§ 18-124. Automated refuse collection program.

There is hereby established a program for the mandatory use of automated refuse containers and collection by the residents of the city. The collection of rubbish shall be made weekly under the supervision of the superintendent of public works.

(a)

Definitions . For purposes of this division, the following terms, phrases, words and their derivations shall have the meanings given herein:

Automated rubbish collection. The term "automated rubbish collection" shall mean the collection of rubbish by means of a specially equipped collection truck servicing a special refuse container obtained exclusively through the city and set out in a prescribed manner.

Automated refuse container. The term "automated refuse container" shall mean the container assigned for use in the automated collection program.

Building materials. The term "building materials" shall mean any material such as lumber, brick, stone, asphalt, plaster, concrete, roofing materials and any other items or substances accumulated as a result of repairs or additions to existing buildings or structures, the construction of new buildings and structures, or the demolition of any existing building or structure.

Customer. The term "customer" shall mean the party that owns the residential property to which an automated refuse container is assigned.

Dwelling unit. The term "dwelling unit" shall mean the individual private premises contained in any building intended, whether occupied or not, as the residence for one household, regardless of the number of individuals in the household. A building may contain more than one dwelling unit.

Garbage. The term "garbage" shall mean the waste produced by the handling, processing, preparation, cooking and consumption of animal and vegetable products used for human consumption.

Litter. The term "litter" includes "garbage", "refuse", and "rubbish" defined herein.

Over-filling. The term "over-filling" refers to the condition in which the volume of garbage, refuse and rubbish exceeds the capacity of the automated container, thereby preventing a secure closing of its lid or being packed so tightly as to prevent its contents from emptying.

Over-flowing. The term "over-flowing" refers to an automated container so over-filled that the excess has fallen out of the container, being unable to further fill the container, leave garbage, refuse and rubbish adjacent to the container.

Residential complex. The term "residential complex" shall, without regard to form of ownership, refer to a parcel of property with no more than four separate dwelling units, each unit intended for occupancy by separate households, that provides on said parcel off street parking for residents of the complex.

Refuse. The term "refuse" means putrescible and nonputrescible solid wastes (except human body wastes), including garbage, rubbish, and cold ashes, but excluding dead animals and solid market and industrial wastes and excepting any item defined and categorized as recyclables in Division 2 of Article IV of this chapter.

Rubbish. The word "rubbish" shall mean nonputrescible solid wastes consisting of both combustible and noncombustible wastes such as paper, wrappings, newsprint, cardboard, tin cans, yard clippings, leaves, glass and bedding excepting any item defined and categorized as recyclables in Division 2 of Article IV of this chapter.

(b)

City to provide collection and disposal.

(1)

The city shall provide for collection and disposal of refuse when the refuse has been placed for collection pursuant to this chapter.

(2)

Compliance with the requirements of this chapter is necessary to procure the collection and removal of refuse and such compliance shall be a defense to any prosecution for failure to remove or dispose thereof.

(c)

Receptacles—General requirements .

(1)

Every person having charge or control of residential property containing not more than four dwelling units in the city where refuse accumulates shall place and keep the refuse in the automated refuse container obtained exclusively through the city for use in the automated collection program. Automated refuse containers assigned by or obtained from the city shall remain at all times property of the city. Containers are assigned by individual street addresses to individual residential properties, not to individual residents or customers. At no time and under no circumstances shall the automated refuse container(s) be moved or removed from the property to which it was assigned. The automated refuse containers will be repaired and maintained by the city at no additional cost unless damage is caused by customer abuse or negligence in which case the cost of replacement shall be charged to the customer. Automated refuse containers that are stolen will be replaced at no cost provided a city police report is filed and a copy of the report is submitted to the superintendent of public works. In all other cases of theft, a fee shall be charged for the replacement container.

(2)

Those included in the automated rubbish collection program shall only use the approved automated refuse containers to be obtained exclusively through the city. No other containers are allowed.

(3)

Should any household eligible to participate in the automated rubbish collection program desire to have one additional automatic refuse container for the collection and disposal of additional refuse, such request shall be made to the department of public works.

(4)

The department of public works shall process the request and assign and deliver an additional automatic refuse container to the requesting household.

(5)

The fee to be charged for the additional automatic refuse container shall be $80.00 annually by each household who requests and receives an additional automatic refuse container. The annual fee shall be billed quarterly on the household utility bill.

(6)

Additional automated refuse containers obtained pursuant to the above subsections shall be subject to all of the same requirements pertaining to said automated refuse containers in this division.

(d)

Placement, capacity and pickup .

(1)

Containers shall be placed at or as near to the curb or edge of road as possible, so as to be accessible to collection crews. Placement must be at least five feet away from recycling bins, poles, mailboxes and other obstacles and at least 15 feet away from any vehicle.

(2)

Containers must be placed at the designated pickup area by 7:00 a.m. on the scheduled day of collection. No container shall be placed curbside sooner than sunset on the day prior to collection nor shall a container be caused to remain on said curbside later than 8:00 p.m. on the day of collection

(3)

Only normal residential household refuse is permitted to be placed in the containers. Toxic or hazardous materials, dead animals, building materials, yard waste and bulk items such as household furnishings or appliances are prohibited. Items that meet the city standards for recycling shall be disposed of through the city recycling program.

(4)

Use of paper or plastic refuse bags is encouraged. Such bags shall be used for disposal of garbage. Bags shall not be placed outside the container.

(e)

Collection service violations and penalty .

(1)

The following shall be collection service violations:

Failure to use designated container.

Container blocked by vehicles, poles, mailbox or other obstacle.

Yard waste, hazardous waste, remodeling/construction waste, recyclables or other unacceptable waste in container.

Container over-filled or over-flowing.

Misuse, damaging, destroying or otherwise rendering container unsuitable for its intended purpose.

Removing a container from the property to which it is assigned.

(2)

In the event that a collection service violation occurs, the city may choose not to collect the refuse from the container at the offending property. The city is not obligated to collect refuse from a property where the container is placed curbside after the collection truck has passed the property on its regular weekly run.

(3)

The board of public works, through its authorized agents and employees, is hereby empowered to enforce the provisions of this section pursuant to M.G.L.A. c. 40, § 21D.

(4)

Whoever violates the provisions of this section shall be penalized by a noncriminal penalty of $25.00. Each and every day of the violation shall constitute a separate offense.

(5)

Upon failure to pay said penalty, such further enforcement action as permitted by law may be initiated. Any unpaid penalty shall be considered an "overdue obligation" in accordance with the terms of Code of Ordinances section 2-144 and is subject thereto. The board of public works through the superintendent of public works may take such other, further and different action to enforce the provisions hereof as the law permits, including initiating a civil action seeking injunctive or other relief.

(Ord. No. 1623, 4-2-15)