Sec. 10-1.  Definitions. 

 

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

 

Garbage shall mean all putrescible wastes resulting from the growing, handling, preparation, cooking or consumption of animal, fruit or vegetable matter.

 

Independent contractor shall mean any person that inde­pendently contracts with the public for hire to collect, haul or dispose of wastes.

 

Refuse shall mean all putrescible and nonputrescible solid wastes, including garbage, rubbish, ashes, street cleanings, dead animals and industrial wastes.

 

Rubbish shall mean all nonputrescible wastes, consisting of both combustible and noncombustible wastes, such as paper, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery and similar materials.

 

Wastes shall mean any other unwanted substance, whether solid, liquid or gas.

 

Sec. 10-2.  Rules and regulations.

 

The city health official or his designee shall establish such rules as may be necessary for the effective administration and enforcement of this chapter.

 

Source: Ord. No. 3859, § 6, 3-16-92

 

Sec. 10-3.  Removal of garbage.

 

It shall be the duty of every owner or person in possession, charge or in control of any premises to remove or cause to be removed from said premises accumulated garbage, refuse, rubbish or waste material.

 

Sec. 10-4.  Containers--Generally.

 

(a)   It shall be the duty of every owner or occupant of any residential and nonresidential premises where meals are served, or where garbage or refuse is created or accumulated to provide portable metal or plastic, water-tight, rodent proof and insect proof containers, equipped with tight-fitting lids and handles for easy handling.  Such receptacles shall not be larger than thirty-two (32) gallons in size and each owner or occupant of any residential premise shall have a sufficient number of containers for receiving and holding all refuse and garbage during the period between days of collection.

 

(b)   Other refuse containers that may be used are as follows:

 

(1)        Residential and nonresidential premises may use de­tachable containers, (dumpster type), provided said con­tainers are kept clean, odor-free and in good repair.

 

(2)        Reserved.

 

(3)        Fifty-five-gallon metal barrels shall not be permitted as garbage receptacles at any residential premises and shall not be permitted at nonresidential premises, un­less emptied by the owner or occupant of the premises into an approved garbage receptacle, no less frequently than once every forty-eight (48) hours.

 

(4)        Plastic garbage bags, collapsible in nature, may be used for the storage of leaves, grass, hedge and brush clip­pings only.

 

(5)        Adequate temporary facilities shall be provided at the job site of any building being constructed, remodeled, repaired or demolished to contain any waste materials that might be subject to blowing away from the property.  Such tempo­rary facility is to be maintained in accordance to section 10-8.

 

(6)        Any multiple-family dwelling with more than four (4) dwelling units located therein may be required within thirty (30) days after notification by the Planning and Development Department to provide detachable containers (dump­ster type) for the accumulation of trash, garbage or refuse at said location.

 

Source: Ord. No. 3058, § 1(16), 3-1-82; Ord. No. 3154, § 2, 10-3-83; Ord. No. 3859, § 7, 3-16-92; Ord. No. 5563, § 34, 8-20-18;

 

Sec. 10-5.  Same--Duty to keep clean.

 

It shall be the duty of every owner or person in possession, charge or control of any premises to keep refuse containers clean and free from offensive odors and so placed as not to create a nuisance or hazard to any citizen.

 

Sec. 10-6.  Same--Placement.

 

All receptacles and cans used for the collection of garbage, refuse, rubbish and waste, shall be kept in the rear yard or side yard of premises, or at a convenient place upon the premises to facilitate the collection thereof, but not within the front yard of the premises or the right-of-way of any street or alley.  In all areas where alleys exist, such receptacles shall be placed solely in the rear yard of the premises.  Any residential owner or person in possession of a premises without an existing alley, may place garbage receptacles or other containers adjacent to the street curb only on the day scheduled for garbage collection. 

 

Source: Ord. No. 5011, § 1, 6-16-08

 

Sec. 10-7.  Tree limbs and branches.

 

All tree limbs and branches to be picked up as rubbish or refuse shall be cut so that none shall be more than four (4) feet in length, three (3) inches in diameter and the same shall be tied in bundles not to exceed fifty (50) pounds in weight.  Any such limb or branch exceeding four (4) feet in length or three (3) inches in diameter shall be removed by the owner or person in possession, charge or control of said premises.

