waste depository normally used in the collection of solid waste from educational and commercial/industrial premises. It shall include dumpsters, front-end containers, roll-off containers, and compaction units. When used in reference to a solid waste vehicle, “container” shall mean that part of such solid waste vehicle into which solid waste is emptied for transport and disposal purposes.
(4) “Educational premises” shall mean educational buildings and structures, including the lots on which they are located.
(5) “Garbage” shall mean and include all kitchen and table refuse and leavings, swill, offal and every accumulation of animal, vegetable and other matter which attends the preparation, consumption, decay, dealing in or storage of meats, fish, fowls, birds, fruits, vegetables or other matter which, if not properly disposed of, would constitute a health hazard, or cause offensive odors or attract rodents and/or insects.
(6) “Hazardous waste” shall mean a solid waste or combination of solid wastes which is a hazardous waste under the Utah Solid and Hazardous Waste Act, Section 26-14-2, Utah Code Annotated 1953, as amended, and regulations issued under that statute.
(7) “Multiple-dwelling premises” shall mean a building comprising three (3) or more dwelling units designed for separate housekeeping tenements, including the lot on which they are located, and where no business of any kind is conducted except such home occupations as are permitted pursuant to City ordinances.
(8) “Normal business hours” shall mean the hours from 8:00 a.m. to 5:00 p.m., Monday through Friday, except holidays.
(9) “Person” is any person, firm, partnership, association, corporation, company or organization of any kind.
(10) “Private hauler” shall mean a person that owns or occupies a residential premises or the owner of a business and hauls solid waste/recycling generated from said premises.
(11) “Receptacle” shall mean a ninety (90) to one hundred ten (110) gallon plastic, solid waste/recycling depository designed and manufactured for automated collection of solid waste.
(12) “Refuse” shall mean waste material and rubbish of every character collected or accumulated within the City, except garbage, and shall include but shall not be limited to grass, leaves, sticks, bottles, tin cans, pasteboard boxes, rags, paper, sawdust, shavings, packing material and other recyclable materials, but shall not include hazardous waste, dangerous or corrosive chemicals, explosives, highly flammable material, dead animals, poisons, heavy metals or metal parts, ashes, or bulky waste.
(13) “Recreational premises” shall mean recreational buildings and structures including but not limited to gyms, pools, ball fields, parks, playgrounds, museums, pavilions, picnic areas and camping areas, including the lots on which they are located. Recreation premises that are part of educational or religious premises are not required to duplicate solid waste services but may rely on services required at the educational or religious premises.
(14) “Recyclable material” shall mean paper, magazines, cardboard, clean paper plates/cups, plastic containers, bottles, and bags, clean styrofoam, metals, and clean aluminum foil. Glass of any kind is not accepted.
(15) “Religious premises” shall mean religious buildings and structures, including the lots on which they are located.
(16) “Residential premises” shall mean buildings and dwellings, including the lots on which they are located, comprising not more than two (2) dwelling units designed for separate housekeeping tenements and where no business of any kind is conducted except such home occupations as are permitted pursuant to City ordinance.
(17) “Solid waste” shall mean garbage and refuse, both collectively and separately, and shall not include hazardous or toxic wastes of any description.
(18) “Solid waste contractor” shall mean any person, other than the City, engaged in the business of collecting, hauling or transporting through the streets of the City any solid waste for disposal or for any other purpose.
(19) “Solid waste vehicle” shall mean any vehicle specifically designed and manufactured for the purpose of collecting, transporting or disposing of solid waste and/or recyclable material.
(20) “Superintendent” shall mean the Superintendent of the Streets Division of the Public Works Department, or his designee.
(1968 Code 8-6-6; 1979 Code 12-7-6; repealed and readopted by Ordinance No. 15-94; Ord. No. 10-2014, 04/15/2014)
12-7-107 Categories of Collection Service.
To provide for the safe, sanitary and efficient collection, transportation and disposal of solid waste/recycling within the City, the City Council hereby establishes the following categories of solid waste/recycling collection:
(1) Container service: This category shall include all solid waste/recycling disposal wherein solid waste/recycling is placed in a container.
(2) Receptacle service: This category shall include all solid waste/recycling collection services where the solid waste/recycling is placed in a receptacle.
