Chapter
28
SOLID
WASTE[1]
Art. I. In General, §§ 28-1—28-10
Art. II. Administration and Enforcement, §§
28-11—28-20
Art. III. Authorized Collectors, §§ 28-21—28-30
Art. IV. Containers, §§ 28-31—28-40
Art. V. Commercial Collection, §§ 28-41—28-50
Art. VI. Solid Waste Disposal, §§ 28-51—28-60
Art. VII. Fees, §§ 28-61—28-70
Art. VIII. Recycling Containers, §§ 28-71—28-76
ARTICLE
I. IN GENERAL
Sec.
28-1. Definitions.
For the purpose of this chapter, the
following words and phrases shall have the meanings respectively ascribed to
them by this section:
Alley
means any public space
or thoroughfare twenty (20) feet or less in width which has been dedicated or
granted for public use.
Commercial
establishment means any
public or private place, building or enterprise utilized for the conduct of
business or industrial enterprise, but not to include any residential
establishments.
Contractor
means a person, persons
or corporate entity engaged in the business of collecting, hauling or
transporting commercial solid waste or special material in the city for
disposal or any other purpose.
Commercial
solid waste means all
garbage and trash generated by commercial establishments except hazardous
wastes and non-collectible items.
Fence
means any barrier
erected, installed or planted to mark the boundaries of any lot or parcel of
land and made of posts and wire, boards or similar materials or formed by a
dense row of shrubs or trees.
Freestanding
wall means any masonry
barrier erected or constructed to mark the boundaries of any lot or parcel of
land and made of masonry, concrete or similar materials and standing alone on
its own foundation free of supporting frame or attachment.
Garbage
means all putrescible
wastes, except sewage and body wastes, including all organic wastes that have
been prepared for or intended to be used as food or have resulted from the
preparation of food, including all such substances from all public and private
establishments and residences.
Hazardous
wastes means all wastes
that are hazardous by reason of their pathological, explosive, flammable,
radiological or toxic nature, including, but not limited to, all wastes defined
as hazardous by A.R.S. § 49-921.
Non-collectible items means dirt,
rock, concrete, construction and demolition debris, lumber, railroad ties,
rolls of carpeting, tires, paint, motor oil or any other dangerous or hazardous
materials.
Public works manager means the manager
of the public works department or designee.
Recycling container means any container, whether operated
for profit or not, where the public is asked to bring any materials to be
donated or left to be recycled, reclaimed, processed or reused, including, but
not limited to, newspapers, bottles, metal cans, and used clothing and
furniture.
Residential establishment means any structure or premises used as
a domicile, dwelling, or habitation, including single-family dwellings,
multifamily dwelling units, duplexes, patio homes, mobile home parks, trailer
courts, rooming houses, boarding houses, assisted living facilities,
apartments, condominiums, townhouses, or any complex of the foregoing.
Solid
waste means any garbage,
trash, uncontained items, sludge from a waste treatment plant, water supply
treatment plant or pollution control facility and other discarded material,
including solid, liquid, semisolid or contained gaseous material but not
including domestic sewage or hazardous wastes.
Trash
means combustibles such
as paper, wood, yard trimmings or brush and noncombustibles including metal and
glass.
Uncontained items means all large
trimmings from trees and shrubbery, furniture, major appliances, mattresses and
other acceptable materials that are too large to be deposited into containers.
(Ord.
No. 86.47, § 2, 7-10-86; Ord. No. 92.52, 1-14-93; Ord. No. 94.35, 4-13-95; Ord.
No. 2001.17, 7-26-01; Ord. No. 2004.03, 2-19-04)
Secs.
28-2—28-10. Reserved.
ARTICLE
II. ADMINISTRATION AND ENFORCEMENT
Sec.
28-11. Administration and enforcement.
(a) The public works manager is assigned the
primary responsibility of enforcing this chapter and is granted the authority
expressly and impliedly needed and necessary for enforcement.
(b) Nothing in this chapter shall
preclude city employees from seeking voluntary compliance with the provisions
of this chapter through notices to comply, warnings, or other informal devices
designed to achieve compliance in the most efficient and effective manner under
the circumstances.
(c) The authority of the city to enforce
provisions of this chapter is independent of and in addition to the authority
of other city officials to enforce the provisions of any other ordinances of
the city.
