8.08.025 Frequency, time and areas of collection.
8.08.035 Unauthorized collection.
8.08.040 Refuse and commercial containers.
8.08.050 Refuse and commercial containers to be safe.
8.08.060 Pre-collection practices.
8.08.080 Points of collection.
8.08.090 Collection practices.
8.08.100 Special refuse disposal problems.
8.08.105 Collection, disposal and processing of yard waste and recyclable materials; fee for collection sticker, disposal cart, and recyclable materials.
8.08.110 Collection, disposal, and collector's license.
8.08.120 License fee.
8.08.140 Enforcement and penalties.
8.08.150 Interference with enforcement.
The purpose of this chapter is to regulate the disposal of solid waste to protect the public health, public safety and the environment. (Ord. 96-193 § 2: Ord. 82-205 § 2).
For the purposes of this chapter, the following words shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
1. "Building materials" means any material including, but not limited to, lumber, brick, concrete, plaster, plaster board, gutters, floor coverings, or other substances accumulated as a result of repairs or additions to existing buildings, construction of new buildings, or demolition of existing structures.
2. "Bulky waste" means large, bulky solid waste such as appliances, furniture and tires.
3. "Business waste" means any waste accumulation of paper and cardboard, excelsior, rags, garbage, or other materials which are usually attendant to operation of stores, offices and similar businesses.
4. "Brush tie" means a sturdy piece of biodegradable twine or rope.
5. "City" means the city of Davenport.
6. "City of Davenport yard waste container affixed with a collection sticker" means a two-ply kraft paper bag affixed with a sticker approved by the city of Davenport.
7. "Commercial establishment" means any retail, manufacturing, wholesale, institutional, religious, governmental establishment or multiple residential units.
8. "Commercial container" means a vermin-proof and waterproof unit of varying capacities which is used for collecting, storing, or transporting building materials or refuse by private collectors. The container shall be constructed with a lid so that material deposited therein cannot be carried or deposited by the elements upon any public or private property.
9. "Department of public works" means the department of public works of the city of Davenport.
10. "Dwelling unit" means one or more rooms designed, arranged or used as living quarters for one family.
11. "Family" means one or more persons living as a single housekeeping unit, whether or not related to each other by birth, adoption, or marriage, but no unrelated group shall consist of more than five persons.
12. "Garbage" means all solid and semi-solid, putrescible animal and vegetable wastes resulting from the handling, preparing, cooking, storing, serving and consuming of food or of material intended for use as food, and all offal, excluding useful industrial byproducts, and shall include all such substances from all public and private establishments and from all residences.
13. "Hazardous waste" materials including, but not limited to, poison, acids, caustics, chemicals, infected materials, offal, fecal matter and explosives. The generating, storing, transporting or disposal of hazardous waste must be handled in full compliance with Section 3001 of Resource Conservation and Recovery Act of May 9, 1980 and subsequent revisions.
14. "Health department" means the Scott County Health Department.
15. "Household waste" means every waste accumulation of paper, sweeping, dust, rags, bottles, cans or other matter of any kind, other than garbage, which is usually attendant to housekeeping.
16. "Industrial waste" means all waste, including solids, semi-solids, sludges, and liquids, created by factories, processing plants or other manufacturing enterprises.
17. "Litter" means refuse, hazardous waste and building materials or any other discarded, used or unconsumed substance which is not handled as specified herein.
18. "Loading and unloading area" means any river or land dock, space or area used by any moving vehicle for the purpose of receiving, shipping and transporting goods, wares, commodities and persons.
19. "Multiple residential unit" means any apartment, group of apartments, or condominium containing four or more dwelling units.
20. "Person" means an individual and any form of business organization authorized under the laws of this or any other state.