(1968 Code 8-6-9; amended in codification 1979; 1979 Code 12-7-7; repealed and readopted by Ordinance No. 15-94; Ord. No. 10-2014, 04/15/2014)
12-7-108 Classification of Services.
(1) The Superintendent shall classify the solid waste/recycling collection service to be furnished each premises within the City as either a container service or a receptacle service. The Superintendent shall be the sole judge of the category of solid waste/recycling collection service to be provided to the premises. The Superintendent may require any reasonable size or type of container to be used at the premises classified for container service and to prescribe the frequency of pick-up. Classification shall be made before service is initiated. From time to time, the Superintendent shall review such service classifications and shall make whatever adjustments are necessary to carry out the intent and purpose of the City’s classification system.
(2) Any person may, in writing, request that the Superintendent review the classification of his or her premises. Upon receiving such a request, the Superintendent shall make findings as to the nature of premises served, the type of service required to accomplish the intent and purposes of this Chapter.
(1968 Code 8-6-9; 1979 Code 12-7-8; repealed and readopted by Ordinance No. 15-94; Ord. No. 10-2014, 04/15/2014)
12-7-109 Classification of Fees.
Each person receiving the services described herein from the City shall pay such fees, based on the classification of services provided, as are established from time to time by resolution of the City Council. Such fees shall be deemed a civil debt owing to the City from the person receiving the services. Nothing in this Section shall relieve any owner or occupant from criminal prosecution for any violation of this Chapter or other provisions of law.
(1968 Code 8-6-10; amended in codification 1979; 1979 Code 12-7-9; repealed and readopted by Ordinance No. 15-94; Ord. No. 10-2014, 04/15/2014)
12-7-110 Residential Receptacle Service.
Receptacle service for both solid waste and recycling shall be provided exclusively by the City. It shall be unlawful for any solid waste/recycling contractor or other person to engage in the business of supplying this service.
(1979 Code 12-7-19; adopted by Ordinance No. 3-85; repealed and readopted by Ordinance No. 15-94; Ord. No. 10-2014, 04/15/2014)
12-7-111 Type and Ownership of Receptacles.
Where premises are classified for receptacle service, all receptacles used shall be ninety (90) to one hundred ten (110) gallon, automated refuse collection receptacles. The City shall provide and maintain ownership of the receptacles. Each receptacle shall be numbered and recorded with the address of the customer.
(1979 Code 12-7-11; adopted by Ordinance No. 8-85; repealed and readopted by Ordinance No. 15-94; Ord. No. 10-2014, 04/15/2014)
12-7-112 Regulations for Receptacle Service.
The following regulations shall apply to residential receptacle collection provided by the City:
(1) Residential solid waste/recycling shall be collected only from receptacles obtained from Springville City. Receptacles obtained from Springville City are specially designed for use in an automated collection system.
(2) The City shall, at reasonable times and places but not less than once each week, collect and dispose of a reasonable accumulation of solid waste from each structure. Additional service may be provided by the City, for which an additional fee shall be imposed. Recycling is collected and disposed of every other week.
(3) Except where the Superintendent shall otherwise agree, collection shall be made from the street. Receptacles shall be placed at the edge of the street in a manner that will allow a collection truck to be driven to the side of the container.
(4) Receptacles shall be placed in front of a residence for collection not earlier than 5:00 p.m. the day before the day scheduled for collection and shall be removed therefrom not later than 12:00 a.m. midnight of the day of collection.
(5) The owner of the structure shall maintain the receptacles serviced at his or her structure in a clean and sanitary condition.
(6) Fluids shall be separately packaged when placed in a receptacle. Fluids shall not be allowed to accumulate in the bottom of a receptacle.
(7) Ashes shall be cold before being placed in a receptacle.
(Adopted by Ordinance No. 15-94, amended by Ordinance No. 19-04; Ord. No. 10-2014, 04/15/2014)
12-7-113 Private Hauler.
Nothing in this Chapter shall prohibit a private hauler from hauling to a landfill such materials generated at property he/she owns or occupies that is too large, cumbersome or in too great quantity for collection by the regular collection methods. The private hauler is subject to the normal landfill charges and other applicable sections in this Chapter. Such private haulers shall not be required to obtain a permit or a business license. Hauling under this Section can be done from time to time but shall not replace the regular collection under this Chapter.