(Ord.
No. 86.47, § 2,
Sec.
28-12. Civil violations.
All violations under this chapter are
civil unless otherwise specified, and shall be commenced by delivering a
citation to the person responsible for the violation. The procedures in § 1-7 of this code
shall be utilized for civil violations of this chapter. The fines for
civil violations applicable to this chapter shall be established by city
council resolution.
(Ord.
No. 86.47, § 2,
Sec.
28-13. Criminal violations.
(a) A violation of this chapter by any person
three (3) times within a one year period shall constitute a misdemeanor and
shall be punishable as set forth in § 1-7 of this code. For purpose of calculating the one-year
period under this subsection, the dates of the commission of the offenses shall
be the determining factor.
(b) A violation of § 28-51(b)(1) or § 28-51(b)(2)
shall constitute a misdemeanor and shall be punishable as set forth in § 1-7 of
this code.
(Ord. No. 2004.03,
Sec.
28-14. Permit revocation.
Any
permit issued under this chapter may be revoked by the public works manager on
the basis of violations of this chapter, city code or state law. The public works manager may revoke a permit
upon ten (10) days notice to the permit holder.
The permit holder may request a hearing with the public works manager prior
to the expiration of the ten (10) day notice.
Revocation shall be effective on the date set by the city.
(Ord. No. 2004.03,
Sec.
28-15. Recycling container impoundment.
(a) Any recycling container which is in
violation of this chapter may be removed at the owner’s expense. The public
works manager shall conspicuously attach to the container a notice that
includes:
(1) The city code section which is being
violated; and
(2) The date at which the container will be removed, which date
shall be no sooner than ten (10) days after the posting of the notice, unless the
violation is corrected.
(b) If the city impounds the container, the
owner shall reimburse the city for the cost of the container’s removal and
impoundment. If the owner fails to reimburse the city within sixty (60) days of
its removal, the city may dispose of the container.
(Ord. No. 2004.03,
Sec.
28-16. Penalties for leaving uncontained items at curb
or alley more than ten (10) days prior to scheduled collection week.
(a) Upon notification by the solid waste
section, a resident, owner or occupant shall have ten (10) days after the date
of the notice to remove items placed for collection that do not conform to the
requirements of § 28-51(d). Failure
to remove items as required herein shall be a civil violation, punishable as
set forth in § 28-12. In lieu of
proceeding under § 28-12, the city may correct or abate the condition described
in the notice. The responsible party will be charged for all costs incurred in
correcting the condition. These costs will include personnel, equipment and disposal.
(b) If
in the opinion of the public works manager the items placed for collection
constitute an imminent health or safety hazard, the city may immediately abate
the hazard without notice.
(Ord.
No. 2004.03,
Secs.
28-17—28-20. Reserved.
ARTICLE
III. AUTHORIZED COLLECTORS
Sec.
28-21. Collection to be by city or
licensed collectors; requirements for issuance of license; terms of license;
enforcement of license requirements.
(a) Only
contractors licensed by the city may collect commercial solid waste within
(1) The city must have satisfactory evidence
that the contractor possesses the necessary equipment and qualifications to
collect, transport and dispose of commercial solid waste in a manner
satisfactory to the city and in conformity with the state or county department
of health laws, rules and regulations;
(2) The contractor desiring a license to collect
commercial solid waste shall submit an application to solid waste services together
with a license bond in an amount established by city council resolution, and an
annual per-vehicle fee in an amount established by city council
resolution. An annual audit may be
performed by the city to establish the contractor's gross receipts from the
collection within the city. The resultant annual fee shall be two percent (2%)
of the gross receipts should such percentage exceed the per-vehicle fee
remitted at the time of application; otherwise, the per-vehicle fee remitted at
the time of application will constitute the annual fee per vehicle;
(3) The contractor's application shall include
the name, business and residence addresses of all owners, partners, general managers
and principal officer, as well as business references and such other information
as deemed necessary; and
(4) Any license granted by solid waste services
shall be nontransferable and may be suspended or cancelled upon failure or
refusal of a licensee to comply with the provisions of this chapter and after
notice and hearing respecting the same. The term of the license shall be for
the fiscal year commencing July 1 and ending June 30. Application for renewal
shall be made at least thirty (30) days prior to expiration of a valid license.
