For the purpose of this chapter, the following definitions apply unless the context clearly requires a different meaning.
AUTOMOBILE GRAVEYARD. Any establishment or place of business which is maintained, used or operated for storing, keeping, buying or selling wrecked, scrapped, ruined or dismantled motor vehicles or motor vehicle parts.
GARBAGE. Every accumulation of animal matter, vegetable matter or both; that is, the refuse matter from kitchens, pantries, dining rooms or other parts of hotels, restaurants, boarding houses, apartment houses, dwelling houses, market houses and public institutions, and all animal refuse or matter from butcher shops and refuse from poultry stores and fish stores.
JUNK. Old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber, debris or waste, or junked, dismantled or wrecked automobiles or parts thereof, or iron, steel and other old or scrap ferrous or nonferrous materials.
JUNKYARD. An establishment or place of business which is maintained, operated or used for the storing, keeping, buying or selling of junk or for the maintenance or operation of an automobile graveyard, and the term shall include garbage dumps and sanitary fills.
REFUSE AND RUBBISH. Ashes, cinders, paper, broken wares, discarded bottles, tin cans, shoes and such refuse as may be termed the natural accumulation of resident families, or of stores, filling stations, institutions or other places where such things may accumulate.
SCRAP METAL PROCESSING FACILITY. An establishment having facilities used primarily for processing iron, steel or nonferrous metals and whose principal produce is such iron, steel or scrap for sale for remelting purposes only, the processor being considered a manufacturer.
(Prior Code, § 17-401)
§ 54.02 Duty To Request Garbage Service
To assist in maintaining the general sanitation of the town, it is the duty of every person occupying or having control of the occupancy of any premises located within the town to notify the town at the beginning of such occupancy and to request, accept and use the garbage pickup and collection service provided by the town or its contractor, provided, however, that the failure of any owner, rental agent or occupant of such premises to make such request shall not prevent nor in any way impair or impede the town from adding the address of such premises to the proper garbage collection route records and providing such service, or from otherwise enforcing by appropriate action the regulatory measures.
There may be charged, assessed and collected from each residential and commercial unit such amounts as set by the Town Board of Trustees by motion or resolution.
(Prior Code, § 17-410)
§ 54.04 Authority To Inspect
The town may make all necessary inspections and investigations of any and all premises to see that the terms of this chapter are complied with.
(Prior Code, § 17-409)
§ 54.05 Disposal Of Trash And Refuse; Accumulation Prohibited
(A) Short title. This section shall be known and cited as the “Town of Calera Disposal of Trash or Refuse Ordinance.”
(B) Purpose. The purpose of this section is to control and regulate the disposal of trash or refuse within the town and to provide rules and guidelines to facilitate the enforcement thereof.
(C) Definitions. For the purpose of this section, the following definitions apply unless the context clearly requires a different meaning.
REFUSE. Any type of accumulation of worn out, used up, broken, rejected or worthless materials.
TRASH. Any debris, rubble, stone, fragments of building materials, mattresses, furniture, appliances or any other materials which are unwanted.
(D) Regulations.
(1) The owner or occupant of a residential unit shall not permit the accumulation of trash and refuse upon any premises under his or her control for a period of more than ten days.
(2) Any trash or refuse not accepted for collection shall be removed from the roadside within 24 hours of the regularly-scheduled collection day.
(3) The town, upon initial contact by the owner or occupant of a residential unit, will schedule an extra haul-off of any trash or refuse not accepted for collection on a regularly-scheduled collection day at the base rate of $50, plus the cost of landfill fees.
(4) The owner or occupant of a residential unit shall clean up and remove from the roadside and premises any trash or refuse resulting from the breakage or opening of any garbage bag or other container used for trash and refuse collection disposal within 24 hours after the same has been scattered.
(1) Unless otherwise provided in this chapter, every person owning, managing, operating, leasing, or renting any premises or any place where garbage or rubbish accumulates, shall provide and at all times maintain in good order and repair, on any such premises, a town provided poly cart, which shall be used for the trash collection trucks and shall not be removed from the premises.
(2) Any poly cart that does not conform to the provisions of this chapter or that may have ragged or sharp edges or any other defect liable to hamper or injure the person collecting the contents thereof shall be replaced with no cost to the resident.
(3) Any poly cart that is not distributed by the Town of Calera or its contractor will not be collected.
(4) Any additional garbage or rubbish placed at the street or curb line for removal by the town, shall be contained items (boxed or bagged) on a non-regular basis. Any person placing loose items for disposal at the curb line or street for collection is in violation this chapter. Additional trash collection fees will apply if the town or its duly authorized agent is requested to return prior to the next regularly scheduled pick up day. As established by the town board.
(5) The town shall have the authority to refuse collection services for failure to comply with this chapter.
(6) If the poly cart is damaged, and the resident is determined to be at fault, the replacement cost of the poly cart will be billed to the resident.
(B) Size; Cleanliness:
(1) All poly cart containers shall be kept clean and free from accumulation of any substance remaining attached to the inside of the container which would attract or breed flies, mosquitoes, or any other biting and/or stinging insects.
(C) Businesses, Mobile Home Parks:
(1) Unless otherwise exempted by the public works department, business, industrial, institutional, and mobile home parks shall utilize containers provided by the town and shall be of sufficient capacity and/or quantity to fully contain all refuse accumulated between collection periods.
(2) All covers or doors shall be kept closed except when depositing refuse in the container.
