Code Sections Regarding Construction & Yard Waste

Sec. 22-166. - Definitions.

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Building rubbish means waste material resulting from construction, remodeling, repairs and demolition operations on houses, commercial buildings and other structures, including driveways and walks, and it comprises waste and rejected matter such as excavated earth, stones, bricks, plaster, wallpaper, sheet rock and lathes, lumber, shingles, tile, concrete and waste parts occasioned by the installation or replacement of plumbing, heating systems, electrical work and roofing.

Yard rubbish means tree branches, stumps, twigs, grass and shrub trimmings, bushes, weeds, leaves and general yard and garden waste materials and includes stone and dirt raking and any waste materials resulting from landscaping.
(Code 1983, § 5-2-1)

Sec. 22-169. - Building Waste-Accumulations Prohibited.

(a)Any person who has contracted with any other person within the city, either on an hourly basis or a job contract price, whose work produces an accumulation or volume of building rubbish shall be required to remove and dispose of any such accumulation resulting therefrom. All construction and demolition contractors must have on-site receptacles or containers. The site must be kept in a reasonably clean and litter-free condition. Yard rubbish and yard trimmings shall be disposed of per subsection 22-192(d), by placing same adjacent to refuse carts.

(b)On any construction site at which a container is used to store debris and trash during the project, whether such container be a dumpster or other container of any sort, when active work ceases on the project for every day, or any given day, a secure cover shall be placed over the dumpster or container so as to prevent trash or construction debris to be subject to being blown out of the dumpster or container.

(c)On construction sites where no container or dumpster is used, a confined storage area must be established and appropriate measures shall be taken to prevent trash and debris from being subject to being blown out of a confined area.
(Code 1970, § 8-2; Code 1983, § 5-2-4; Ord. of 5-10-2007)

Sec. 22-1. - Landscape Contracting Permit.

(a) As used in this section, the term "landscape contractor" means any person engaged in the business of contracting for yard maintenance, tree removal or trimming, landscaping activities, mowing or the like.

(b) no person engaged in landscape contracting shall dispose of yard and/or tree trimmings at the city's facility without a permit issued by the city. Permits shall be issued annually at the cost established by the mayor and council. The cost shall be on file in the office of the city clerk
(Ord. of 12-8-2005)

Sec. 22-192. - Storage Practices.

(a)Preparation of refuse. Residential refuse shall be placed in uniform roll out carts/standard containers as provided.

(b)Refuse containers.

(1)Commercial refuse and commercial solid waste shall be placed in a commercial dumpster of sufficient size to handle the amount of refuse generated by said commercial establishment. In the event that a commercial establishment cannot have a dumpster placed on-site, sufficient uniform roll out carts shall be used.

(2)Commercial dumpsters shall be enclosed by a privacy fence not less than six feet or more than eight feet in height. Flooring shall be a concrete masonry pad sufficient to place the required size of the dumpster on. Enclosures shall be constructed to include cement filled steel posts with a minimum height of five feet to be placed three feet from the sides of enclosure. Enclosures shall be a minimum of 11 feet wide and 11 feet in depth with a front clearance for gating to be 180 degrees, with an access lane of no less than 100 feet of unobscured finished surface. Dumpster flooring shall be placed at the same elevation as finished grade of lot surface.

(c)Storage of refuse.

(1)Each householder, commercial establishment or person having refuse shall provide himself with approved refuse containers.

(2)It shall be unlawful to place refuse in any street, alley or any other public place, or upon private property, whether owned or not, unless that refuse is placed in an approved container, as provided in this division.

(3)It shall be unlawful to place refuse in any stream or body of water, or in any place inconsistent with the provisions of this article.

(4)Solid waste or recycling carts shall not be placed in the city right-of-way before Noon the day before the scheduled pickup day and shall be removed from the city right-of-way no later than Noon the day after the scheduled pickup day. Each resident, property owner, agent, manager and/or occupant of a property is responsible for compliance with this provision. The penalty for a violation of this subsection shall be $50 per citation.

(d) Storage of yard trimmings and yard rubbish.

(1)It shall be unlawful to place or mix yard trimmings and yard rubbish with municipal solid waste within the city.

(2)Yard trimmings and yard rubbish shall not be disposed at any municipal solid waste disposal facility having a liner and leachate collection system or requiring vertical expansion located within the city.

(3)Yard trimmings and yard rubbish shall be sorted and stored in the following manner: yard trimmings and yard rubbish which have not been utilized for composting mulch, or otherwise revised/recycled shall be placed adjacent to refuse containers to be readily accessible to the collector, as follows:

a. Leaves, yard clippings, paper, straw shall be placed in watertight bags or other suitable containers which, when full, do not exceed 35 pounds in weight.

b. Palm fronds shall be stacked and placed adjacent to 90-gallon roll out containers so that three palm fronds may be picked up conveniently.

c. Heavy brush and tree branches no longer than four feet in length and six inches in diameter shall be placed in a pile no larger than 4-foot by 4-foot by 4-foot. Brush will be placed adjacent to the cart.

(Code 1970, § 8-18; Code 1983, § 5-2-22; Ord. of 4-10-2005(01), § 1; Ord. No. 04-2005, 5-26-2005; Ord. No. 18-2012, 5-24-2012)