Fees may be prorated monthly on licenses issued during the fiscal year.
(b) The
contractor will be expected to furnish the city with any available equipment to
assist the city in the collection of commercial solid waste during and for any
period of time when the city might be unable to serve any or all of its
commercial customers. The city will pay the contractor for such service based
on the contractor's current standard rates for servicing commercial bulk containers.
(c) Any person who has a license for the
collection and disposal of solid waste revoked, has been denied a license or
who is affected by any notice issued in connection with the enforcement of any
provision of this chapter, may request and shall be granted a hearing on the
matter before the city council, provided such person shall first file with the
city clerk a written petition requesting such hearing and setting forth a brief
statement of the grounds therefor within ten (10) days after the day the notice
was served. Upon receipt of such petition, the city council shall set a time
and place for such hearing and shall give the petitioner special written notice
thereof. Should the city council concur that there has been a violation of this
chapter, they may take such action as is justified.
(d) All containers must be clearly marked with
the company name and phone number.
Containers of non-permitted companies may not be placed for use in city
boundaries.
(Ord.
No. 86.47, § 2,
Sec.
28-22. Insurance and surety bond
required of contractors.
(a) Contractors
will obtain, keep in force and maintain public liability and property damage
insurance in the sum of one million dollars ($1,000,000) for personal injury to
any one person, one million dollars ($1,000,000) for personal injuries
sustained by all persons in any one accident and five hundred thousand dollars
($500,000) with respect to property damage arising from any single occurrence,
to indemnify the contractor for loss by virtue of any disability arising from
his collection, hauling and disposal activities within the city. The city will
be named as co-insured. Evidence of such insurance shall be furnished to the
city at the time of license application and at the time of any renewal.
(b) The
contractor shall provide a cash bond in the amount of five hundred dollars
($500) and in a form acceptable to the city, such bond to be conditioned upon
the payment of any charges incurred by the city in correcting any failure by
the contractor to perform in accordance with the requirements of his license.
(Ord.
No. 86.47, § 2,
Sec.
28-23. Vehicle requirements.
All vehicles used for solid waste collection
within the city must be inspected and approved by the city and meet the
following requirements:
(1) All vehicles must be in good condition and
repair. The bodies shall be of readily cleanable construction, watertight and
metal-lined to the full width and height of the body, with all seams welded;
(2) Vehicles shall be maintained and operated
in a clean and neat manner so as to prevent solid waste from spilling, leaking
and blowing. All vehicles shall have enclosed bodies;
(3) The outside of each vehicle must be clearly
identified by the name and telephone number of the contractor operating the
vehicle; and
(4) Any open-top roll off container must have a
cover which prevents solid waste or contents from spilling or flowing onto the
roadway.
(Ord.
No. 86.47, § 2,
Secs.
28-24—28-30. Reserved.
ARTICLE
IV. CONTAINERS
Sec. 28-31. Containers—Use required; provision by city;
capacity; exception for certain trash.
(a) No
owner, tenant, lessee or occupant of any public or private establishment or
residence shall permit to accumulate upon his premises any garbage except in
tightly covered, portable containers of rust-resistant metal, rubber, plastic
or other similar material meeting the approval of the public works manager.
(b) The
city shall provide containers for all residential establishments and commercial
customers serviced by the mechanized collection system. Where there is an alley
in the rear of residential establishments, the public works manager shall
assign a large city-owned container of three hundred (300) gallons to the
appropriate number of residential establishments. Small city-owned containers
of ninety (90) gallons shall be assigned to residential establishments which
have no alley. Commercial establishments will, under agreement with the city,
receive collection service including the appropriate three hundred (300) gallon
or metal bulk container ranging in size from one to eight (8) cubic yards.
(c) Uncontained
items need not be kept in the above type containers if such items are handled
as provided in § 28-52.
(Ord.
No. 86.47, § 2,
Sec.
28-32. Same—When not provided by city;
number required.
(a) The
owner, tenant, lessee or occupant of a residential establishment not serviced
by the mechanized collection system shall provide his own standard garbage
containers of sufficient number to maintain a clean and sanitary condition on
his premises. Containers shall not be less than ten (10) gallons nor more than
thirty (30) gallons capacity and shall be of standard, tapered, noncorrosive,
nonabsorbent construction. All containers shall have a lid and be equipped with
suitable handles for lifting. Plastic bags are a permissible substitute.
