Chapter 4.50
HOUSEHOLD AND GREEN WASTE RECYCLING
Sections:
4.50.020 Collection of household and green waste.
4.50.040 Method of payment of service charges.
4.50.050 No accumulation of household and green waste.
4.50.070 Closing of garbage containers required.
4.50.080 Time and place of pickup.
4.50.090 Disposal of community waste.
4.50.100 Burning of green waste prohibited.
4.50.110 Dumping household, construction, and green waste prohibited.
4.50.120 Limitations upon dumping.
4.50.010 Definitions.
The following terms, as used in this chapter, are defined as follows:
“Bulky wastes” means wastes that are not capable of being stored in the approved automated refuse containers and cannot be picked up by normally used collection vehicles, including items such as large tree branches, lawn sod, Christmas trees, etc.
“Commercial solid waste, green waste and recyclable materials” means garbage, rubbish, trash, food wastes, recyclable materials, green waste, etc., resulting from the normal and incidental activities of commercial users.
“Commercial user” means an enterprise, not a residence, such as a business, association, corporation, manufacturer, hotel, motel, resort, commercial entity, church, governmental or public entity other than the City, etc.
Container, Approved Household and Green Waste Container. Approved household and green waste containers shall consist of 90- or 100-gallon recycling containers constructed from cross-linked, high-density polyethylene, or equivalent, designed specifically for automated collection equipped with wheels, for easy movement by residential users and containing permanently attached, tight-fitting lids, or as approved by the City.
“Food wastes” means animal, vegetable, or mineral matter derived from the preparation or packaging of foodstuffs.
“Garbage, rubbish and trash” means all solid waste except hazardous waste, including but not limited to combustibles such as paper, wood, yard trimmings, etc., and noncombustibles such as metal, glass, stone, etc.
“Green waste” means those green waste materials which can be recovered or otherwise diverted from the waste stream, such as lawn cuttings, clippings from bushes and shrubs, leaves, and other similar green yard waste, but not including dirt, rock, sod, or yard materials with thorns, as mutually agreed upon and determined by the contractor and the City.
“Hazardous materials and waste” means materials and wastes that are hazardous by reason of their pathological, explosive, radiological, or toxic character, including any chemical, compound, mixture, substance or article which is designated by the United States Environmental Protection Agency, the State of Utah Department of Environmental Quality, or Davis County health department to be “hazardous” as that term is defined by or pursuant to federal, state or local law.
“Household waste” means materials discarded from commonly used household substances, not including dirt, rocks, sod, flammables, hot ashes, coals, or similar materials.
“Nonprocessible waste” means goods and materials which are not residential and/or are prohibited by the disposal facility, including, but not limited to, the following:
(1) Any loads the majority of which consist of combustible material.
(2) Hazardous waste of any kind.
(3) Any material that when incinerated clearly includes electricity.
(4) Explosives.
(5) Medical or pathological wastes.
(6) Animal or human body parts or remains.
(7) Any materials the majority of which is liquid.
(8) Large appliances.
(9) Construction debris of unprocessible proportions.
(10) Large metal objects of any kind.
(11) Large sealed containers of any kind.
(12) Motor vehicles or related parts.
(13) Any item exceeding two feet by two feet by five feet in dimensions.
(14) Wood having a cross section exceeding nine inches or five feet in length.
(15) Any material that is on fire; i.e., “hot load.”
(16) Commercial solid waste, as defined herein.
(17) Hazardous materials and waste, as defined herein.
(18) Bulky wastes, as defined herein.
“Recyclable materials” means those materials which can be recovered from or otherwise diverted from the waste stream for the purpose of recycling, such as metals, paper and plastics, as mutually agreed upon and determined by the contractor and the City.
“Residence” means an occupied dwelling unit such as a home, trailer, or multifamily dwelling of four or less units, not including hotels or motels or mobile home trailer parks. Each unit of a multifamily dwelling shall be considered a separate residence for purposes of billing. A dwelling unit may be considered not occupied if the persons living therein are absent for over 90 continuous days. Unless otherwise agreed to by the City and the contractor, “residence” shall not include dwelling units located within planned unit developments or other privately accessed developments accessible by private roadways, streets and driveways.
“Residential green waste” means green waste resulting from the normal and incidental activities of residences.
“Residential recyclable materials” means recyclable materials resulting from the normal and incidental activities of residences.
“Residential solid waste” means garbage, rubbish, trash, food wastes, etc., resulting from the normal and incidental activities of residences. [Ord. 24-22 § 1 (Exh. A); Ord. 12-07 § 1 (Exh. A); Ord. 10-05 § 1 (Exh. A); Code 1971 § 4-10-010.]