21. "Public refuse container" means a rigid metal or plastic container used for refuse, of substantial construction, vermin-proof, with handles and lids or of a design such that refuse can be easily deposited therein but such that refuse once deposited therein cannot be carried or deposited by the elements upon any public or private property. The container shall be of such weight or shall be securely fastened to the ground so that it cannot be overturned by high winds. The container shall be labeled with "Deposit Litter Here" or other similar wording or appropriate symbols.
22. "Recyclable materials" means waste that is designated by the city as part of a special collection for processing for reuse including but not limited to food container glass, aluminum, steel (tin) cans, #1 and #2 plastics, uncontaminated newspapers and glossy paper (magazines) and cardboard shall be considered uncontaminated if they have not been exposed to substances or conditions rendering them unusable for recycling.
23. "Refuse" means putrescible and nonputrescible wastes including but not limited to garbage, rubbish, household waste, ashes, incinerator ash, incinerator residues, street cleanings, market and industrial solid wastes and sewage treatment wastes in dry or semi-solid form.
24. "Refuse container" means a plastic container of one of three sizes that is provided by the city of Davenport specifically for residential solid waste collection.
"Refuse container" also includes two-ply kraft paper bags meeting the standards set for refuse sacks by the Technical Associations of Pulp and Paper Industry and polyethylene plastic bags meeting the standards set for trash bags by the Society of Plastic Engineers. Such receptacles shall be in good and serviceable condition and of such shape, size and weight that, when full, they are capable of being safely handled by one person without tearing or breaking apart. Paper or plastic bags shall be closed by a tight sealing method of suitable type, such as drawstring, wire tie, or multiple folds. Containers shall be kept covered or closed at all times.
25. "Residential unit" means a legally described parcel of land not subject to a Horizontal Property Regime under Iowa Code Section 499B upon which no more than three dwelling units are located or consists of multi-family units having individual collection points as determined by the public works director or designee. Less than four dwelling units on a parcel of land zoned C-O or more intensive which share a building with a commercial establishment are not considered residential units for purposes of Section 8.08.090 of this chapter as determined by the public works director or designee.
26. "Rubbish" means nonputrescible solid waste consisting of combustible and noncombustible wastes, such as ashes, paper, cardboard, tin cans, wood, glass, bedding and crockery.
27. "Rubble" means stone, brick or similar inorganic material.
28. "Small dead animals" means cats, dogs, small household pets, and other animals of similar size not exceeding fifty pounds.
29. "Solid waste" means garbage, refuse, rubbish and other similar discarded solid or semi-solid materials, including but not limited to such materials resulting from industrial, commercial, agricultural, and domestic activities. Solid waste does not include hazardous waste.
30. "Yard waste" means organic debris such as grass clippings, leaves, garden waste, brush clipping and trees. Yard waste does not include tree stumps. (Ord. 2006-173 § 1: Ord 2006-105: Ord. 96-193 § 3: Ord. 94-185 § 1: Ord. 90-257 § 1: Ord. 89-70 §§ 1-3: Ord. 82-205 § 3).
Collections shall be made at least weekly between the hours of 7:00 a.m. and 9:00 p.m. from residential units in the city of Davenport according to a schedule determined by the director of public works or the director's designee. Such schedule may be altered from time to time as deemed necessary by the director of public works or the director's designee. Private solid waste haulers shall not make waste collection within five hundred feet of a residential zone before 7:00 a.m., unless they are collecting waste from an accredited public or private elementary or secondary school during the scheduled regular school year, in which case the collection may not be made before 6:00 a.m. Penalty for violation of the hours of collection by private solid waste haulers shall be set at one hundred dollars. (Ord. 2001-444: Ord. 98-538: Ord. 98-54: Ord. 96-193 § 4).
No person shall collect, pick up or cause to be removed any solid waste or recycling material which has been placed at the point of collection for a residential unit unless authorized by the city of Davenport. (Ord. 96-193 § 6).