(Adopted by Ordinance No. 15-94; Ord. No. 10-2014, 04/15/2014)
12-7-114 Limitations on Residential Service.
Except when otherwise agreed or provided for, City residential solid waste service shall not include collection or disposal of the following:
(1) Construction and demolition materials.
(2) Medical waste which is not enclosed in a container approved by the Superintendent or any contagious disease waste.
(3) Car bodies.
(4) Dismantled car bodies and other large pieces of metal.
(5) Dead bodies of animals.
(6) Animal manure, except that ordinary household pet manure may be placed for collection if double wrapped in a paper or plastic bag.
(7) Paint, waste oil and grease.
(8) Wire, fence posts, rubble, rocks, soil, tree stumps, chunks of concrete, stone and brick.
(9) Hazardous waste.
(10) Any substance or material which is not solid waste as defined herein or which the Superintendent reasonably determines to be unsuitable for collection and disposal because of its physical or chemical properties, size or quantity.
(Adopted by Ordinance No. 15-94; Ord. No. 10-2014, 04/15/2014)
12-7-115 Unauthorized Collection of Solid Waste.
It shall be unlawful for any person other than a licensed solid waste/recycling contractor or the City to collect, remove or dispose of solid waste/recycling on a commercial basis or for hire.
(Adopted by Ordinance No. 15-94; Ord. No. 10-2014, 04/15/2014)
12-7-116 Solid Waste Permit Requirement.
(1) It shall be unlawful for any solid waste/recycling contractor to collect, transport or dispose of any solid waste/recycling within the corporate City limits without first obtaining a valid solid waste contractor permit from the City. Granting of such permits shall be contingent on the applicant producing the signed vehicle inspection form or forms provided for in Section 12-7-118 and a list of any premises to be served by the applicant and the beginning date of such service unless such information has previously been supplied by the applicant. A licensed solid waste contractor may, subject to the requirements of this Chapter, provide solid waste collection, transportation and disposal services in Springville City. This permit shall not constitute a grant of franchise nor shall it confer any vested rights but shall be a permit to perform the services specified in this Chapter subject to the restrictions and limitations contained herein. The permit shall be nontransferable and shall be for a period of one (1) year.
(2) All applications shall be approved or denied by the Superintendent within fifteen (15) days of receipt thereof.
(3) Any person whose application for a permit has been denied may, in writing, appeal the denial to the City Administrator, who shall, within ten (10) days, affirm or reverse the denial. The decision of the City Administrator shall be final.
(4) A solid waste contractor permit shall be required in addition to any business license under Title 7, Chapter 1, of the Springville Code.
(Adopted by Ordinance No. 15-94; Ord. No. 10-2014, 04/15/2014)
12-7-117 Fee for Solid Waste Contractor Permit.
(1) Each solid waste contractor shall pay a fee equal to six percent (6%) of all gross revenues received by it from the collection, transportation or disposal of solid waste in the City to compensate the City for management, oversight, coordination, and supervision of solid waste contractors. The funds collected pursuant to this Section shall be applied to the general fund of the City.
(2) Not later than forty-five (45) days after the end of each calendar month each solid waste contractor shall file a written report with the City Treasurer stating the amount of all gross revenue received during the subject calendar month from the collection, transportation or disposal of solid waste in Springville City. The fee payable from said gross revenues shall be paid to the City Treasurer at the time said report is filed with the City Treasurer.
(3) From time to time the Superintendent or his designee shall be allowed access to the solid waste contractor’s accounting books within forty-eight (48) hours of request for an audit of records pertaining to the collection of solid waste in the City.
(Adopted by Ordinance No. 15-94; Ord. No. 10-2014, 04/15/2014)
12-7-118 Solid Waste Vehicle Inspection Requirement.
(1) The Superintendent reserves the right, and may require all holders of a solid waste contractors permit and all applicants therefor shall present each solid waste vehicle to be used in such business to the City for inspection and approval pursuant to the standards set forth in this Chapter. Provided the permittee or applicant shall have given at least ten (10) days’ prior notice, the City shall inspect all solid waste vehicles within twenty-four (24) hours of the time the solid waste vehicle is delivered to the City for inspection. The time from 5:00 p.m. Friday to 8:00 a.m. Monday shall be excluded for purposes of calculating the twenty-four (24) hour period specified above.