4.50.020 Collection of household and green waste.
(A) Unless otherwise provided herein, the City, its agent, or contractor shall collect, remove, and dispose of all household waste and residential green waste recyclable materials. All household waste and residential green waste recyclable materials shall be collected, removed, and disposed of with such frequency and in such manner as the City Council may from time to time establish by regulation or contract.
(B) Except as otherwise expressly permitted by this section, no household waste and green waste recyclable materials shall be removed or hauled away or transported upon the streets or public ways of the municipality except by the municipality, its agent, or contractor, and except by authorized persons hauling commercial green waste recyclable materials or household waste materials as hereinafter provided.
(C) Nothing contained in this section shall preclude persons from hauling their own green waste recyclable materials over the streets and rights-of-way of the municipality.
(D) Except for those residences who have opted not to participate in the green waste recycling program in accordance with this chapter, or those residences who have not signed up for green waste collection services in accordance with this chapter, nothing in this section shall be construed as eliminating the charge made for residential solid waste and disposal services. [Ord. 24-22 § 1 (Exh. A); Ord. 12-07 § 1 (Exh. A); Ord. 10-05 § 1 (Exh. A); Code 1971 § 4-10-020.]
4.50.030 Service charge.
(A) All residences within the municipality shall pay monthly service charges as more particularly set forth in the fee schedule as adopted by the City. The charges, rates, penalty fees for delinquency in payment, and other charges incidental shall be set forth in the fee schedule and may be amended from time to time by resolution of the City Council. An exception for green waste collection charges shall be made for those residences who have not signed up for green waste collection services in accordance with this chapter.
(B) The Mayor, with the consent of the City Council, may excuse needy persons who are not reasonably capable of paying the monthly charge for residential collection of solid waste, green waste and/or recyclable materials from the payment of the residential rate for such period of time as may be deemed proper or necessary.
(C) Participation in the City’s green waste recycling program shall be on a voluntary basis. Residences desiring such service shall sign up in writing on forms provided by the City. Participants shall be required to participate in the program for at least six months. Green waste containers may be used for solid waste disposal and collection from December 1st through February 28th (or February 29th in leap year) of every year. Green waste containers shall only be used for authorized green waste disposal and collection from March 1st through November 30th of each year. [Ord. 24-22 § 1 (Exh. A); Ord. 12-07 § 1 (Exh. A); Ord. 10-05 § 1 (Exh. A); Code 1971 § 4-10-030.]
4.50.040 Method of payment of service charges.
The household waste and residential green waste recycling service charges above imposed by this chapter shall be added to the charge made for other utilities furnished through the municipality and shall be billed and collected in the same manner as those charges are billed and collected. [Ord. 24-22 § 1 (Exh. A); Ord. 12-07 § 1 (Exh. A); Ord. 10-05 § 1 (Exh. A); Code 1971 § 4-10-040.]
4.50.050 No accumulation of household and green waste.
It shall be unlawful for any person to accumulate household waste and green waste recyclable materials or cause said materials to be deposited upon any street or right-of-way. The City may permit the processing of green waste recyclable materials upon premises properly equipped and maintained so as to prevent the creation of a nuisance or a hazard to health or permit the depositing of ashes and other dry material for filling purposes at such places as the City may designate and under such restrictions as the City Council may by regulation impose. Additionally, the City may grant to any person permission for sorting, bailing, and marketing trade waste upon premises properly equipped and maintained. [Ord. 24-22 § 1 (Exh. A); Ord. 12-07 § 1 (Exh. A); Ord. 10-05 § 1 (Exh. A); Code 1971 § 4-10-050.]
4.50.060 Containers.
(A) All residential household and green waste recyclable materials to be collected by the City, its agents or contractors from residential users shall be placed only in suitable and sufficient garbage receptacles with tight-fitting lids. Approved residential household and green waste containers shall consist of 90- or 100-gallon recycling containers constructed from cross-linked, high-density polyethylene, or equivalent, designed specifically for automated collection equipped with wheels for easy movement by residential users and containing permanently attached, tight-fitting lids, or as approved by the City.
(B) Commercial dumpsters larger than 100 gallons shall not be allowed in residential zones for normal residential waste collection. Exceptions to this policy may include:
(1) Dumpsters may be used on a temporary basis to remove extra household waste. The use shall not exceed 14 days in a six-month period.
(2) Construction of new residential units or remodeling of existing home as approved with a building permit.
(C) Title to containers furnished by the City, its agents or contractors, to residential users, whether the right to the use thereof is paid in a lump sum or on a monthly basis, shall be retained by the City and the payment made by residents therefor shall be rental for the use thereof.
(D) Users renting containers furnished by the City, or having custody thereof, shall keep the container free from destructive or decorative markings, shall maintain the original color thereof, and shall keep the inside of said containers clean and free from build-up of fungus or bacteria or any other type of contaminant that causes odors or facilitates deterioration of the inside or outside of such container.