It shall be required of every person in possession, charge or control of any place in or from which solid waste is accumulated or produced to provide and at all times to keep in a suitable place readily accessible to the city collection crews or private collective agencies, adequate and suitable refuse containers, as described herein, capable of holding all such waste materials which would ordinarily accumulate between the times of successive collections. Container lids must remain closed at all times except during deposit or collection of solid waste. The department of public works and the health department are designated as the agencies to determine the quantity and location of said refuse containers and to determine whether said refuse containers, and commercial containers, are serviceable. (Ord. 2008-278: Ord. 96-193 § 7: Ord. 82-205 § 5).
All refuse containers and commercial containers as required hereunder shall be of safe construction and design and shall be maintained in good and serviceable condition at all times. Any containers which do not conform to the provisions of this chapter, or which have ragged or sharp edges or any other defects likely to hamper or injure the person collecting the contents thereof or the public generally, shall be promptly replaced upon notice. If said container(s), after proper notice, has not been replaced, the department of public works or the health department shall have the authority to remove said container(s) as refuse. (Ord. 96-193 § 8: Ord. 82-205 § 6).
A. Garbage. All garbage being placed in commercial containers or refuse containers for collection shall have drained from it all free liquid and shall be wrapped, bagged or enclosed in plastic material.
B. Household Waste. All household waste shall be drained of all liquids prior to its deposit in commercial containers or refuse containers. Household waste may be combined with garbage.
C. Dangerous Waste Items. All dangerous waste items, and all waste material of an injurious nature, such as broken glass, light bulbs, sharp pieces of metal, and fluorescent tubes, shall be securely wrapped to prevent injury to the collection crews. Unwrapped dangerous waste items shall not be placed in two-ply kraft paper bags or polyethylene plastic bags and placed for collection by the city.
D. Separation of Yard Waste Required. All yard waste shall be separated by the owner or occupant from all other garbage and refuse and either shall be: composted on the premises; placed in a two-ply kraft paper bag affixed with a city of Davenport collection sticker; placed in a disposal cart supplied by the city for automated collection; or tied in bundles with a brush tie for city collection. Commercial haulers must also collect yard waste separately effective January 1, 1991.
E. Separation of Recyclable Materials Required. Recyclable material must be clean and separated from other refuse. (Ord. 2006-105: Ord. 97-146 § 1: Ord. 96-193 § 9: Ord. 94-185 § 2: Ord. 90-257 § 2: Ord. 82-205 § 7).
Refuse shall be placed out for collection: i) in a manner which provides collection personnel unobstructed access to it; and ii) in the following locations:
A. Where city collections are made from the alley, refuse containers shall be placed at the rear of the residential unit within two feet of the edge of the traveled portion of the alley.
B. Where city collections are made from the street, refuse containers shall be placed between the curb line and the sidewalk, or, if no sidewalk exists, within two feet of the curb line. In any event, refuse containers shall not be placed upon any public sidewalk or street.
C. Regardless of subsections A and B, the department of public works, the department of community and economic development, and the health department shall have the authority to specify the proper location for collection for any given parcel of private property within the city.
There shall be only one point of collection per residential unit. (Ord. 2006-105: Ord. 98-155 § 1: Ord. 96-193 § 11: Ord. 82-205 § 9).
A. Residential. Refuse from residential units which is stored and located as provided in this chapter shall be collected in accordance with the schedule prescribed by the director of public works or the director's designee under Section 8.08.025, provided the quantity of refuse to be collected by the department of public works shall not exceed an amount that can be contained within the refuse containers provided by the city. Refuse placed within the city provided container shall not rise above the rim of the container and shall not be compressed so tightly as to prevent the material from being dumped upon the first tipping of the container. City employees will not reach into the container. Refuse containers shall not be loaded so they exceed the manufacturer's weight limit for the container, which limit is imprinted on the container. Refuse that exceeds the amount that will fit into the container will be collected by the city crew provided that it is properly bagged in plastic bags affixed with a city refuse sticker that may be purchased at grocery stores, other retail outlets, or from the city.