 

Sec. 10-8.  Disposal of construction waste.

 

All accumulation of waste occasioned by the demolition, con­struction, alteration, remodeling, rebuilding and repairing of build­ings or structures shall be removed and disposed of by owner or contractor.  Following notification by the city health official or his designee, if such creates a nuisance or hazard, it shall be removed and disposed of by the owner or contractor no later than fifteen (15) days from date of the notice.

 

Source: Ord. No. 3859, § 8, 3-16-92

 

Sec. 10-9.  Sectionalization of city; designation of pickup dates.

 

(a)   The city council may, from time to time, by resolution designate areas or sections of the city, within which all garbage, refuse, rubbish and waste shall be collected by a licensed garbage collector only within times, or upon days of the week specifically designated and authorized for the collection of garbage in each respective sectionalized portion of the city as may, from time to time, be provided by the city council upon resolution.

 

(b)   In the event that the city council sectionalizes the city and designates garbage collection dates, as provided by the preceding section, then it shall be the duty of each licensed garbage collector, collecting or contracted to collect garbage from a resident of the city within an area so sectionalized, on the dates specified by the city council for garbage collection.

 

Secs. 10-10--10-20.  Reserved.

 

Sec. 10-21.  Permit.

 

(a)   It shall be unlawful for any person or entity to collect and/or trans­port garbage, refuse, rubbish or waste for hire without first ob­taining a permit from the city clerk's office.  If the applicant's equipment proposed to be used is approved by the health official or his or her designee, the city clerk shall issue such permit following approval by the city council.  Permits authorized to be issued and the cost thereof shall be a garbage permit, which shall entitle the permittee to collect garbage, refuse and rubbish.  Any permit in existence as of December 31, 1999, shall be extended through March 31, 2000, without the payment of any additional fee.  Any permit initially issued after December 31, 1999, and before March 31, 2000, shall be issued without a fee and shall expire March 31, 2000.  Any permits which would otherwise expire on March 31, 2000, may be extended by the city council by subsequent enactment of a resolution extending the permits.

 

(b)   If any permittee under this article violates any of the provisions of this chapter, in addition to the prosecution of such permit­tee for an offense as provided in this Code, the city council may, by certified mail, summon the permittee to appear before the city council and show cause why permittee’s permit to collect and transport garbage, refuse, rub­bish and waste, or any other permits held by permittee as provided by this chapter should not be revoked.  The city council, after holding such hearing, shall take such action as it deems necessary and proper, which action may include the suspension or revocation of the per­mit.

 

(c)   It shall be unlawful, except as set forth herein, for any garbage hauler permitted under this section to unload or deposit the garbage, refuse or waste material collected from any premises within the corporate limits of the city, and destined for disposal within the State of Nebraska, at any place other than the City of Norfolk Transfer Station.  The solid waste manager of the city may designate another location for the unloading or deposit of such garbage, refuse or waste material upon determination that it cannot be handled at the city transfer station. 

 

Source: Ord. No. 3058, § 1(17), 3-1-82; Ord. No. 3154, § 3, 10-3-83; Ord. No. 3859, §§ 9, 10, 3-16-92; Ord. No. 4423, § 1, 7-19-99; Ord. No. 4443, § 1, 12-20-99; Ord. No. 4444, § 1, 1-18-2000

 

Sec. 10-22.  Bond.

 

Each permitted garbage collector shall also maintain in force a bond with a corporate surety licensed to do business in Nebraska, in the amount of five thousand dollars ($5,000.00) or more, pay­able to the city and the residents of the city conditioned that the permitted collector shall comply fully with all provisions of this chapter and guaranteeing to any resident of the city doing busi­ness with such permittee that the services purchased will be furnished or the money paid therefor refunded, and further guar­anteeing that such permittee's contract, whether oral or written, with any resident, shall in all respects be performed.  Action on such bond may be brought in the name of the city to the use and benefit of the aggrieved person or in the name of the aggrieved person.

 

Source: Ord. No. 3058, § l(l 7), 3-1-82; Ord. No. 3154, § 4, 10-3-83

 

Sec. 10-23.  Vehicle specifications.

