8.05.020 Garbage and trash removal.
A. Requirements for Hauling Garbage. It is unlawful for any person to haul or cause to be hauled on or along any public street in the city any garbage, unless such garbage is contained in strong, watertight vehicles or vehicles with watertight receptacles, constructed to prevent any such garbage from falling, leaking or spilling and any odor from escaping.
B. Spilled Refuse. Any person hauling any refuse along the streets of the city shall immediately replace in the conveyance used for such hauling any refuse which may fall upon any street.
C. Dumping Refuse. It is unlawful for any person to place or cause to be placed any refuse upon any public or private property within the city, except as specifically permitted in Chapters 8.05, 8.10, and 8.15 MCC.
D. Residential Property. Unless otherwise provided in this chapter, all residential properties within the city limits, which are occupied, shall have refuse services through a contracted waste collection permittee. In the event the city determines that a legitimate governmental purpose would be advanced by having the city, or a contracted waste collection permittee as selected by the city in its sole and absolute discretion, exclusively provide residential refuse or recycling services, solid waste collection service shall be provided by the city or by the person, firm, or corporation identified by the city. Payment for such service shall be made to the permittee.
E. Prohibition Against Nonuse of City Collection Service. Except as provided otherwise in this chapter, no person in possession of any residence within the city shall avoid or refuse to accept the solid waste collection service provided by the city or its approved collection company and such avoidance or refusal shall not exempt such premises from the payment of charges for such collection services.
1. In the event the city, or a waste collection permittee as selected by the city, exclusively provides residential refuse or recycling services, all residential customers, by and through their respective homeowners’ association, using a private contractor for solid waste collection shall be required to use the city or the city’s approved collection company for collection services upon the termination of its current contract with a private contractor. The city shall have the right to request verification from any residential customer, or their respective homeowners’ association, that has contracted with a private contractor for solid waste collection and the date such contract expires.
F. Exemptions to Mandatory Collection. The city manager, or his designee, may issue an exemption to a property owner, if the property owner can establish that the below exception applies. The city manager, or his designee, may at any time revoke an exemption issued to a property.
1. The property owner or occupant otherwise has arranged for shared solid waste disposal with the owner or occupant of another structure receiving solid waste collection service in accordance with the city code, and such shared service does not involve an undue accumulation or improper storage of solid waste. Shared service shall be limited to the following circumstances:
a. One service account shared by no more than two adjacent parcels owned by the same person or entity;
b. One service account shared by property owners or occupants of no more than two separate structures with a common driveway; or
c. One service account shared by the primary and secondary units on a single parcel.
G. Exceptions to Mandatory Collection. Nothing in this chapter shall prevent the following:
1. The disposition of recyclable materials for which there are established commercial values, and for which the generator, accumulator or producer actually receives compensation, provided such materials are accumulated in a sanitary manner and disposed of through regular commercial channels.
2. The donation of recyclable material for which there are established commercial values by the generator, accumulator or producer of such recyclable material to any approved drop-off center. Further, recyclable materials may be provided free of charge to any charitable, youth, civic, religious or similar person, group or organization, and the collection, transport and/or disposal of such recyclable material may be provided free of charge by such person, group or organization.
3. The collection, disposal or transportation of any recyclable materials for which the contractor does not provide recycling to or at any recycling drop-off center or facility which is appropriately permitted or authorized under applicable health and safety laws and regulations.
4. The disposition, collection, transport or disposal by any person of construction and demolition debris and wastes as long as the quantity is less than 10 cubic yards.
5. The collection, transportation or disposal of lawn, tree and garden trimmings by any person as an incidental part of a landscaping or gardening service by that person, as long as the quantity is less than 10 cubic yards. [Res. 21-03; Ord. 21-01 § 2; Code 2004 § 9-2.]