B. Time of Placement and Removal. Refuse and yard waste containers shall not be placed at the point of collection earlier than 7:00 p.m. on the day before the collection day or later than 7:00 a.m. on the day of collection. Containers shall be promptly removed from the point of collection after the refuse has been collected. In no event, shall the customer allow refuse containers to remain at the point of collection past midnight on the day of collection.
C. Commercial Establishments. Litter from commercial establishments shall be collected, removed, and disposed of by the owner or contractor of the building site causing same.
D. Building Materials. The department of public works will collect no more than one city supplied refuse container of building materials from each residential unit per week per dwelling unit within the residential unit. Excess building materials shall be disposed of by the owner or contractor.
E. Dead Animals. Small dead animals will be collected by the city during operating hours of the department of public works provided the body is in a paper bag or plastic bag meeting the requirements of Section 8.08.020Q in a location accessible to the collector on the property line. Owners of large dead animals shall be responsible for their removal and disposal.
F. Yard Waste. Yard waste from residential units in two-ply kraft paper bags with city collection stickers affixed, in disposal carts supplied by the city for automated collection, or tied in bundles with brush ties shall be collected by the city. Brush and brush clippings more than one-fourth inch in diameter, trees and shrubbery shall be tied by brush tie.
G. Tree and Shrubbery Trimmings. No tree trunks, branches, limbs or shrubbery trunks larger than six inches in diameter, longer than five feet in length, or heavier than fifty pounds shall be collected by the city. Tree and shrubbery limbs shall be collected if they are securely tied with a brush tie in bundles no more than five feet long or heavier than fifty pounds. Tree and shrubbery branches, limbs and trimmings cut by landscape or tree service contractors or other commercial workers, or resulting from clearance of land shall not be collected by the city.
H. Recyclable Material. Recyclable material must be separated from other refuse, placed in approved containers as designated by the city and placed at the point of collection for collection along with other refuse.
I. Bulky Waste. Bulky waste will be collected from residential units by the city in the manner specified by the director of public works or the director's designee.
J. Carpet. Carpet will be collected from residential units at the normal point of collection if it is securely tied in bundles that are not more than four feet in length and fifty pounds in weight. (Ord. 2006-105: Ord. 2004-105 (part): Ord. 97-146 § 2: Ord. 96-193 § 12: Ord. 94-185 § 3: Ord. 90-257 § 3: Ord. 82-205 § 10).
A. Contagious Disease Refuse. The removal of clothing, bandages, bedding, or other refuse from homes or other places where highly infectious diseases have prevailed shall be performed under the supervision and direction of the health department. Such refuse shall not be placed in containers for city collection.
B. Hypodermic Instruments. Hypodermic instruments, such as syringes and lancets, shall be placed in a disposable container made of hard plastic or metal with a securely closed lid. The container shall be separated from all other refuse awaiting collection.
C. Ashes. Ashes from fireplaces and wood-burning stoves that are to be hauled by the city must have been wetted and cool to the touch prior to collection. Ashes shall be placed in a sealed disposable paper or plastic bag meeting the requirements of Section 8.08.020Q.
D. Cardboard Boxes and Cartons. Prior to depositing cardboard boxes and cartons for collection in refuse containers or as recyclable materials, the person disposing of any such boxes or cartons or the person in charge of the premises shall collapse large bulky waste boxes and similar cardboard boxes, cartons and crates.
E. Hazardous Waste. No hazardous waste shall be placed in any refuse containers or commercial containers used for collection of refuse by the city or private collector. Hazardous waste is to be transported by the owner, his agent, or a responsible person to a place of safe deposit as prescribed by Section 3001 of the Resource Conservation and Recovery Act under the guidance of the United States Environmental Protection Agency. The city shall not collect, transport, or dispose of hazardous waste of any kind.
F. Motor Oil. The city shall not provide for the collection of motor oil from residential units. It shall be unlawful to dump motor oil in any sanitary or storm sewer within the city of Davenport.
