Streets and Sanitation Department

Wednesday’s garbage route will run Tuesday, December 31, 2019:
Ashley Oaks Ln
Cambridge Ct
Edgewood Cir.
Gailard Ct
Golbys Knob
Edgewood Apt.
Hwy 34 West
Johnston Rd
Kinard Ave
Marshall Ct
Moore St
Panther Dr
Paterson Dr
Pinehaven Dr
Porter Dr
S. Church St
Turner St
W Main St Ext
W Main St

§ 94.35 DEFINITIONS.GARBAGE AND REFUSE DISPOSAL

For the purpose of this sub-chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

“APARTMENT COMPLEX.” Three or more dwelling units located on the same tract of property which are rented to the occupants for a price.

“COMMERCIAL HAULER.” A person or firm operating a garbage or trash collection system for a profit and who has a town business license.

“COMMERCIAL USER.” Any business, industry or apartment complex which receives town garbage and disposal service.

“GARBAGE.” Food wastes, paper, wrappings, card board.

“HIGH VOLUME WASTE GENERATOR.” Any tract of property, business, residence, church, nonprofit organization or user serviced by a metal container with a capacity of two cubic yards or more and the property or user not identified by the mayor as low volume.

“INERT WASTE.” Nonactive material which will not decompose and is chemically inactive with other elements or compounds.

“LOW VOLUME WASTE GENERATOR.” Any tract of property with improvements which is not serviced by a metal container having a capacity of two cubic yards or more.

“METAL CONTAINER.” Receptacles with lids having a capacity from two to cubic yards, designed for the collection of solid waste and which are serviced by mechanized trucks.

“REFUSE.” Anything discarded or rejected as worthless.

“ROLL-OUT CART.” A container provided by the town having a capacity of one-half cubic yard or less to be used for garbage and trash collection.

“SOLID WASTE.” Garbage, inert waste, refuse, trash and yard waste.

“TRASH.” Paper, card board, general rubbish and inert material which is light in weight.

“USER.” Property owner or occupant who benefits by the towns solid waste collection system.

“WHITE GOODS.” Discarded household appliances and furnishings including but not limited to refrigerators, stoves, washing machines, dryers, bed mattress, bed springs, mechanical engines and parts.

“YARD WASTE.” Grass trimmings, limbs, leaves, and pruning. Including limbs not more than five inches in diameter or more than four feet in length.
(‘73 Code, § 11-50) (Am. Ord. 05-02, passed 5-16-06)

§ 94.36 LIQUIDS PROHIBITED.

All garbage and refuse shall be drained of liquid before being deposited for collection.
(‘73 Code, § 11-51) Penalty, see § 94.99

§ 94.37 RESIDENTIAL GARBAGE AND TRASH CONTAINERS.

(A) The town shall provide a roll-out cart for each single-family and duplex dwelling located within the town. In addition, if the Mayor deems it efficient, apartment complexes may be serviced by roll-out carts.

(B) The user shall maintain the roll cart in a sanitary condition, keeping the lid closed at all times, except for filling, emptying and cleaning, and shall keep the roll cart free from odor. No user shall put, place or throw garbage, refuse or trash in any public street, alley or other public place in the municipality except in a roll cart. Roll carts shall be placed at curbside no later than 7:30 a.m. on the day of collection. The roll cart shall be easily accessible to the garbage collector from the street or sidewalk. The garbage collector shall not pick-up garbage from a roll cart that is behind a fence, building or located where it cannot be reached from the street or sidewalk. A user shall not locate a roll cart in the street or blocking a sidewalk. Users shall return the cart to their residence or business no later than 9:00 p.m. on the day of collection. Disabled persons may make arrangements with the town to have garbage collected from roll carts located adjacent to their residence.

(C) The roll-out cart shall remain the property of the town. Neither construction materials, dirt, hot coals, poisons, oil, gasoline, paints nor other caustic, flammable or dangerous materials shall be placed in a roll-out cart.

(D) The user or the owner of the property at which the roll-out cart is located (if the user cannot be identified) shall be responsible for the replacement of any damaged, lost or stolen roll-out cart. If a cart is damaged, lost or stolen the user, or property owner (in his/her absence), shall notify the town immediately. It shall be unlawful to move a roll-out cart from one residence to another without the consent of the Mayor or his or her designee.

(E) It shall be unlawful for any person to overhaul, molest or interfere with the contents of any roll-out cart set out for removal by the town, without the permission of the town garbage collector.

(F) It shall be unlawful for any person, other than the person to whom a roll-out cart is assigned, to deposit trash, garbage or other waste into a town roll-out cart.

(G) Fees.

(1) Service fee for collection by the town of solid waste (lawful refuse, rubbish, yard waste or garbage) from roll-out containers for residential users, shall be established and set by Town Council from time to time.

(2) The revenues to the town from such fee shall be used to pay the operating expenses of the town.

(3) It shall be unlawful for any user of the collection service to fail to pay the service fee by the specified due date for payment. The Town also may terminate collection service to any user who has not paid the service fee by the specified due date for payment.