(3) Every person utilizing containers provided by the Town shall have a duty to regularly inspect, secure and correct defects in the container which may be its form, use or location if such location can reasonably cause injury or damage to any person or property. Defects in any container that
cannot be corrected by a user must be reported in writing to the Public Works Department.
(4) The town shall not be liable for any damage or injury to any person or property based on any users' failure to inspect, secure, or repair or report defects in any container.
(D) Multi-Family Dwellings:
(1) The type of trash service available at multi-family dwellings shall be determined by the Public Works Director of the Town of Calera. If it is determined by the Public Works Director that there are safe locations for poly carts and poly cart services are available, they will be provided and billed. If it is determined that dumpster services are safer and more advantageous, they will be provided and billed to the landlord.
(2) All lids or doors to refuse containers, whether poly carts or dumpsters, shall be kept closed except when depositing refuse in the container.
(3) Every person utilizing containers provided by the Town shall have a duty to regularly inspect, secure and correct defects in the container which may be its form, use or location if such location can reasonably cause injury or damage to any person or property. Defects in any container that cannot be corrected by a user must be reported in writing to the Public Works Department.
(4) The Town shall not be liable for any damage or injury to any person or property based on any users' failure to inspect, secure, or report defects in any container.
(E) Residential and Commercial Dumpsters and Roll-Offs:
(1) The Town, shall be the sole provider for roll-off containers within the Town unless the town is unable to provide one, it's contractor shall provide one. All requests made for roll offs in the town shall be communicated through town hall.
(2) Dumpsters shall be filled with only household items.
(3) Roll Offs shall be filled with only household items, construction items, small branches, and small trees less than 6" in diameter.
(4) Roll Offs shall not be filled over the top rail and shall not hang over the sides.
(5) Dirt, sand, rocks, asphalt, and concrete are prohibited.
(6) It shall be unlawful for any person to damage or otherwise interfere with the use of any refuse container, publicly or privately owned, within the town. No containers may be removed or relocated without permission of the Public Works Director or his designees.
(7) It shall be unlawful for any person to use any refuse dumpster or roll-off not owned by the town or its contractor.
(F) Penalty:
(1) A person who violates this ordinance shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine of $215.00. Each day upon which a violation continues shall be deemed a separate offense.
Garbage, refuse and rubbish shall be removed from all premises and dumped only in the area designated by the Board of Trustees as the town’s dump.
(Prior Code, § 17-404) Penalty, see § 54.99
§ 54.08 Garbage Removal Permissions Determined By Board Of Trustees
(A) The Board of Trustees may contract with some suitable person, firm or corporation for the removal of any garbage, refuse or rubbish on such terms and conditions as it shall deem to be for the best interest of the town, including the requirement of a bond conditioned on the faithful performance of the contract.
(B) The Board, in its discretion, may also provide for the removal of all such garbage, waste, refuse and rubbish by town employees, or it may require all owners, occupants or other persons in charge of premises within the corporate limits to remove garbage, refuse or rubbish from such premises.
(Prior Code, § 17-405)
§ 54.09 Contracting To Collect Or Dispose; Hearings
(A) The town shall have the authority to enter into contractual obligations with those who wish to engage in the business of refuse collection or refuse disposal for compensation in the town. The town shall be limited to contracting for such service only with persons having the proper equipment, meeting State Department of Health requirements and having sufficient personnel to collect and dispose of refuse in accordance with the provisions of this chapter, and provided further that the method of disposal contracted for must be in accordance with the requirements of this chapter.
(B) Every person desiring to engage in the collection and disposal of refuse shall have the right to make written application to the town, and shall make written application setting forth the name of such person, the residence address thereof or the address of the place of business, a description of the equipment to be used in the collection or disposal of such refuse, the place of disposal and the method of disposal to be practiced. Upon approval of the applications, all bids may be considered at some time prior to the expiration of the then-existing contract, if any.
(C) Any person whose application has been denied may request and shall be granted a hearing before the Town Board of Trustees.
(D) It is unlawful for any person who does not do so under a contract with the town to engage in the business of refuse collection or refuse disposal for compensation in the town.
(Prior Code, § 17-408) Penalty, see § 54.99
§ 54.10 Hauling Garbage Requirements
All garbage, refuse and rubbish shall be hauled in containers constructed so as to prevent any portion of such garbage, refuse or rubbish from leaking, spilling, falling or blowing out of the container.
(Prior Code, § 17-406)
§ 54.11 Junkyards And Scrap Metal Processing Prohibited
No person shall establish, operate or maintain a junkyard or scrap metal processing facility within the corporate limits of the town.
(Prior Code, § 17-407) Penalty, see § 54.99
§ 54.99 Penalty
(A) Any person violating any of the provisions of this chapter shall be punished as provided in § 10.99(A) of this code.
(Prior Code, § 17-412)
(B) (1) Violations. Any person or entity that violates the prohibitions contained in § 54.05 of this chapter shall be considered as violating § 54.05 of this chapter, and shall be subject to the penalties hereinafter provided.
(2) Penalties.
(a) Any person or entity violating the provisions of § 54.05 of this chapter shall be guilty of a fine of $200 for each such occurrence.
(b) If the $200 fine is not paid within 30 days, then the town will have the option to disconnect the utility services, to place a lien on the property with the County Clerk or to perform both options, at the town’s discretion, until the fine and any additional fees incurred are paid in full.