City of Elba Ordinance: Chapter 62 - Solid Waste

City of Elba Ordinance

Chapter 62 - SOLID WASTE [1]

Footnotes: 

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Cross reference— Environment, ch. 30; septic tanks and other sewage disposal methods, § 42-56 et seq.; utilities, ch. 78. 

State Law reference— Solid Waste Disposal Act, Code of Ala. 1975, § 22-27-1 et seq.; criminal littering, Code of Ala. 1975, § 13A-7-29; general authority relative to solid waste, Code of Ala. 1975, § 11-47-135. 

ARTICLE I. - IN GENERAL 

Sec. 62-1. - Littering. 

(a) It shall be unlawful for any person to throw or deposit in the streets or other public places any bottles, glass, nails, tacks or any other material injurious to traffic. 

(b) It shall be unlawful for any person to throw, drop, leave or place any banana or other fruit peelings or refuse, tacks or glass on the sidewalks of the city. 

(c) It shall be unlawful for any person to sweep from any storehouse or office, into the streets or sidewalks of the city, any paper or other rubbish. 

(Code 1968, §§ 17-2, 17-6, 17-7) 

Cross reference— Parks and recreation, ch. 54. 

State Law reference— Criminal littering, Code of Ala. 1975, § 13A-7-29. 

Secs. 62-2—62-25. - Reserved. 

ARTICLE II. - MUNICIPAL COLLECTION AND DISPOSAL SERVICE[2]

Footnotes: 

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Editor’s note— Ord. No. 092605, §§ 1—12, adopted Sept. 26, 2005, did not specifically amend the code and has been included herein as superseding the former provisions of Art. II, §§ 62-26 and 62-36—62-39, at the discretion of the editor. Said provisions pertained to similar subject matter and derived from §§ 8-1, 8-3, 8-4 of the 1968 Code; Ord. No. 1991-13, § 8-1(a)—(d), adopted Sept. 23, 1991; and Ord. No. 1997-1, adopted Jan. 13, 1997.

State Law reference— Authority to provide for solid waste disposal, Code of Ala. 1975, § 22-27-3. 

Sec. 62-26. - Definitions. 

The following terms when used in this article shall have the meanings respectively ascribed to them, unless the context clearly indicates otherwise: 

Business/commercial. A business or commercial establishment located in a business or commercial zone and being licensed by the city. 

Commercial contractor. A person licensed and permitted by the city to collect commercial garbage within the corporate limits of the city.

Garbage. Includes all waste accumulations of animal, fruit and/or vegetable matter that attend the preparation, use, cooking, dealing in or storage of meat, fowl, fish, fruits, or vegetables; also tin cans or other containers originally used for foodstuffs, including waste and discarded materials including rubbish. 

Home occupation. A business, profession, occupation, or trade, conducted within the living area of a dwelling or within an accessory structure where a residential garbage fee is being charged. 

Residence. Single-family dwellings, duplexes, townhouses, apartments, and trailers. 

Residence unit. A polyethylene container designed to contain solid waste materials including garbage, and rubbish, and which shall have suitable wheels and a handle so it can be pushed or pulled with little effort, and can be lifted and dumped in a semi-automated manner by hydraulic dumping units attached to standard city garbage vehicles. 

Rubbish. All non-perishable solid wastes, consisting of both combustible and noncombustible wastes, such as paper, cardboard, glass, crockery, excelsior, cloth and similar materials. 

Trash. Leaves, yard clippings, limbs, debris from pruning or processing plant material, furniture, appliances, and other discarded items.

(Ord. No. 092605, § 1, 9-26-05) 

Sec. 62-27. - Collection of disposal service established.

There is hereby established in the city a garbage, trash and rubbish collection, hauling and disposal service, to be operated by the sanitation department. The collection, hauling and disposal of garbage shall be made by the sanitation department not less frequently than once each week in residential and commercial areas. Rubbish, trash, leaves, grass, straw and shrubbery trimmings shall be collected on cycles around the city. All collection schedules are subject to change due to legal holidays or weather conditions, or other circumstances deemed by the city to justify such change. 

(Ord. No. 092605, § 2, 9-26-05) 

Sec. 62-28. - Authority of sanitation superintendent to further regulate garbage and trash collection. 

The sanitation superintendent has the authority to cause to be made departmental regulations for an orderly, efficient and economically feasible residential and commercial garbage and trash collection system. 

(Ord. No. 092605, § 3, 9-26-05) 

Sec. 62-29. - Mandatory public participation. 

Every person, household, or residential property generating garbage shall participate in and subscribe to the city’s system of service and shall comply with the requirements of this article whether or not they desire the services be rendered except as provided in section 62-31. Every business, industry, or commercial property shall participate in and subscribe to the city sanitation department service or a commercial garbage contractor or a governmental entity or authority, all approved by the city and shall comply with the requirements of this article whether or not they desire the services. They shall be required to pay such collection and disposal fees that may be established by the city. The city hereby adopts the rules and regulations of the state department of public health regarding solid waste collection, transportation, storage, processing and disposal as may be amended from time to time and any local rules of the county health board that may be promulgated from time to time with regard to solid waste collection, transportation, storage, processing and disposal. The provisions of this article are mandatory and not voluntary. 