 

Any vehicle or conveyance used by a garbage licensee under this article shall have a body designed especially for the transportation of garbage and constructed with metal, water-tight, leak proof boxes or bodies so as not to allow any leakage or seepage therefrom and to prevent refuse and waste materials from being blown away. 

 

Source: Ord. No. 5011, § 2, 6-16-08

 

Sec. 10-24.  Sanitary requirements.

 

All garbage and refuse vehicles and conveyances shall be fre­quently cleaned and disinfected so as to prevent any menace to the public welfare, health and safety.

 

Sec. 10-25.  Inspections.

 

Periodic inspections shall be made of all independent contrac­tors by the city health official or his designee to ascertain whether the collection apparatus meets the provision of this article, is maintained in a clean and sanitary manner and if the methods of the collection services are performed in a manner so as to:

 

(1)        Prevent littering of private or public premises;

 

(2)        Prevent destruction of private property; and

 

(3)        Ensure that the contents of containers are removed.

 

Source: Ord. No. 3859, § 11, 3-16-92

 

Sec. 10-26.  Hauling own wastes.

 

(a)   The provisions of this article shall not be construed so as to prevent a person from collecting and transporting his, her or its own garbage, refuse and waste materials in his, her or its own vehicle from the residence, business or commercial property in which he, she or it lives, owns or operates within the city, to an approved sanitary landfill site, transfer station, and/or recycling center, provided:

 

(1)        That said approved sanitary landfill, transfer station, and/or recycling center is recognized and licensed by the Nebraska Department of Health, Nebraska Department of Environ­mental Control and/or the Federal Environmental Protection Agency;

 

(2)       The vehicle, wagon, truck, automobile, trailer or other conveyance used in the transportation of such garbage, refuse and waste material has a watertight box or body, so as to prevent seepage or leakage on the streets and alleys; and

 

(3)       Such conveyance shall be completely covered and secured so as to prevent the garbage, refuse and waste material from being blown away from or jarred off such conveyance.

 

(b)   It shall be unlawful for any person or business who shall haul his, her or its own garbage, refuse or waste material accu­mulated within the city to a landfill site, transfer station, and/or recycling center other than an approved landfill site, transfer station, and/or recycling center as recognized and licensed by the Nebraska Department of Health, Nebraska Department of Envi­ronmental Control and/or the Federal Environmental Protection Agency.

 

Source: Ord. No. 3154, § 5, 10-3-83; Ord. No. 3859, § 28, 3-16-92

 

Sec. 10-27.  Disposal points.

 

All persons who dispose of garbage, refuse, and waste materials at the city transfer station, or the designated sanitary landfill when permitted following inspection by the transfer station staff, shall pay to the city for such dumping privileges an amount as follows:

 

(1)       For general refuse and municipal solid waste delivered to the transfer station, the fee will be comprised of the transfer station operating fee and the landfill gate fee as established by the Northeast Nebraska Solid Waste Coalition and shall be as set forth in Section 2-5 of this Code.

 

(2)        For waste delivered to the transfer station for inspection only, prior to delivery to the Northeast Nebraska Solid Waste Coalition landfill, the fee will include the transfer station inspection fee which shall be as set forth in Section 2-5 of this Code.

 

Source: Ord. No. 4126, § 1, 10-23-95; Ord. No. 5135, § 7, 9-7-10

 

Sec. 10-28.  Fees, typical landfill waste.

 

(a)   The landfill gate fee referred to in this article shall be the rate as set by the Northeast Nebraska Solid Waste Coalition and which shall be reflected and set forth in Section 2-5 of this Code.

 

(b)   The transfer station inspection fee shall cover costs associated with inspection, billing, and accounting, and shall be as set forth in Section 2-5 of this Code.

 

(c)   The transfer station operating fee shall be as set forth in Section 2-5 of this Code and the transfer station operator may require that any material presented for disposal shall be weighed and the fee determined pursuant to this section. 

 

(d)   Transfer station sorting fees, service costs or per item costs not specifically set forth in this article shall be as set forth in Section 2-5 of this code.

 

(e)   The charge for disposal of other waste not specifically addressed in Section 2-5 of this Code shall be the actual cost associated with the disposal of the waste.  Actual cost shall include the transfer station operating fee contained in Section 2-5 of this Code.