(E) Residential users shall report to the City, or authorized garbage hauler, any damage to or malfunctioning of containers that limit their usefulness for receipt of waste so that the same may be returned to the supplier for repair or replacement pursuant to the supplier’s warranty covering the same.
(F) Containers lost or missing through no fault of the user thereof shall be replaced by the City without charge, but users shall exercise due care to protect containers against loss through theft or misappropriation.
(G) Containers furnished by the City are issued to specific users by number and are nontransferable. Upon discontinuance of use by a resident, containers shall be returned to the City. [Ord. 24-22 § 1 (Exh. A); Ord. 12-07 § 1 (Exh. A); Ord. 10-05 § 1 (Exh. A); Code 1971 § 4-10-060.]
4.50.070 Closing of garbage containers required.
Approved containers shall not be overfilled to the extent that the contents may be spilled during the process of pickup and dumping into the collection vehicle. All green waste materials not deposited for pickup shall be placed in approved containers and shall be tightly closed in such a manner as to prevent offensive odors or flies. [Ord. 24-22 § 1 (Exh. A); Ord. 12-07 § 1 (Exh. A); Ord. 10-05 § 1 (Exh. A); Code 1971 § 4-10-070.]
4.50.080 Time and place of pickup.
(A) All household waste and green waste recyclable materials subject to collection by the City shall be placed on the edge of the street next to the driveway on the opposite side of the driveway approach from the mailbox, but in no event within 10 feet of the mailbox, and with the container’s wheels as close to the curb as reasonably possible, with the hinge thereof to curbside and the lid opening facing toward the street. When snow or street construction prevents placing of the container against the curb, the container shall be placed not over two feet from the edge of said snow or construction and in a manner that will not obstruct traffic or unduly impede the snowplowing activities of the City.
(B) Containers shall not be placed or permitted to block driveways or through traffic.
(C) Until otherwise provided by regulation, containers must not be set out upon the street for collection prior to the evening of the day before collection and must be set out prior to 6:00 a.m. on the day of collection. Waste containers that have been emptied shall be removed from the street right-of-way within 24 hours after containers are emptied.
(D) It shall be unlawful to park a vehicle upon a public street within the City during the hours of solid waste and recycling service pickup on said street in a manner that interferes with access thereto by the solid waste, green waste, or recyclable materials collection vehicle. [Ord. 24-22 § 1 (Exh. A); Ord. 12-07 § 1 (Exh. A); Ord. 10-05 § 1 (Exh. A); Code 1971 § 4-10-080.]
4.50.090 Disposal of community waste.
Green waste may be disposed of by business establishments, and residences that have not signed up for the City’s green waste collection services, in vehicles provided by them subject to regulation by the City as to the places of disposal and as to the type of vehicle used to avoid spillage upon public ways of the municipality, hazards to safety, and the prevention of nuisances. [Ord. 24-22 § 1 (Exh. A); Ord. 12-07 § 1 (Exh. A); Ord. 10-05 § 1 (Exh. A); Code 1971 § 4-10-090.]
4.50.100 Burning of green waste prohibited.
It shall be unlawful for any person to burn green waste in the open air or in any furnace or stove within the municipality unless expressly allowed by state regulations or county health and burning ordinances. [Ord. 24-22 § 1 (Exh. A); Ord. 12-07 § 1 (Exh. A); Ord. 10-05 § 1 (Exh. A); Code 1971 § 4-10-010.]
4.50.110 Dumping household, construction, and green waste prohibited.
It shall be unlawful for any person to place, deposit, or dump household, construction, and green waste upon any lot within the municipality whether such lot is occupied or vacant and whether such person so placing, depositing or dumping such refuse is the owner, tenant, occupant or lessor thereof or has the same under his jurisdiction and control. This section shall not prevent property owners from composting their green waste materials on their property. [Ord. 24-22 § 1 (Exh. A); Ord. 12-07 § 1 (Exh. A); Ord. 10-05 § 1 (Exh. A); Code 1971 § 4-10-011.]
4.50.120 Limitations upon dumping.
Dumping green waste recyclable materials shall be permitted only in such places as are designated by the City Council. Dumping shall be subject to such rules and regulations as may be formulated by the City Council. All processible waste generated within the City shall be delivered to the Wasatch Integrated Waste Management District facilities, as said district shall direct. [Ord. 24-22 § 1 (Exh. A); Ord. 12-07 § 1 (Exh. A); Ord. 10-05 § 1 (Exh. A); Code 1971 § 4-10-012.]
4.50.130 Regulations.
The City Council may adopt such regulations as, in its opinion, are necessary to implement this chapter and its objectives. [Ord. 24-22 § 1 (Exh. A); Ord. 12-07 § 1 (Exh. A); Ord. 10-05 § 1 (Exh. A); Code 1971 § 4-10-013.]