Sec. 11.201 Applicability
The provisions of this article shall apply to all territory within the corporate limits of the City of Oak Leaf.
Sec. 11.202 Definitions
The following definitions shall apply when used in this article:
Garbage. This term shall refer to every accumulation of waste, (animal, vegetable and/or other matter) that results from the preparation processing, consumption, dealing with, handling, packing, canning, storage, transportation, decay or decomposition of meats, fowl, fish, birds, fruits, grains or other animal or vegetable matter (including, but not by way of limitation, used tin cans and other food containers; and all putrescible or easily decomposible waste animal or vegetable matter which is likely to attract flies or rodents); except bulky waste, construction debris or hazardous waste.
Hazardous Waste. Any chemical, compound, mixture, substance or article which is designated by the United Sates Environmental Protection Agency or appropriate agency of the State to be “hazardous” as that term is defined by or pursuant to federal or state law.
Bulky Waste. Stoves, refrigerators, water tanks, washing machines, mattresses, furniture and other similar waste materials.
Construction Debris. Waste building materials resulting from construction, remodeling, repair or demolition operation.
Dead Animals. Animals or portions thereof (except dogs and cats) that have expired for any cause, except those slaughtered or killed for human use.
Rubbish. All waste wood, wood products, tree trimmings, grass cuttings, dead plants, weeds, leaves, dead trees or branches thereof, chips, cuttings, dead plants, weeds, leaves, dead trees or branches thereof, chips, shavings, sawdust, printed matter, paper, pasteboard, rags, straw, used and discarded clothing, used and discarded shoes and boots, combustible waste pulp and other products such as are used for packaging, or wrapping crockery and glass, ashes, cinders, floor sweepings, glass, mineral or metallic substances and all other waste materials not included in the definition of bulky waste, construction debris, dead animals, garbage, or hazardous waste.
Refuse. This term shall refer to garbage, rubbish, bulky waste, construction debris and dead animals generated by residential units and light commercial units
Residential Unit. A dwelling within the corporate limits of the city occupied by a person or persons comprising not more than one family. A residential unit shall be deemed occupied when either water or domestic light and power services are being supplied thereto.
Light Commercial Unit. This term shall refer to a retail or light commercial type of business. Commercial units shall not generate more than twelve (12) thirty (30) gallon containers or bags of refuse per week. If the commercial unit produces more a bin must be rented from the refuse company.
Sec. 11.203 Authorization by City to Collect Garbage Required
It shall be illegal for any person, firm or corporation within the City of Oak Leaf to use any person, firm or corporation other than that person, firm or corporation authorized by the city to collect garbage or solid waste within the city limits and all persons, firms or corporations within the city limits shall comply with the provisions of this article with regard to the disposition of garbage or solid waste within the limits of the City of Oak Leaf.
Sec. 11.204 Use of Certain Facilities and Containers Required
All persons, firms or corporations within the limits of the City of Oak Leaf shall for the purpose of disposing of garbage and solid waste, use those facilities or containers for garbage and solid waste disposal as provided for by the city or as required by the city, or as provided by persons, firms or corporations under the contract with the city for the handling of the disposal of garbage and solid waste. It shall be illegal and violate this article for persons, firms or corporations within the city to dispose of their garbage or solid waste except as provided for by the terms of this article and all persons, firms or corporations within the limits of Oak Leaf shall use a garbage container as may be designated by the city council or designated city employee of the city.
Sec. 11.205 Curbside Collection
It is contemplated that the city shall use a contractor to collect garbage and solid waste within the limits of the city. The contractor shall provide curbside collection service for the collection of refuse to each residential unit and each light commercial unit in accordance with contract agreed upon and signed by both the City of Oak Leaf and the contractor.
(1) It shall be unlawful for any person to park a motor vehicle in front of any garbage or refuse containers.
(2) It shall be unlawful for any person to deposit any garbage, refuse, trash or solid waste in a container other than one under his control or ownership.
Sec. 11.206 Commercial Users
Commercial users shall dispose of their garbage and solid waste through contract with the contractor. Contractor shall provide front end loader or roll-off containers for heavy commercial users. Each front end loader container shall be placed in an accessible, outside location on a hard surface according to individual agreement. Heavy commercial users shall pay such rates for such service provided for herein.
Sec. 11.207 Industrial, Commercial and Manufacturing Waste
All industrial, commercial and manufacturing waste shall be collected by the contractor authorized by the city by agreement between customer and contractor. That rock, waste, scrap metal materials and other trash resulting from construction of major remodeling, resulting from general cleanup of vacant or improved property, just prior to occupancy, or trees, brush, and debris cleared from property in preparation for construction shall be removed only by the contractor by special agreement between customer and contractor. If no agreement between contractor and customer, the customer is responsible for proper removal of such waste.
Sec. 11.208 Removal of Containers After Garbage Removal
Immediately after garbage has been removed by the collector, each user of container or containers shall remove them from the curb line or right-of-way until the next regular scheduled time for collection.
Sec. 11.209 Prohibited Garbage Placement
(a) It shall be unlawful for any person, firm or corporation to place, deposit, or throw or permit to accumulate in such a manner as to emit obnoxious, disagreeable or offensive smells, or permit or cause to be placed, deposited, or thrown, any garbage, brush, manure, or refuse of any kind, on public or private property outside of any house, business, or building of the city, unless the same has been deposited in accordance with this article.
(b) Dead animals and fowl shall not be placed in a container for collection as provided for in this article.
(c) It shall be unlawful to deposit or to leave any refuse or material in such a place or condition that it can be blown by the wind so as to be scattered or cause clouds of dust or particles, and it shall be unlawful to permit the escape of soot, ashes or other solid products or results of combustion so as to be wind blown or scattered.
Sec. 11.210 Days and Times for Collection
The collection and removal of garbage and solid waste shall be made by the city or contractor on specified days and times as may be designated from time to time by the city council, or city designated employee.
Sec. 11.211 Fees for Collection
(a) The fees for the collection of garbage, solid waste and trash, by the city or contractor for each month a part thereof for such service shall be as provided for in the current garbage collection contract.
(b) The city may change or amend the fees for collection of garbage and trash be either an ordinance adopted by the city council or a resolution or motion adopted by the city council, from time to time as the city council at its discretion may elect.
(c) The contractor or city shall collect the charges set forth in this article for residential and commercial units. Failure to pay any charges under this article shall authorize the city or contractor to use whatever legal steps necessary to collect to the satisfaction of the past due bill.
Sec. 11.212 Proceedings for Enforcement
In any complaint and any action or proceeding brought for the enforcement of any provision of this article, it shall not be necessary to negate any exception, excuse, provision, or exemption contained in this article, and the burden of proof on such exception, excuse, provision, or exemption shall be upon the defendant.
Sec. 11.213 Penalty for Violations
Any person, firm or corporation violating any provision of this article shall be deemed guilty of a misdemeanor, and upon the conviction in the municipal court shall be subject to a fine in accordance with the general penalty provision found in Section 1.106 of this code for each offense and each and every day said offense continues shall constitute a separate offense.
Sec. 11.214 Commercial Collection Without Contract Prohibited
No persons shall engage in the business of collecting and disposing of garbage and solid waste for commercial accounts through the use of containers located within the city, and no person shall use the public streets, alleys or thoroughfares within the corporate limits of the city for the purpose of collecting and disposing of solid waste, other than a person, firm or corporation who has executed a contract with the city authorizing such business within the limits of the city.
(Ordinance 9501 of 1/17/95)
