§ 14-41. Commercial refuse and recycling collection.

(a)

[Duty to comply.] It shall be the duty of the owner, manager, tenant, or occupant of any business establishment or building or the agent or employee of any such person to comply with the following minimum standards.

(b)

Types of containers for commercial refuse collection. For private service commercial collection of municipal solid waste, suitable containers must be used. Generally, the collector and their client will determine the type of container to use depending on volume and type of waste generated. The city does not specify the exact type of container but sets the following standards for containers. In the Central Business District, as defined in section 14-1, cardboard boxes, paper bags and plastic bags shall not be used as containers for any commercial refuse collection and only roll-out containers and dumpsters are acceptable types of containers for commercial refuse collection. It shall be the duty of the owner, manager, tenant or occupant of any premises or building, or the agent or employee of any such person to place waste at the designated point of collection and ensure that said waste is contained in reusable containers (cans), detachable containers (dumpsters or roll-offs), or disposable containers defined as follows:

(1)

Plastic bags. Plastic bags shall be of a thickness capable of containing all materials therein and have a lifting strength of forty (40) pounds when filled. When placed for collection they shall be securely tied with wire, twine, tape, or ends fashioned into a knot. Sharp items are not to be placed into these containers. In the Central Business District, as defined in section 14-1, plastic bags shall not be used as containers for any commercial refuse collection.

(2)

Paper bags. Paper bags shall be of two-ply kraft and have a wet strength of forty (40) pounds. When placed for collection they shall be securely tied with wire, twine, or tape. These containers must at all times be able to maintain their structural integrity when lifted. In the Central Business District, as defined in section 14-1, paper bags shall not be used as containers for any commercial refuse collection.

(c)

Minimum standards of containers for all commercial refuse collection. It shall be the duty of the owner, manager, tenant or occupant of any premises or building, or the agent or employee of any such person to ensure that the containers used comply with the following minimum standards:

(1)

They must fully contain the waste. No overflow of waste out of the container shall be permitted. The container shall have a tight fitting lid or shall be fully closed (tied, taped, or somehow enclosed) to prevent the scattering of the contained debris.

(2)

They shall be of sufficient strength to prevent the rupturing of the container and the subsequent scattering of the contained waste.

(3)

They shall be leak proof to prevent the spilling of any liquid wastes.

(4)

They shall be kept clean, free of odors, and in good condition.

(5)

All containers and the location in which they are placed shall be kept in a clean condition and free of fly and other insect breeding.

(6)

Containers must be maintained in good repair and free of holes, cracks, rusted or decayed bottoms, and splits and shall at all times be kept covered.

(7)

In the Central Business District, as defined in section 14-1, cardboard boxes, paper bags, and plastic bags shall not be used as containers for any commercial refuse collection. Bags are not considered "sealed containers" and all trash must be placed in sealed containers.

(8)

In the Central Business District, as defined in section 14-1, only roll-out containers and dumpsters are acceptable types of containers for commercial refuse collection. All roll-out containers must be clearly marked with the user's name, address, and a contact telephone number. Identification methods must be legible, permanent, and not subject to removal. Identification via spray paint is not considered a permanent method.

(9)

In the Central Business District, as defined in section 14-1, all acceptable types of containers for commercial refuse collection must be kept in a clean and sanitary condition. All trash inside containers must be bagged. Inspection of trash containers is part of routine health inspections.

(d)

Commercial manual collection—Wastes from restaurant related activities.

(1)

It shall be the duty of the owner, manager, tenant or occupant of any business establishment or building or the agent or employee of any such person to segregate trash generated from restaurant related activities into three (3) categories consisting of garbage/trash, grease, and slop wastes.

(2)

It shall be the duty of the owner, manager, tenant or occupant of any business establishment or building or the agent or employee of any such person to make separate provisions for the proper collection of these categories and commingling of such categories is not permitted.

(3)

It shall be the duty of the owner, manager, tenant or occupant of any business establishment or building or the agent or employee of any such person to clean stains or spots resulting from the collection of these wastes immediately.

(e)

Placement and removal of containers for commercial manual curbside collection.