(b) The
owner, tenant, lessee or occupant of any place of business, commercial or
industrial premises not served by the city shall have sufficient containers to
meet their needs.
(Ord.
No. 86.47, § 2,
Sec.
28-33. Same—To be kept sanitary and in
repair; replacement.
(a) Residential
and commercial garbage and recycling containers which are provided by the city
shall be kept in good repair by the city. Containers will be replaced when
found to be no longer serviceable through disrepair. All residential customers
must maintain their city-provided plastic containers in a clean and sanitary
condition.
(b) Non-city-owned
containers shall be kept in good repair by the owner. Such containers found to
be no longer serviceable through disrepair or maintained in an unsanitary
condition shall be condemned for further use. Legal notice of such condemnation
shall consist of a label or tag affixed to the unsatisfactory container.
Receptacles not placed in a satisfactory condition within
ten (10) days shall be removed and destroyed by the city. All customers shall
maintain their alleys and the area surrounding the garbage containers free from
garbage and other health hazards.
(Ord.
No. 86.47, § 2,
Sec.
28-34. Same—Placement for collection;
removal after collection.
(a) All solid waste containers (garbage and recycling) prepared for the city collection service shall be placed at the front curb, unless otherwise designated by the public works department, in an easily accessible manner.
(b) All containers must be placed in such a
manner that the lids open toward the street or alley in order to facilitate
proper dumping of the container by the mechanized collection vehicles.
(c) Containers shall be placed for collection
no earlier than
(d) Containers shall not block the sidewalk or otherwise be a hazard
to pedestrian or vehicular traffic.
(Ord.
No. 86.47, § 2,
Sec.
28-35. Same—Tampering with, removing
prohibited.
(a) No
person shall uncover or cause to be uncovered, tip over or cause to be tipped
over or molest or cause to be molested in any manner any container or garbage legally
placed for removal.
(b) Each ninety (90) gallon city-owned garbage
and recycling container shall be assigned to the property and not to the
occupant of the property. No person who
occupies any property to which the ninety (90) gallon container has been
assigned may remove the container from the assigned property for any reason.
(c) No
person, unless authorized by the public works manager may move or relocate any
three hundred (300) gallon city-owned container from its assigned location.
(Ord.
No. 86.47, § 2,
Sec.
28-36. Containers for commercial
establishments may be supplied by contractors.
(a) Garbage
containers, roll off bodies and compactors may be supplied by the contractor.
All containers, roll off bodies and compactors shall be painted and maintained
in a clean, neat and sanitary manner at all times and shall have the name and
phone number of the contractor identified legibly thereon.
(b) A commercial establishment shall maintain
enough containers to accommodate the solid waste disposal needs of the
establishment as determined by the public works manager.
(c) All
commercial solid waste shall be placed in standard garbage containers or
compactors which shall be placed in inconspicuous places determined by the
public works manager.
(Ord.
No. 86.47, § 2,
Secs.
28-37—28-40. Reserved.
ARTICLE
V. COMMERCIAL COLLECTION
Sec.
28-41. Hours of commercial
collection; failure of contractor to collect solid waste; notice of violation
of chapter.
(a) Commercial
solid waste shall not be removed from commercial or industrial property that is
within five hundred (500) feet of residential development between the hours of
(b) Solid
waste shall not be allowed to collect on any property in unsanitary quantities.
The contractor shall, within eight (8) working hours of a telephoned request by
the city, service containers at specified locations. Should the contractor fail
to respond to the above request and the city elects to empty the containers and
otherwise collect the solid waste, the contractor shall reimburse the city at
double the rates established by city council resolution.
(Ord.
No. 86.47, § 2,
Sec.
28-42. Repealed.
(Ord.
No. 86.47, § 2,
Sec.
28-43. Notice of intent to
commence or terminate service to commercial establishments.
The contractor shall provide the city
with written notice of intent to service any new commercial establishment prior
to commencing service, including the name and address of the commercial
establishment, the ownership, number and size of standard garbage containers
and the days of collection. The contractor shall provide the city with a
written notice of intent to service any existing commercial establishment being
serviced by the city at least thirty (30) days before commencing service,
including the name and address of the commercial establishment, the ownership,
number and size of standard garbage containers to be serviced and the days of
collection. The contractor shall provide the city and the commercial
establishment with thirty (30) days' written notice before discontinuance of
service, and such termination shall be on the first days of the month.