(4) It shall be unlawful for any user to place a container on the curbside for collection, fi collection service for the user has been terminated by the town.

(5) The town may establish further regulations related to billing, payment and collection of the service fee.
(‘73 Code, § 11-52) (Ord. 05-02, passed 5-16-06; Am. Ord. 12-04, passed 10-1-12) Penalty, see § 94.99

§ 94.37.1 COLLECTION DAYS DESIGNATED.

Garbage, trash and yard waste shall be collected from the various premises in the town by the proper departments of the town as follows.

(A) Garbage and trash collections from roll-out carts will be made pursuant to a schedule established by the Mayor and approved by resolution of the Council.

(B) Yard waste collections from residential premises will normally be made once a week. Yard waste can not be deposited in roll-out carts or metal containers but deposited loosely on the curb free from restraint of boxes, cartons, or other throw-away receptacles. Grass clippings must be bagged.

(C) Collections from metal containers will be made according to demand and in accordance with a schedule as established between the user and the town.

(D) It shall be unlawful for any person within the town to deposit white goods, or any other manufactured item in a roll-out cart, in a metal container, or commingled with yard waste and garbage along the curb. The occupants of a residence may deposit white goods at the curb separate from garbage, trash and yard waste for town collection. Commercial users shall be responsible for the disposal of any abandoned white goods produced by the commercial user or a commercial tradesman. Residential white goods pick-up shall be routed by the Mayor as to provide service to all areas of the town on a weekly basis.

(E) The town is authorized to adjust the collection system as may be necessary from time to time for the efficient operation of the system.

(F) It shall be unlawful to commingle garbage, trash, yard waste, and white goods at the curb.
(Ord. 05-02, passed 5-16-06) Penalty, see § 94.99

§ 94.38 COMMERCIAL GARBAGE AND TRASH CONTAINERS.

(A) All establishments other than single-family and duplex residential dwellings, both low and high-volume waste generators, shall use either a roll-out cart or metal bin for the collection of garbage and trash, depending upon the need of the establishment and the town’s ability to serve the establishment as deemed appropriate by the Mayor or his or her designee.

(B) The use of trash bins, boxes, wrappings, open dumps, rooms, or pits for the storage of garbage, trash, or yard waste is prohibited; provided however, that any establishment, contractor, or person may enter into an agreement with a commercial hauler having a business license within the town to provide for a container in which building materials and other inert waste or in which waste requiring special handling may be deposited on the condition that the container is emptied by the commercial hauler on a regularly scheduled basis and the location of the container is approved by the Mayor or his or her designee.

(C) All boxes and crates must be flattened into the smallest practical volume before being placed in a roll-out cart or metal bin.

(D) All users shall maintain roll-out carts in a sanitary condition free from odor and it shall be unlawful to allow the overflow or scattering of trash or garbage on the premises, adjacent and nearby properties, or public places. It shall be unlawful to place overflow garbage or trash in roll-out carts belonging to or assigned to other establishments or users. More frequent collections shall be provided by the town to the user as needed to prevent overflow.

(E) A service charge shall be paid by all commercial users serviced by the town. Charges shall be set by Town Council and adjusted as necessary. The service charge shall be billed by the Commission of Public Works in arrears at the end of each month, payable by the twentieth of the following month. After the twentieth of each month, a $10 service charge shall be added. The following is the schedule of charges:

(1) Commercial users with roll-out cart(s) shall be regularly serviced once per week on a rotation schedule set by the Town, and shall be charged a monthly fee of $11 for each roll-out cart regularly maintained by the commercial user, regardless of whether the commercial user has filled to capacity multiple roll-out-carts;

(2) Commercial users with metal bins shall be serviced on a rotational schedule as set by the Town and shall be charged a monthly fee per metal bin of $45 for 1 pickup per week, $90 for 2 pickups per week, $135 for 3 pickups per week, $180 for 4 pickups per week, $225 for 5 pickups per week, regardless of whether such container is filled to capacity;

(3) Commercial users with roll-out carts shall be charged a per disposal flat rate fee of $15.00 per cart for any non-scheduled pick up of roll-out carts and commercial users with metal bins shall be charged a per disposal flat rate fee of $45.00 per bin for any non-scheduled pick up, regardless of the number of roll-out carts or metal bins maintained by the commercial user.

(‘73 Code, § 11-53) (Am. Ord. 88-4, passed 7-18-88; Am. Ord. 89-2, passed 8-28-89; Am. Ord. passed 3-20-95; Am. Ord. 05-02, passed 5-16-06; Am. Ord. 07-04, passed 7-16-07) Penalty, see § 94.99; Am. Ord. 17.01, passed 2-21-17

§ 94.39 ACCUMULATION OF REFUSE OR GARBAGE PROHIBITED; NOTICE TO REMOVE REFUSE OR GARBAGE ACCUMULATIONS.

(A) It shall be the duty of all owners and all tenants or persons in possession of any real estate within the town, to keep and maintain such premises so that no waste, trash, refuse or garbage of any kind shall be allowed to accumulate thereon.