(2) If it is determined that a solid waste vehicle does not meet the applicable standards, the solid waste contractor or applicant shall have two (2) working days in which to make all of the necessary repairs and corrections and to present the solid waste vehicle for re-inspection or to appeal the decision that the solid waste vehicle does not meet the applicable standards. During this two (2) working-day period, any currently valid permits held by the solid waste contractor shall not be revoked or suspended due to failure of the solid waste vehicle to pass inspection.
(3) The City may inspect a solid waste vehicle at any time if the Superintendent reasonably believes that the solid waste vehicle does not comply with applicable standards.
(4) The solid waste contractor shall pay a fee in an amount established by City Council resolution for each solid waste vehicle inspected or re-inspected by the City.
(5) The Superintendent shall give to the owner of each solid waste vehicle that meets the requirements enumerated herein a completed and signed inspection form verifying that the solid waste vehicle has passed inspection. The solid waste vehicle inspection form for each solid waste vehicle to be used by a solid waste contractor shall be presented at the time of application for each solid waste contractor permit, and no such permit shall be issued without at least one (1) inspection form being properly filled out and signed by the Superintendent. Other solid waste vehicles may be inspected and approved during the term of the solid waste contractor permit.
(6) The inspection required by this Section is in addition to and is not a substitute for a Utah State vehicle safety inspection.
(7) If the Superintendent determines that the solid waste vehicle does not meet the requirements specified in this Chapter, the owner thereof shall have the right to have the solid waste vehicle inspected by a competent third party. The third party shall be any person mutually acceptable to both the Superintendent and the owner. The third party shall inspect the solid waste vehicle to determine if it meets the standards set forth in this Chapter. The decision of the third party shall be final.
(8) The Utah State Vehicle Safety Inspection receipt for each vehicle shall be carried in that vehicle and shall be presented to the Superintendent or his designee or any police officer upon demand. It shall be unlawful to operate a solid waste vehicle in the City without a current Utah State vehicle safety inspection receipt for the vehicle.
(Adopted by Ordinance No. 15-94, amended by Ordinance No. 19-04; Ord. No. 10-2014, 04/15/2014)
12-7-119 Container Service by the City.
Springville City may engage in the business of collecting, hauling or transporting solid waste/recycling collected in containers. When collecting solid waste/recycling in containers for other than government agencies, Springville City shall:
(1) Conform to all regulations, except for insurance requirements, which apply to solid waste/recycling contractors generally;
(2) Pay all charges imposed generally on solid waste/recycling contractors at City solid waste management facilities;
(3) Pay all other fees imposed generally by the City on the operations of solid waste/recycling contractors;
(4) Not be required to obtain a solid waste/recycling permit or business license.
(Adopted by Ordinance No. 15-94; Ord. No. 10-2014, 04/15/2014)
12-7-120 Termination of the Right to Do Business as a Solid Waste/Recycling Contractor.
(1) A solid waste/recycling contractor who violates any of the provisions in this Chapter is subject to having his permit revoked pursuant to the procedure provided herein.
(2) The Superintendent may order any solid waste/recycling contractor to show cause in a hearing before the Superintendent as to why the contractor’s solid waste permit should not be revoked. A notice shall be served on the solid waste/recycling contractor or his agent specifying the time and place of the hearing to be held by the Superintendent, the reasons why the action is to be or was taken, the enforcement action, and directing the solid waste/recycling contractor to show cause before the Superintendent why the revocation should not be implemented. The notice of the hearing shall be served personally or by registered or certified mail at least ten (10) days before the hearing.
(3) The Superintendent may conduct the hearing and take evidence or may designate any officer or employee of the City or may appoint a hearing board. The objective of a hearing will be to:
(a) Issue in the name of the City, notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings;
(b) Take the evidence; and
(c) Prepare a report of the evidence and hearing, including transcripts where requested, and other evidence, together with recommendations for action thereon.
(4) After the Superintendent has reviewed the evidence, he may revoke or suspend the solid waste permit or take other action as is necessary and appropriate.
(5) If the decision of the Superintendent is unsatisfactory to the solid waste/recycling contractor, he may file a written appeal to the City Council within ten (10) days after receipt of the decision. The City Council may hear the appeal and shall make a final ruling on the appeal within twenty (20) days of receipt of the user’s written appeal. The decision, action, or determination of the Superintendent shall remain in effect during such period of review by the City Council. The decision of the City Council shall be binding on all entities unless ruled otherwise by an appropriate court.