G. The city shall not provide for the collection of vehicle parts from residential units. (Ord. 2004-105 (part): Ord. 96-193 § 13: Ord. 90-257 § 4: Ord. 82-205 § 11).
The collection, disposal and processing of solid waste services, including but not limited to garbage, yard waste, recyclable materials and bulky waste as provided in this chapter is declared a benefit to the property served or eligible to be served. The city council by resolution shall set the amount of fee for the collection of solid waste services. (Ord. 2004-179 § 1: Ord. 97-146 § 3: Ord. 96-193 § 14: Ord. 94-185 § 4: Ord. 90-257 § 5).
Private collectors shall make their collections only in trucks which are approved by the Scott County Health Department and licensed by the city clerk, who shall cause to be issued a license which shall be valid from April first of any year to March thirty-first of the subsequent year. All private collectors shall comply with all rules and regulations concerning solid waste disposal promulgated by the Waste Commission of Scott County. (Ord. 2005-06: Ord. 96-193 § 15: Ord. 82-205 § 12).
The license fee for each refuse truck shall be fifty dollars per year. (Ord. 96-193 § 16: Ord. 82-158 § 47).
A. The administration and enforcement of the provisions of this chapter shall be the duty of the department of public works, the department of community and economic development, and the health department.
B. The owners or agents, tenants or lessees of all residential units and commercial establishments shall be responsible for compliance with this chapter.
C. Anyone who violates the provisions of this article is guilty of a municipal infraction and upon conviction shall be fined as follows:
1. First offense $100.00
2. Second offense $150.00
3. Subsequent offenses $250.00
In addition to the civil fine, the city may seek equitable relief or take other abatement actions. Each day a violation exists shall constitute a separate offense.
D. Unauthorized Accumulations. Any unauthorized accumulation of solid or hazardous waste which remains on private or public property, other than a sanitary disposal project, is hereby declared to be a public nuisance and is prohibited. All owners of property in violation of this section shall cooperate with the health department and department of public works in formulating a plan to eliminate any future dumping on the property. Nothing contained herein shall preclude the city from seeking alternative relief to abate the nuisance and prevent its recurrence.
E. Whenever in the judgment of the director of public works or of the director of the health department an emergency or immediate health hazard exists which requires immediate action to protect the public health, safety or welfare, such emergency may be ordered abated without prior notice by directing the person or persons responsible for the existence of the emergency or the person or persons owning or occupying the property upon which the emergency is located to take appropriate action to correct or abate the emergency. If the person ordered to abate the emergency neglects or fails to abate as ordered, the city may perform the required action to abate, and assess the costs as by law provided. (Ord. 2007-268 § 1: Ord. 2002-31 §§ 10, 11: Ord. 98-155 § 2: Ord. 96-193 § 18: Ord. 90-257 § 7: Ord. 89-70 § 7: Ord. 84-611 § 1: Ord. 82-205 § 14).
Any person who knowingly resists or obstructs anyone known by that person to be an official authorized to enforce this chapter in the performance of any act within the scope of this chapter, commits a simple misdemeanor. (Ord. 96-193 § 19: Ord. 82-205 § 15).
* Editor's Note: Former Chapter 8.08 entitled "Refuse Collection" was repealed by Ordinance No. 82-205, adopted April 7, 1982. A new Chapter 8.08 entitled "Solid Waste Disposal" was enacted in lieu thereof, by the same ordinance.
* Editor's Note: Former Section 8.08.030, Deposit, accumulation, and burning of refuse prohibited, previously codified herein was renumbered to be Section 8.14.380 by Ordinance No. 2002-31.
* Editor's Note: Former Section 8.08.070, Storing of solid waste, previously codified herein, was renumbered to be Section 8.14.390 by Ordinance No. 2002-31.
* Editor's Note: Former Section 8.08.130, Maintenance of property, previously codified herein was transferred to be Section 8.14.400 by Ordinance No. 2002-31.