(1)

Roll-out containers in the Central Business District, as defined in section 14-1, shall be placed out for manual collection only between the hours of 10:00 p.m. to 3:00 a.m. and shall be immediately removed after collection. It shall be unlawful for the owner, manager, tenant or occupant of any business establishment or building, or the agent or employee of any such person to place, allow or suffer to remain any containers, either empty or containing solid waste, after 9:00 a.m. Empty roll-out containers remaining after 9:00 a.m. will be subject to issuance of a citation with a fine up to two thousand dollars ($2,000.00) per violation.

(2)

In other non-CBD areas of the city, containers (except for detachable containers such as dumpsters or roll offs) shall be placed out for collection no sooner than 7:00 a.m. All containers shall be removed from the curb by 10:00 p.m.

(3)

It shall be unlawful for the owner, manager, tenant or occupant of any business establishment or building, or the agent or employee of any such person to place, allow or suffer to remain after it has been emptied by the garbage collector, any container for solid waste, rubbish, or trash in, on, or about any street, plaza, park, sidewalk, or other public place, except in any alley in the rear or side of such premises or building.

(f)

Time of collection. It shall be the duty of the person hauling solid waste, recycling, or grease and grit trap wastes, to comply with the time set for collection in this section. Time of collection is dependent on the location of the containers being serviced:

(1)

In the Central Business District (CBD) as defined in section 14-1, collection of roll-out containers is permitted only between the hours of 10:00 p.m. and 5:00 a.m. The director of downtown operations may make exceptions for Fiesta, parades, and other city functions.

(2)

In the Central Business District (CBD) as defined in section 14-1, there shall be no manual curbside collection of roll-out containers between the hours of 5:00 a.m. and 10:00 p.m.

(3)

In the Central Business District (CBD) as defined in section 14-1, collection for dumpsters is permitted only between the hours of 6:00 p.m. and 10:00 p.m. and between the hours of 3:00 a.m. and 7:30 a.m.

(4)

There is a designated "target zone" within the Central Business District (CBD), as defined in section 14-1. The "Target Zone" boundary consists of the area contained within N. St. Marys Street on the West, E. Commerce Street on the South, Losoya on the East, and Peacock Alley on the North. Within this "target zone," collection for dumpsters is permitted only between the hours of 6:00 a.m. to 7:30 a.m. and between 6:00 p.m. and 10:00 p.m. Only plastic dumpsters are allowed within the "target zone."

(5)

In other (non-CBD) areas of the city there will be no collection of waste, recycling, or grease and grit trap wastes, from commercial properties between the hours of 10:00 p.m. and 7:00 a.m. and there will be no collection of waste or recycling from residential or multi-family properties between the hours of 10:00 p.m. and 7:00 a.m. In the absence of complaints from affected citizens within two hundred (200) feet, an automatic variance for collection from commercial properties between 10:00 p.m. and 7:00 a.m. is granted.

(g)

Commercial collection of special waste including hospital related wastes and infectious wastes. These types of wastes will be collected in accordance with TDSHS regulations. The city reserves the right to amend this chapter 14 to establish additional regulations for the safe handling, storage, and disposal of these types of waste. It shall be the duty of any person disposing of special waste to comply with TDSHS regulations.

(h)

Noise and public nuisance. Collection of commercial refuse involves the use of heavy equipment, trucks, and large metallic containers such as dumpsters, which may create excessive noise in non-CBD areas. However, in the event of a complaint from an affected citizen, the following procedure shall be followed:

(1)

Citizen shall first attempt to resolve the nuisance through contact with the commercial hauler.

(2)

If the matter is unresolved, the citizen may contact the solid waste management department and request assistance from the city to mediate between the citizen and the commercial hauler.

(3)

If the matter continues to be unresolved, the citizen may file a written complaint with the solid waste determination board and request a formal hearing.

(Ord. No. 2010-11-04-0955, § 1(Att. I), 11-4-10; Ord. No. 2013-01-31-0079, § 1, 1-31-13; Ord. No. 2015-03-05-0158 , § 1, 3-5-15)