(Ord. No. 092605, § 4, 9-26-05) 

Sec. 62-30. - Providing containers; placement for emptying; repair and replacement; back entrance pick-up. 

(1) The city will provide each resident a roll-out container for the purpose of storage of garbage. 

(2) The city will provide each business or commercial establishment desiring to use the city sanitation department for garbage or refuse collection with a container or containers for the purpose of storage of garbage. 

(3) On scheduled garbage pick-up days, the resident or business will be required to place the roll-out container at the curbside not later than 6:00 a.m. and remove the roll-out container from the curbside not later than 7:00 p.m. on the same day and place the roll-out container in the rear yard out of view of the traveled way. 

(4) The resident or business will be responsible for cleaning of the roll-out container. 

(5) The city will be responsible for repair or replacement of roll-out containers damaged or stolen through no fault of the resident. 

(6) Upon proof of disability because of health, age or other reasons, the sanitation department will collect garbage from roll-out containers placed near the back entrance of such residence upon agreement with the department. 

(7) No collection personnel shall enter houses or buildings. 

(Ord. No. 092605, § 5, 9-26-05) 

Sec. 62-31. - Disposal of trash. 

(a) In residential areas: 

(1) All leaves, limbs, prunings, appliances, furniture and discarded items shall be placed behind the curb, not in the street, and will be picked up on a cycle. 

(2) All grass clippings shall be placed in plastic trash bags and sealed tightly to prevent spilling. 

(3) All sanitary pads and disposable diapers, and other materials used in the care of infants, convalescents, or bedridden people, shall be placed in double plastic, sealed airtight bags, and placed in roll-out containers for collection or scheduled garbage collection days. 

(4) Where a garbage fee is not paid at a vacant lot, unoccupied residence or building, the owner or contractor is responsible for the removal of trash and other items. One time request may be made under the requirements of section 62-36. 

(5) Building debris, such as scrap lumber, plaster, roofing, concrete, brickbats and sanding dust, resulting from the construction, repair, remodeling, removal or demolition of any building or appurtenance on private property; and dirt, stumps and tree trunks will not be removed by the sanitation department, but the owner shall cause such waste to be privately moved. 

(6) The city shall not be responsible for the collecting and hauling of rubbish, trash, limbs, brush or other debris from private property preliminary to, during or subsequent to construction of new buildings of whatever type prior to occupancy. Such material shall be removed by the owner of such property or the contractor responsible for the accumulation of the same. 

(7)  t shall be the responsibility of all fence companies, tree surgeons, pulpwood contractors, nurseries and landscape contractors or any individual or company doing work on private property to remove from premises all residue and rubbish resulting from such work. 

(b) In commercial areas: 

(1) Trash collection shall be as needed and/or requested. 

(2) When needed or requested the placement and disposal shall follow the same rules for residential areas. 

(3) Rates and charges are established in section 62-36. 

(Ord. No. 092605, § 6, 9-26-05) 

Sec. 62-32. - Commercial garbage collection. 

The collection of all commercial garbage and trash shall be provided by the city sanitation department or a commercial garbage contractor who is licensed by and has a current permit from the city to operate within the city or a governmental entity or authority approved by the city. 

(Ord. No. 092605, § 7, 9-26-05) 

Sec. 62-33. - Unauthorized removal of garbage from containers. 

It shall be unlawful for any person to remove any garbage, rubbish or other like material from any garbage can or other container, within the city, after it has been placed therein except under the order of an officer, agent or employee of the sanitation department or by some other authorized person removing same for disposal. 

(Ord. No. 092605, § 8, 9-26-05) 

Sec. 62-34. - Dumping other than in containers. 

No person shall place or cause to be placed upon the public streets, sidewalks or alleys of the city any garbage, trash, refuse or other waste unless the same be placed in a garbage or trash container as herein provided. 

(Ord. No. 092605, § 9, 9-26-05) 

Sec. 62-35. - Businesses not to sweep trash into streets or curblines. 

It shall be unlawful for any firm or business house to permit the residue from its sweeping of buildings, parking areas or sidewalks to be swept into curblines or streets, but they shall have such residue or trash place in proper receptacles. 

(Ord. No. 092605, § 10, 9-26-05) 

Sec. 62-36. - Rates and charges for collection services. 

Beginning with the services rendered for the month of December 2022, and becoming due and payable on January 1, 2023, and continuing thereafter, the following charges shall be made and collected by the city for the collection, hauling and disposal of garbage and trash. 

