Garbage Collection and Refuse Disposal

 

An Ordinance providing for the collection, removal, and disposal of refuse, garbage and rubbish within the City of Caspian.

Definitions. The following words, when used in these regulations, shall have the meanings respectively ascribed to them:

a. Refuse: Refuse shall mean garbage, rubbish or both.

b. Garbage: Garbage includes all refuse accumulations of animal, fruit or vegetable matter that attend the preparation, use, cooking, dealing in or storage of meat, fish, fowl, fruits or vegetables, and containers originally used for foodstuffs.

c. Rubbish: Rubbish includes all other refuse except rocks, concrete, bricks and similar solid material, plaster or dirt.

Garbage to be Deposited in Containers. All garbage created, accumulated or produced shall be deposited in suitable garbage containers, equipped with suitable handles, tight-fitting covers, and shall be watertight. Each container shall have a capacity of not less than five (5) gallons and not more than thirty (30) gallons, and shall be kept in a clean, neat and sanitary condition at all times. Liquid garbage or any liquid material whatsoever shall not be deposited in such container; any and all garbage shall be drained of all moisture before being placed in containers.

Other Materials Deposited in Containers. Rubbish may be deposited in the above-mentioned garbage containers. Human waste and other potentially infectious material shall not be deposited or placed in such containers unless such material is wrapped in an airtight, sanitary and otherwise satisfactory manner.

Occupant to Provide Containers. It shall be the duty of every person in possession, charge or control of any place in or from which refuse, garbage, and/or rubbish is created, accumulated or produced, to provide containers capable of holding refuse, garbage, and/or rubbish which would ordinarily accumulate on such premises between the times of successive collections. The owner of any multiple dwelling shall furnish or require his tenants to furnish proper containers. Containers located at multiple dwellings, if furnished by the tenants, shall be marked so as to indicate the apartment or flat to which they belong.

Manner of Depositing Refuse, Garbage, and/or Rubbish in Containers. Before depositing refuse, garbage, and/or rubbish in containers, all refuse, garbage, and/or rubbish must first be placed in airtight plastic bags which shall be sealed by appropriate device before placing the plastic bag containing the refuse, garbage, and/or rubbish within the above-mentioned container.

Location of Containers. Containers for the purposes herein described shall be placed, kept, stored, or located at the rear of the building to which they pertain, unless placed in a structure or location which removes them from the plain view of the street which the building faces. Containers may not be placed, kept, stored, or located within the right-of-way of a street or alley; provided, however, that the City Manager may authorize the location of such containers within the public right-of-way at specified places and times when such location is necessary for the expeditious collection and disposition of refuse by the City. The point of collection is either at the alley or curb, as designated by the City Manager. Owners of containers shall place containers at the designated point of collection no earlier than the day before the designated day of collection; and, shall remove containers from the designated point of collection no later than the day following the designated day of collection, and shall ensure containers are accessible on the collection day.

Time of Collection. Collection of refuse shall be made at least once a week from private residences, as designated by the City Manager, and as many times per week as the City Manager of the City of Caspian may order from all other places.

Rubbish Collected with Refuse. The City will only collect and dispose of that refuse which is deposited in containers in the manner prescribed in Section 5. To the extent that equipment and personnel are available, as determined by the City Manager, the City may collect and dispose of rubbish other than that deposited in containers, provided such rubbish is placed in containers deemed necessary by the City Manager for effective collection and disposal of such rubbish.

Notification of Collection. All occupants, persons in possession, charge or control of premises and places in or upon which refuse is created, accumulated or produced shall notify that department of refuse collection of the City of Caspian that collection of refuse from such place is required. Occupants, persons in possession, charge or control of premises and places other than private premises shall notify said department of the frequency of the collection required.

Burning of Refuse. It shall be unlawful for any person to burn any refuse, garbage, and/or rubbish.

Nuisance. No person, in a manner other than as prescribed by this Ordinance, shall permit refuse to exist, on premises over which the person has any possession, charge, control, or any interest whatsoever. The permitting, allowing to exist, or keeping of refuse, garbage, and/or rubbish in a manner other than as prescribed by this Ordinance, or the keeping upon premises of refuse, garbage, and/or rubbish which is allowed to become offensive and noisome, shall be constituted a public nuisance and may be abated in the manner provided by law.

Any person who violates any provision of this Ordinance shall be guilty of a civil infraction, the penalty for which shall be a fine of not less than $25.00, nor more than $50.00, plus all costs of prosecution. Each day a condition prescribed by this Ordinance continues to exist shall be deemed a separate offense hereunder.

Codified April 29, 1986.

The City of Caspian Ordains:

Amendment to the above is as follows:

Section 2A: (new):

2A. Unauthorized use of receptacles. It shall be unlawful for any person to place, or permit another to place, any garbage, refuse or rubbish in any receptacle, at any refuse collection point or in any refuse container used in the City container collection service unless the refuse is from the premises served by the container or from the premises at which the receptacle or collection point is located.

12. as amended to include the Capitalized words:

12. Violation. Any person who violates any provision of the Ordinance shall be guilty of a civil infraction, the penalty for which shall be a fine of not less than $25.00, nor more than $50.00, plus all costs of prosecution, INCLUDING ATTORNEY FEES. Each day a condition prescribed by this Ordinance continues to exist shall be deemed a separate offense hereunder.

 

Ordained this 14th day of May, 1997.