§ 54-33. Collection generally; permit for use of private collector.

(a)

Authorized collectors. All municipal solid waste accumulated in the city shall be collected, conveyed and disposed of by the city or a permitted private hauler approved by the director for a specific type of collection at a specific location. No person shall collect, convey over any of the streets or alleys of the city, dump, bury, incinerate or otherwise dispose of any municipal solid waste accumulated in the city, or permit himself to be employed or engaged in any such activities, without a written permit approved by the city.

(b)

Exception for occasional collection. Nothing in this chapter shall prohibit the actual producer of municipal solid waste, the owner of the premises, or a law enforcement officer from collecting, conveying and disposing of such municipal solid waste on an occasional basis, provided such producer, owner or law enforcement officer complies with the applicable provisions of this chapter and with all other governing laws and ordinances.

(c)

Excavation, construction and demolition wastes. Builders, building contractors and construction tradesmen shall be responsible for removing from their site all excavation, construction and demolition wastes emanating from their work, and shall use vehicles designed or outfitted so as to prevent the wastes carried therein from being blown, dropped or spilled from such vehicle. Building contractors may contract for this service from a properly licensed commercial hauler.

(d)

Permit for use of private collector. The city, pursuant to the provisions of this chapter, shall remove and dispose of, or cause the removal and disposal of, municipal solid waste from both residential and commercial establishments. The owner of the premises must contact the city to request service. If the volume or type of municipal solid waste generated is sufficient to warrant the use of equipment larger or other than the city is able to provide, and this fact is so certified by the director, the owner may contract for municipal solid waste removal and disposal from a private hauler which is appropriately licensed and permitted by the city. The private hauler shall first verify that the owner or business has acquired a permit for private service before providing a container or service. The owner shall then furnish the name and address of the private hauler to the city and the owner shall pay an annual fee, as established by separate resolution, to cover the cost of periodic inspections by the city. This clause shall not apply to temporary building or construction sites.

(e)

Recyclable materials. All recyclable commodities for which the city has a contract may be placed in a recycling container. Immediately upon deposit of such commodities into such container, those items become the property of the city. No person may remove, alter, replace, detract from or convey such items without the express written consent of the city. Such commodities shall be removed, transported and disposed of by the city or its designee or by a law enforcement officer in the performance of his duty.

(f)

Hours of collection. Municipal solid waste containers must be accessible for collection on the scheduled collection day at any time between the hours of 4:00 a.m. and 1:00 p.m. In the event: (1) a municipal solid waste container is not accessible for any reason; (2) a commercial business owner requests a specific collection time; or (3) The city changes the hours of service for a particular container due to the impact of collection on nearby residents, the owner shall pay a rerouting fee as established by separate resolution.

(g)

[Limitations.] The limitations in this section do not apply to municipal solid waste collection from city facilities or to municipal solid waste collection performed in connection with city-sponsored activities or events.

(h)

Penalties. A violation of this section shall be punished by a fine of $50.00.

(Ord. No. 5084, § 1, 10-10-02)