(B) If any person allows waste, trash, refuse or garbage to accumulate on his/her property, it shall be the duty of the inspector to notify such person to remove such accumulation. It shall be unlawful for any person receiving such notice to fail or refuse to remove such accumulation within the time specified within such notice, which time shall not exceed five days.

(C) If any person shall fail to comply with a notice of the inspector issued within this section within the time specified in such notice, the inspector shall direct his or her workmen to remove any accumulation of garbage; refuse or waste and the expense incident to such removal shall be considered a lien against the property of such person. The charge and any accumulated interest or penalty for removal of refuse, garbage or waste shall be added to the annual notice for town taxes. Unpaid charges shall accrue interest and penalties as provided for ad valorem taxes. In addition to the provision provided by law for the collection of ad valorem taxes the town may enforce collection of such fees, penalties and interest by any other lawful process.
(‘73 Code, § 11-55) (Am. Ord. 05-02, passed 5-16-06) Penalty, see § 94.99

§ 94.39.1 TOWN RESPONSIBLE FOR COLLECTION AND DISPOSAL.

The town, by and through its proper departments, shall be responsible for the collection and disposal of all refuse, garbage and trash within the town. The town may permit private trash contractors to service industrial and/or commercial accounts using roll-offs units and compactors. No person shall transport any garbage or trash over the streets of the town without first obtaining a written permit from the town.
(Ord. 05-02, passed 5-16-06) Penalty, see § 94.99

§ 94.39.2 SCAVENGING.

It shall be unlawful for any person, other than the person or his or her agent depositing refuse, trash or garbage in a metal container or roll-out cart, or a town employee acting within the scope of his or her duties, to remove or scavenge any discarded item from any metal container, roll-out cart, pile of discarded household goods, white goods, trash, yard waste or any other receptacle designed and/or used for the discarding of waste, refuse, trash or garbage. Each discarded item which is scavenged or removed shall constitute a separate offense to be punished by a fine of up to $200 or up to 30 days in jail.
(Ord. 05-02, passed 5-16-06) Penalty, see § 94.99

§ 94.40 WASTE AND REFUSE.

Waste or refuse from manufacturing, assembling, or processing operations will not be collected by the municipality. No building materials or refuse from building operations or landscape contract work will be handled by municipal forces. For the purposes of this section, “landscape contract work” is defined as landscape work that encompasses operations beyond the maintenance or care of existing landscape features, including but not limited to removal or planting of trees, earth moving, and construction of planters. However, routine pruning of existing trees and shrubs by commercial entities does not constitute “landscape contract work” for purposes of this section. All large accumulations or shavings or waste material or refuse of any kind resulting from building operation will not be collected by the municipality. Service stations and garages must dispose of waste oil from their premises in accordance with federal and state law.
(‘73 Code, § 11-56) (Am. Ord. 00-2, passed 9-18-00)

§ 94.41 COLLECTION OF TREE LIMBS, ETC.

Tree limbs, cuttings, and shrubbery will be collected by the municipality as soon as practical, provided that those limbs, cuttings, and shrubbery are cut in lengths of four feet or less and whose diameter does not exceed five inches, and shall be placed on the front corner of the owner’s or tenant’s property nearest the street or public alley. Any cuttings, limbs, or other material that exceeds the dimensions described above must be disposed of by the owner or tenant and shall not be collected by the municipality. No lawn trimmings or leaves shall be placed in the gutter.
(‘73 Code, § 11-57) (Am. Ord. 00-1, passed 9-18-00) Penalty, see
§ 94.99

§ 94.42 WEEDS; FAILURE TO OBEY POLICE NOTICE.

(A) It shall be unlawful for the owner, tenant, or person in possession of any real estate within the corporate limits of the municipality, to permit or allow tall or unsightly weeds or undesirable
vegetation of any kind to be grown on those premises within a distance of 100 yards of any building or structure used or maintained for purposes of business or habitation. If any person allows any weeds or
vegetation to so grow on those premises, it shall be the duty of the Chief of Police to notify that person to remove any weeds or vegetation within the time specified in the notice, which time shall not exceed 15 days.

(B) If any person shall fail to comply with a notice of the police officer within the time specified in the notice, the police officer may direct his workmen to remove any accumulation of garbage, refuse, or weeds and the expense incident to such removal shall be considered a lien against the property of that person, or that person may be penalized under § 94.99.

(C) If any person allows any weeds or vegetation to so grow on those premises subsequent to receiving two notices pursuant to division (A) above, such person may be penalized under § 94.99 without receiving any notice to remove such weeds or vegetation.
(‘73 Code, § 11-59) (Am. Ord. passed 8-15-94) Penalty, see § 94.99

§ 94.43 TRASH BURNING.

It shall be unlawful for any person to burn trash, garbage, or other refuse within the town limits without prior written approval of the Fire Chief.
(Ord., passed 10-17-83; Am. Ord. 87-9, passed 11-16-87; Am. Ord.96- , passed 8-16-96) Penalty, see § 94.99

 

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