(Ord.
No. 86.47, § 2,
Secs.
28-44—28-50. Reserved.
ARTICLE
VI. SOLID WASTE DISPOSAL
Sec. 28-51. Prohibited disposal.
(a) Any
solid waste which does not comply with the provisions of this chapter will not
be collected by the city and will subject the owner or occupant of the
property, or the owner or occupant of abutting property in the case of
noncomplying solid waste in the right-of-way, to penalties for violation of the
city code.
(b) The
following shall not be placed in city-owned containers or in any alley,
right-of-way, or curbside:
(1) Hazardous wastes;
(2) Septic tank or cesspool pumpings and similar
liquid waste with the exception of semi-liquid waste from city sewer cleaning
equipment; or
(3) Dirt, rock, construction or demolition
material, or non-collectible materials.
(c) Any
person who is in the business of trimming trees, shrubs or brush for
compensation shall be solely responsible for disposal of all brush, tree
trimmings, grass, leaves or similar landscaping or plant material generated in
connection with such activity.
(d) Residents shall not place uncontained items
at curb or alley more than ten (10) days prior to the scheduled collection
week.
(Ord.
No. 86.47, § 2,
Sec.
28-52. Containment and disposal
requirements.
(a) Collection of garbage. All garbage must
be placed in the city-owned containers unless otherwise properly handled as
uncontained items as provided in this section.
(b) Garbage, etc., to be placed in bags. All garbage, grass clippings, leaves, and
similar material shall be placed in plastic bags or other watertight containers
and securely sealed prior to placement in a city-owned container or for
collection.
(c) Collection of uncontained items in areas not
served by or partially served by city. In areas where uncontained items cannot
be entirely handled in city-owned containers or where city-owned containers are
not provided, all items shall be placed next to the property line parallel to
the alley or street in as orderly a fashion as possible. Where there is no alley, uncontained items shall
be placed parallel to the property generating it but shall not be placed around
or adjacent to any mechanized collection container in such a manner as to
interfere with its being emptied. Where an alley is accessible, the uncontained
items shall be placed in the alley parallel to the property generating it. The solid waste division will provide
regularly scheduled collection to remove properly prepared materials from the
alley and along the street.
(d) Special collections of uncontained items.
Residents desiring collection on a schedule other than the city's regular
schedule, or residents desiring collection which is over and above the level of
service provided in this chapter, shall call the public works department to
request this service. The resident shall
pay for the additional service at the rate set by the city council (see
Appendix A Fee Schedule).
(e) Tree trimmings, grass clippings and cactus. Any large trimmings from trees and shrubbery
that cannot be readily placed in containers or bagged as required in subsection
(b) above shall be cut in lengths not to exceed forty-eight (48) inches and
placed in stacks one foot apart, parallel and next to the property generating
it. All grass clippings and leaves must
be bagged. All cactus and parts of
cactus plants shall be placed in a sealed cardboard box and placed separately
from other uncontained items.
(f) Animal waste. Waste from small animals or pets shall be
placed in a bag, securely sealed and placed in the regular garbage containers
for disposal. Wastes from larger animals
such as horses and other livestock kept as pets or for personal pleasure may be
placed out for collection, provided the waste is dry, placed in a plastic bag, securely
sealed, and placed in a garbage container for collection.
(Ord.
No. 86.47, § 2,
Sec. 28-53. Disposal of refuse on public or private
property.
No person shall place or cause to be
placed any solid waste or other materials upon any public or private property
with the city except as specifically permitted in this chapter or at sites
designated by the city council.
(Ord.
No. 86.47, § 2,
Sec.
28-54. Burning garbage.
No person shall burn or attempt to burn
garbage within the city limits.
(Ord.
No. 86.47, § 2,
Sec.
28-55. Building contractors to leave
areas clean.
All
building owners and contractors shall, upon the completion of construction,
remove at their sole cost and expense all trash of every nature, description or
kind which has resulted from the building of such structure, including all
lumber scraps, shingles, plaster, brick, stone, concrete and other building
material.
(Ord.
No. 86.47, § 2,