 

Source: Ord. No. 4126, § 1, 10-23-95; Ord. No. 4289, §§ 1, 2, 8-18-97; Ord. No. 4374, § 1, 9-8-98; Ord. No. 4555, § 1, 10-1-01; Ord. No. 4830, § 1, 9-19-05; Ord. No. 4916, § 1, 12-18-06; Ord. No. 5034, § 1, 10-6-08; Ord. No. 5135, § 7, 9-7-10

 

Sec. 10-29.  Transfer trailer rental.

 

The city transfer station may have transfer trailers available for rent to be used within city limits and the city's extraterritorial zoning jurisdiction only.  The cost to rent a city transfer station trailer for a period not to exceed one (1) week including delivery, pickup, transfer station inspection, and hauling to the landfill shall be at the rate set forth in Section 2-5 of this Code plus the landfill gate fee.  In addition, the individual or business renting the transfer station trailer shall be responsible for paying the following:

 

(1)       Cost of labor and materials to repair any damage to the trailer caused by overloading or neglect while it is in possession of the individual or business renting the trailer.

 

(2)        Cost of any extra labor necessary to unload any part of the contents of the trailer to bring it into compliance with weight restrictions.

 

(3)        Cost of any extra labor necessary to sort items out of the trailer load that are not legal for landfill disposal (i.e. tires, refrigerators, batteries, etc.).

 

(4)        Disposal cost of any items that the landfill does not accept.

 

(5)        Any overweight fines that are imposed for the loaded trailer from the time it is picked up at the site until it arrives at the transfer station.

 

 

Source: Ord. No. 4126, § 1, 10-23-95; Ord. No. 4289, § 3, 8-18-97; Ord. No. 5135, § 7, 9-7-10; Ord. No. 5428, § 1, 9-6-16

 

Sec. 10-30.  Fees, alternate site disposal.

 

(a)   The charge for disposal of white goods, large appliances, refrigerators, freezers, and other freon containing equipment shall be as set forth in Section 2-5 of this Code.  Evacuated freon containing appliances will be accepted only with certification of proper freon removal.

 

(b)   The charge for disposal of yard waste (grass and leaves) at the yard waste disposal site shall be as set forth in Section 2-5 of this Code.

(c)   The charge for disposal of tree waste at the yard waste disposal site shall be as set forth in Section 2-5 of this Code.

 

Source: Ord. No. 4126, § 1, 10-23-95; Ord. No. 4289, § 4, 8-18-97; Ord. No. 4555, § 2, 10-1-01; Ord. No. 4798, § 1, 5-2-05; Ord. No. 5135, § 7, 9-7-10

 

Sec. 10-31.  General provisions.

 

(a)   No garbage, refuse, or other waste material shall be accepted at the transfer station from the solid waste jurisdiction of a governing body which has not joined the Northeast Nebraska Solid Waste Coalition unless acceptance of such waste is approved by the Northeast Nebraska Solid Waste Coalition governing board.

 

(b)   The fees provided for in this article may, in whole or in part, be waived by order of the mayor when, in the discretion of the mayor, the public health, safety, and welfare of the community would be enhanced by the waiving of such fees because of city-wide cleanup or improvement campaigns, or because of fire, flood, tornado, or other event, or series of events, causing extensive damage to the homes and property of the residents of the community.  This section shall not be construed to permit the mayor to waive fees for garbage and refuse licensees under this chapter that dispose of garbage, refuse and waste materials for hire at either the city transfer station or the Northeast Nebraska Solid Waste Coalition landfill in the normal course of their business. 

 

Source: Ord. No. 4126, § 1, 10-23-95

 

Sec. 10-32.  Transfer station billings. 

 

(a)   Charges for use of the city’s transfer station facilities shall be due one month after billing.

 

(b)   Charges not paid by the due date will be assessed an interest charge of one (1) per cent per month with the first one (1) per cent interest charge being assessed on the delinquent date and an additional one (1) per cent interest charge being assessed for each whole month thereafter.  Interest charges shall be collected in the same manner as transfer station use fees.

 

(c)   Use of transfer station services and facilities will be denied to any entity whose billings remain unpaid one (1) month after the due date.  Such suspension of use of transfer station services and facilities shall remain in effect until all past due billings are paid along with related interest charges. 

 

Source: Ord. No. 4167, § 1, 5-20-96