(6) Nothing in this Section shall preclude the City from prosecuting violations under the penalty clause of this Chapter.
(7) Upon termination of a permit pursuant to this Section, all amounts due from the solid waste/recycling contract whose permit has been terminated shall become immediately payable.
(Adopted by Ordinance No. 15-94; Ord. No. 10-2014, 04/15/2014)
12-7-121 Standards for Solid Waste/Recycling Vehicles.
The following regulations shall apply to all solid waste/recycling contractors:
(1) All vehicles used to collect or carry solid waste/recycling must be in good mechanical condition and all mechanisms relevant to the hauling of solid waste/recycling must be fully operable.
(2) All vehicles used to collect or carry solid waste/recycling except for roll-off service containers shall be fully enclosed with watertight sides and bottom.
(3) The tailgate of each vehicle used to collect or carry solid waste/recycling shall be so constructed as to prevent the contents of the body spilling or blowing from the vehicle while in motion.
(4) The outside of the body of each vehicle used by a solid waste/recycling contractor to collect or carry solid waste must be clearly painted and identified with the name and telephone number of the licensee.
(5) All vehicles used to collect or carry solid waste/recycling shall comply with all applicable State and federal statutes and regulations relating to such vehicles.
(Adopted by Ordinance No. 15-94; Ord. No. 10-2014, 04/15/2014)
12-7-122 Insurance Requirement.
(1) It shall be unlawful for any solid waste/recycling contractor to collect, transport, or dispose of solid waste within Springville without first furnishing the City with certificates of insurance or other evidence of insurance, from insurers acceptable to the City, showing the following types and amounts of insurance:
|
Coverage |
Limits of Liability |
|---|---|
|
Worker’s Compensation |
Statutory |
|
General liability |
$1,000,000 each occurrence |
|
Motor vehicle bodily injury liability |
$1,000,000 each occurrence |
|
Motor vehicle property damage liability |
$1,000,000 each occurrence |
|
All insurance required by law |
|
(2) Each certificate of insurance or the insurance policy shall contain express language indicating that the City of Springville will receive at least thirty (30) days’ notice of cancellation of the coverage. The solid waste/recycling contractor shall provide the certificate of insurance or insurance policy to the City on an annual basis.
(3) Cancellation of any insurance policy after the grant of a solid waste/recycling contractor’s permit shall be grounds for suspension of the permit and business license unless the City is immediately furnished with replacement certificates or other evidence of insurance.
(Adopted by Ordinance No. 15-94; Ord. No. 10-2014, 04/15/2014)
12-7-123 Allowable Solid Waste/Recycling Contractor Operating Hours.
No solid waste/recycling container pick-up shall take place outside the allowable operating hours as defined in this Chapter. Solid waste/recycling contractors shall schedule container pick-ups for containers in or near residential areas at the least disruptive time possible.
(Adopted by Ordinance No. 15-94; Ord. No. 10-2014, 04/15/2014)
12-7-124 Requirements While Transporting.
It shall be unlawful for any person to transport upon the streets within the City any waste of any kind, unless the same is completely contained in a solid waste/recycling vehicle or is covered sufficiently to prevent the spilling of the waste, or the escape of noxious or offensive odors, from the vehicle. If a solid waste/recycling contractor or any other person causes or allows solid waste to be deposited on the City streets, the contractor shall be responsible to clean up the material. If he fails to do so, the City may perform the cleanup and charge the solid waste/recycling contractor the cost of doing so, including all collection costs and fees.
(Adopted by Ordinance No. 15-94; Ord. No. 10-2014, 04/15/2014)
12-7-125 Exception for Transporting Collectors.
This Chapter shall not prohibit any person transporting solid waste/recycling collected outside the corporate City limits from transporting such solid waste/recycling over City streets, provided such collectors comply with other applicable sections in this Chapter.
(Adopted by Ordinance No. 15-94; Ord. No. 10-2014, 04/15/2014)
12-7-126 Title to Solid Waste.
(1) Title to solid waste/recycling generated from premises classified for container service shall pass to the City when the solid waste/recycling is placed in the container.
