715.01 Purpose.
The purpose of this Section is to require mandatory separation of
recyclables to aid and promote collection and disposal by means other than
deposit in a sanitary landfill or by burning.
715.02 Definitions.
Unless the context clearly indicates otherwise, the following terms shall
have the meanings given in this Subsection.
Dwellings.
Those dwellings described at (i), (ii) and (iii) of the definition of
Premises in this Subsection.
Premises. (i) All single family dwellings now or hereafter located in the Single
Dwelling Unit District (R-1), (ii) all double dwellings now or hereafter
located in the Double Dwelling Unit District (R-2), (iii) all dwelling units
in a building in a Planned Residence District (PRD or PSR) or Mixed
Development District except, however, those in a building in the PRD-5
subdistrict, (iv) all buildings in a PRD-5 subdistrict, (v) all buildings or
parts of buildings now or hereafter owned by or leased to the City and
located in the City, except, however, park shelters or park toilet
buildings, and (vi) all buildings or parts of buildings now or hereafter
owned by or leased to the School District and located within the City. The
location of a dwelling or a building in any zoning district and definitions
of terms used in this Subdivision shall be as set forth in Section 850 of
this Code.
Recyclables.
Newsprint, corrugated paper, glass containers, aluminum foil and cans, tin
cans, steel cans, bi-metal cans and plastic bottles reasonably free of food,
dirt and other contaminants. Also included as a recyclable is any other
material that the City may hereafter be required to collect as a recyclable
by the County. For purposes of this Section, recyclables shall not be
refuse, as defined in Section 705 of this Code.
Resident. (i) Every person who is an owner or occupant of a dwelling, (ii) the City as
to the buildings or parts of the building described at (v) of the definition
of Premises in this Subsection, and (iii) the School District as to
buildings or parts described at (vi) of the definition of Premises in this
Subsection.
School District.
Independent School District No. 273.
715.03 Separation and Storage of Recyclables.
Subd.
1 Responsibility of Separating Recyclables. Every resident of
every premises except the premises described at (iv) of the definition of
Premises in Subsection 715.02 shall separate the recyclables from their
respective premises from all other refuse, as defined in Section 705 of this
Code. As to the premises described at (iv) of the definition of Premises in
Subsection 715.02, it shall be the obligation and responsibility of the
manager or owner of such premises, and not of the individual occupants, to
separate recyclables as required by this Subdivision.
Subd. 2
Containers for Recyclables. Containers for storage of recyclables shall
be kept in the same location as is designated by Section 705 of this Code
for refuse containers. Residents of those dwellings described at (i) and
(ii) of the definition of Premises in Subsection 715.02, residents of
townhouses as defined in Section 850 of this Code, and residents of dwelling
units in buildings with eight units or less (in this Code called "multi-unit
buildings"), not earlier than 12 hours prior to the day scheduled for
collection of their recyclables, shall place the container holding the
recyclables next to the street or at the curb adjoining the dwelling
property or multi-unit property or at the alley if the dwelling or
multi-unit building has refuse collection service at the alley. Within 12
hours after the scheduled collection, the containers and any material not
collected shall be returned by the resident of such dwelling to the same
location designated for storage by this Subd. 2.
Subd.
3 Storage of Recyclables. Recyclables shall be stored in
containers designed for the storage of recyclables. The contents of such
containers shall be regularly collected and disposed of in accordance with
Subsections 715.04 and 715.05. The containers and surrounding area shall be
maintained in such condition and manner so as to prevent rodent and insect
harborage. Any accumulation of recyclables not maintained as provided in this
Subsection is declared to be a nuisance and shall be abated and costs charged
to the property in which the nuisance is located in accordance with Subsection
705.07 of this Code.
715.04 Collection of Recyclables.
Subd.
1 Selecting and Paying Hauler. Collection of recyclables from
premises shall be by a hauler selected and paid by a resident of the premises
or by a manager of the premises or by an association governing the premises,
but which hauler is then duly licensed by the City under Section 1300 and
other applicable provisions of this Code. The collection shall be done in
compliance with all applicable provisions of this Code.
Subd.
2 City Contract with Hauler. The foregoing provisions of
Subd. 1
of this Subsection notwithstanding, the City, at any time and from time to
time, may contract with a hauler for collection of recyclables from some or
all premises. If the City so contracts, the recyclables shall be collected
from the premises covered by such contract by the hauler under contract with
the City and on terms and conditions set out in such contract.
Subd.
3 Disposal by Resident. Neither the provisions of
Subd. 1 or Subd.
2 of this Subsection, or any other provisions of this Section, shall prevent
any resident from disposing of such resident's recyclables without the use of
a paid hauler or the City collector, but such resident shall comply with the
provisions of Subsection 715.05.
Subd.
4 Reporting Recyclables. The manager or governing association of
premises as defined at (iii) and (iv) of the definition of Premises in
Subsection 715.02, shall report to the Manager, upon written request from time
to time made by the Manager or Manager's designee, and on forms prescribed by
the Manager or Manager's designee, such information relative to the program
for separation, storage and collection of recyclables then in effect for such
premises as the Manager or Manager's designee, shall request.
715.05 Disposal of Recyclables.
Recyclables collected from premises shall not, in any event, (i) be deposited
in any landfill, (ii) be burned in any incinerator, or (iii) be deposited or
distributed in any way or manner which is contrary to then applicable
provisions of this Code or State law. Provided, however, that the
restrictions at (i) and (ii) above shall not apply to recyclables which are
deposited in a landfill or burned pursuant to specific prior written approval
granted by the County and consented to, in writing, by the City. Residents
shall take such action as is reasonable under the circumstances to determine
that recyclables are not disposed of contrary to the provisions of this
Subsection.
715.06 Reports to City.
As and when requested by the City, the City and School District shall require
the haulers of their respective recyclables, who are not under contract with
the City, to keep complete and accurate records of the total tons of
recyclables collected each month from their respective premises, together with
the actual weight or percentage of the total that each recyclable material
represents, and the markets used for the sale of and primary purchasers of
such recyclables. The records shall be sent to the City upon request. The
City and School District shall also require their haulers, who are not under
contract with the City, to prepare and submit to the City, at the request of
the City, any other reports, data and information relative to the separation,
collection and disposal of recyclables as may be required by provisions of
this Code or State law as applicable, or which may be requested of the City by
the County. All such records, reports, data and information, once received by
the City, shall become the property of the City to be used as it shall
determine without obligation to any person.
715.07 Controlling Effect.
The provisions of this Section shall control over any contrary or inconsistent
provisions of Section 705 of this Code.
History:
Ord 715 adopted 6-14-89; amended by Ord 715-A1 12-19-9; amended Ord 2000-9,
Ord. No. 2006-08, 11-06-06
8-15-00
Cross
Reference: Sections 705, 850, 1300