(1) Eighteen dollars per month of each dwelling house, mobile home, trailer or other occupied dwelling and for each apartment in apartment houses, or complexes and for each trailer in trailer parks; and the owner of each said apartment house or complex shall be liable for the garbage fee on each mobile home or house trailer in said trailer park. For each additional container provided there shall be a charge of twelve dollars per month. 

(2) For each dwelling house, mobile home, trailer, or other occupied dwelling and for each apartment in apartment houses, or complexes and for each trailer in trailer parks when the total household income is solely dependent upon Social Security in-come there shall be an exemption as provided in the Code of Ala. 1975, § 22-27-3, and as subsequently amended.  

(3) For each unoccupied dwelling house, mobile home, trailer or other unoccupied dwelling and for each unoccupied apartment in apartment houses or complexes and for each unoccupied trailer in trailer parks. Whose owner shall request a one time garbage pickup or service there shall be a charge of $14.00. For the second request within one calendar year at the same dwelling, mobile home, trailer or apartment the same shall be charged a monthly collection fee as if occupied. 

(4) All trash, weeds, cutting from trees, lawns and gardens and discarded items picked up at occupied residences shall be charged at the rate set forth in subsections (1) and (2) above unless there is one-half trailer load (ten cubic yards) or more, in which case an extra fee will be added. This fee will be reviewed by the Elba City Council from time to time and set by resolution. 

(5) For each unoccupied dwelling house, mobile home, trailer, any other unoccupied dwelling, and for each vacant lot whose owner shall request a one-time trash pickup or service and which service meets the requirements of section 62-28 shall be charged a one-time fee of $25.00. When the one-time pickup or service also meets the additional charges as specified in subsection (6) above, the $25.00 fee shall be charged in addition to the fee in subsection (6) above. For the second request at the same dwelling, mobile home, trailer or apartment within one calendar year the same shall be charged a monthly collection fee as if occupies. 

(6) Twenty- five dollars per month for each dwelling house, mobile home, trailer, occupied dwelling or property which contains a home occupation, home business, or other retail businesses. For each additional container provided there shall be a charge of ten dollars per month. For additional pick-ups per week, rates will be as follows: 

One time per week ..... $25.00

Two times per week ..... $30.00

Three times per week ..... $35.00

Four times per week ..... $40.00

Five times per week ..... $45.00

(7) Rates and charges for business or commercial establishments shall be determined, established, modified or amended from time to time by recommendation of the city clerk/treasurer of the City of Elba and set by Council Resolution. The city is authorized to enter into contracts or service agreements with business or commercial establishments that desire service by the city. 

(8) For each business or commercial establishment requesting trash pick up service there shall be a charge of $25.00. When the pick up or service also meets the minimum of one-half trailer load or more the fee shall be $100.00 per one-half trailer load in addition to the $25.00 charge. 

(9) Waste oil will not be picked up, however the city will provide a site at the sanitation department where residents may dispose of waste oil. 

(10) The practice of moving, transporting, or otherwise in any way deceptively locating garbage or trash to another location other than its originating location for the purpose of avoiding payment shall be unlawful and considered theft of services and punishable as provided by law. 

(Ord. No. 092605, § 11, 9-26-05; Ord. No. 2122007-1, 2-12-07; Ord. No. 10122009, 10-12-09; Ord. No. 02112013, 2-11-13; Ord. No. 04112016 , 4-11-16) 

Sec. 62-37. - Billing; collection agent. 

(1) All bills for service shall be rendered monthly on the same statement rendered by the utilities board of the city for water and sewer services and handling in the same manner as prescribed by the utilities board. 

(2) The utilities board is hereby designated as the agent for collection of garbage fees, and such board shall remit the same to the city clerk on a weekly basis; provided, however, that where the person liable for the fees prescribed has no water or sewer service furnished to such person by the board, such fees shall be paid by such person to the office of the city clerk on a monthly basis, such payment shall be due by the first day of each month and such payment shall be delinquent after the 15th of each such month. 

(3) Failure to pay the charges herein provided shall constitute a violation of this article and shall be unlawful, and shall be punishable as provided by law. 

(Ord. No. 092605, § 12, 9-26-05) 

Resolution 11142022B

Trash Rate

In accordance with Elba Ordinance Section 62-36 (6) be it resolved that the City of Elba Council sets the rate for trash pickup of trash one-half trailer load (ten cubic yards) or more as one-hundred dollars per load. 

Adopted this the 14th day of November 2022.

/s/ Tom Maddox

Tom Maddox, Mayor

ATTEST:

/s/ Sally Bane

Sally Bane, City Clerk

Resolution 11142022C

Business or Commercial Garbage Fees

In accordance with Elba Ordinance Section 62-36 (9) be it resolved that the City of Elba Council sets the rate for business and commercial establishment as follows:

(See attached chart)

/s/ Tom Maddox

Tom Maddox, Mayor

ATTEST:

/s/ Sally Bane

Sally Bane, City Clerk                                                                              11/24-chg