(2) Title to solid waste/recycling generated from premises classified for receptacle service shall pass to the City when the receptacle containing the solid waste/recycling is set out for pick-up.
Where the receptacles are not required to be set out for pick-up, title to the solid waste/recycling placed in them shall pass to the City upon being placed in the receptacle.
(3) Nothing in this Section shall prohibit the generator of the solid waste/recycling from reclaiming materials prior to collection.
(Adopted by Ordinance No. 15-94; Ord. No. 10-2014, 04/15/2014)
12-7-127 Parking Of Solid Waste/Recycling Vehicles.
It shall be unlawful for any person to permit, suffer, allow or cause any solid waste/recycling vehicle controlled by him or her which is loaded with waste of any kind to be or remain standing on any street within the City longer than is necessary for the purpose of loading the solid waste/recycling vehicle or moving the same to its destination in accordance with applicable traffic laws and regulations. The preceding sentence shall not apply in cases of emergency or mechanical failure.
(Adopted by Ordinance No. 15-94; Ord. No. 10-2014, 04/15/2014)
12-7-128 Unlawful Acts.
It shall be unlawful for a person:
(1) To use the public streets or other municipal property to collect, transport, remove, dispose of or deposit solid waste/recycling in any manner contrary to the provisions of this Chapter.
(2) To tamper or permit an animal under the control of a person to tamper with any City-owned container or its contents, or to tamper with any other solid waste/recycling container.
(3) To set fire, except when authorized, to solid waste/recycling on a public street, on City property, in any solid waste/recycling container, or within any solid waste/recycling management facility.
(4) To maintain or cause to be maintained any receptacle, container or solid waste/recycling storage area in an unsanitary condition.
(5) To do or fail to do any act prohibited or required by this Title.
(6) To transport solid waste/recycling over the public streets of Springville City without sufficient restraint or cover to prevent the solid waste/recycling from escaping from vehicles or containers onto the public streets.
(7) To place for collection by the City any material that is not solid waste/recycling as defined herein or that is prohibited from collection by the terms of this Chapter.
(8) To place a solid waste/recycling receptacle or container on any sidewalk, roadway or alleyway or parking lot so as to impede pedestrian or vehicle traffic or to place a solid waste/recycling container on any public street or property without written permission from the Superintendent and then only in strict compliance with any such permission.
(9) To engage in residential solid waste or recycle collection. This provision shall not apply to Springville City.
(10) To act as a solid waste/recycling contractor without a business license and permit therefor.
(11) To knowingly file a false or inaccurate report of gross revenues with the Springville City Treasurer.
(12) For the owner or occupant of a premises or structure, which does not qualify to receive residential collection service, to fail or refuse to contract for sufficient service from a licensed solid waste/recycling contractor or the City to remove all solid waste/recycling generated at the premises or structure.
(13) For the owner or occupant of a premises or structure receiving service from a solid waste/recycling contractor to fail or refuse to maintain the site of the solid waste/recycling container in a reasonably clean condition.
(Adopted by Ordinance No. 15-94; Ord. No. 10-2014, 04/15/2014)
12-7-129 Building or Demolition Contractors.
A licensed building or demolition contractor shall not be required to obtain a separate license under this Chapter to collect, transport and dispose of construction or demolition materials from a site at which he is acting as a building or demolition contractor.
(Adopted by Ordinance No. 15-94; Ord. No. 10-2014, 04/15/2014)
12-7-130 Suspension of Residential Service.
Residential service at a structure may be suspended for the reason that said structure will be vacant for a period in excess of thirty (30) days and without need of service. Suspension of service shall take effect ten (10) days after giving notice to Springville City; provided, however, suspension of service will not be allowed unless all other City utility services to the premises are disconnected.
(Adopted by Ordinance No. 15-94; amended by Ordinance No. 18-94; Ord. No. 10-2014, 04/15/2014)
12-7-131 [Repealed]
(Repealed by Ord. No. 10-2019 § 1, 05/21/2019)
12-7-132 Penalties.
Any person violating any provision of this Chapter is guilty of committing a class B misdemeanor. A separate offense shall be deemed committed on each day during which such violation occurs or continues.
(Adopted by Ordinance No. 15-94; Ord. No. 10-2014, 04/15/2014)