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Home My Public Portal AboutOrdinances-1990-166 5 ORDINANCE NO. 1990-166 AN ORDINANCE GOVERNING THE COLLECTION AND DISPOSAL OF YARD WASTES; TO DEFINE CERTAIN WASTE NOT SUBJECT TO COLLECTION; TO PROVIDE PENALTIES FOR WASTE COLLECTION ORDINANCE VIOLATIONS IN THE CITY OF TIFFIN, IOWA. BE IT ENACTED OF THE CITY COUNCIL OF THE CITY OF TIFFIN, IOWA,: Section 1. Purpose. The purpose of this Ordinance is to provide for the health, safety, and welfare of the citizens of the City of Tiffin, Iowa, by regulating the collection and disposal of yard waste; to define certain waste not subject to collection; to provide penalties for waste ,collection ordinance violation in the City of Tiffin, Iowa. Section 2. Definitions . A. "Commercial solid waste" means solid waste resulting from the operation of any commercial , industrial , institutional , agricultural , or other establishment. B. "Dwelling" means a building which is wholly or partially used or intended to be used for residential occupancy. C. "Dwelling unit" means any habitable room or group of adjoining habitable rooms located within a dwelling and forming a single unit possessing facilties which are used, or intended to be used, for living, sleeping, `cooking, and eating of meals . D. "Garbage" means putrescible animal or vegetable wastes resulting from the handling, preparation, cooking, serving, or consumption of food. • E. "Hazardous waste" includes but is not limited to pathological waste, explosive waste, pesticides, pesticide containers , toxic radioactive materials , and those wastes included by definition in Section 455B. 411 (4a) Code of Iowa (1989) and Rules of Iowa Department of Natural Resources . F. "Occupant" means any person who alone, or jointly or severally with others, shall be in actual possession of any dwelling unit or any other improved or other unimproved real property, or either as owner, landlord, tenant, resident, or operator. 1 G. "Operator" means any user, reponsible party, occupant, entity, business, firm, corporation, governmental entity, association, partnership, venture, or any combination thereof, or any agent, fiduciary, or representative thereof, who occupies , possesses, uses, or owns property within the City of Tiffin, Iowa, and/or who stores or generates solid waste within Tiffin, Iowa. H. "Owner" shall mean any°• recognized interest of ownership in real or persona'1 propery, including legal and equitable property interest.„ ' I . "Person" shall mean individual persons, user, responsible -party, entity, business, firm, tcorporation, partnership, venture, or any combination 'thereof, or any agent, representative, or fiduciary thereof: J. "Premises" includes any interest in real property, including but not limited to buildings and improvements, whether intended for or used for residential , commercial , or industrial use. K. "Responsible party" means any person, persons, or governmental entity, who applies for, who obtains, or who is issued an account for solid waste service, iand includes any person who pays an individual account for solid waste collection service. "Responsible party" shall also mean an account holder of the above account. If more than one person is listed on an account, both persons shall be deemed "responsible party" for purposes of this ordinance. L. "Refuse" means solid waste not required to be recycled or reused. M. "Solid waste" means unwanted or discarded waste materials in a solid or semi-solid state, including, but not limited to, garbarge and refuse. N.. "Solid waste container" means` a receptacle used by a person to store solid waste during the interval between solid waste collections. O. "Yard waste" means grass, leaves, trees, brush, and garden residue. Section 3 . Separation of Yard Waste Required. All yard waste shall be separated by the owner or operator of the 'dwelling unit from all other garbage and refuse accumulated on they premises and shall be ,composted on the premises or placed in 2 • degradable bags, containers, or packages , which are acceptable to the City and to Tiffin ' s disposal site and set out for collection by the City. The bags, containers, or packages shall be clearly identified as containing yard waste. Section 4. Certain Waste not Subject to Collection. The City of Tiffin will not collect lead-acid batteries, waste oil , commercial solid waste, hazardous waste, or any substance determined by the City Council to !be hazardous or unacceptable for collection. The City of Tiffiri will not collect any substance which will not be accepted by the City of Tiffin' s disposal site. Section 5 . Prohibited Practices . A. It shall be prohibited for any persons , operator, resident, owner, entity, or any agent or representative thereof, to deposit any solid waste in any solid waste container other than _ in a solid waste container either 'owned by the depositor, or profitably and lawfully leased by the depositor. B. No person, resident, operator, owner, entity, or any agent or representative thereof, shall obtain or attempt to obtain city collection of solid waste or other substances or materials herein declared not subject to collection. Any such separate attempt and/or action by such offending party shall constitute a separate offense of this provision. The cost to the City of Tiffin for retrieving such substances or materials from the collection vehicle or from the City of Tiffin' s disposal site and/or for cleaning up the collection vehicle or disposal site shall be chargeable to the responsible party for the solid waste collection 'account for the residence, dwelling, dwelling unit, or premises where such substances or materials were placed for collection, or where actually collected . C. Violation of any subsection of Section 5 or any provision adopted by the City Council shall constitute a misdemeanor, and each violation shall constitute a separate offense. Section 6 . Repealer. Al,l ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. 1 Section 7. Severability. If any section, provision, or part of this- Ordinance shall be—adjudged to be invalid or uncon- stitutional , such adjudication shall not affect the validity of 3 the ordinance as a whole, or any section, provision, or part thereof not adjudged invalid or unconstitutional . Section 8 . Effective Date. This Ordinance shall be in effect after its final passage, approval , and posting as provided by' law. On the 13th day of June 1990 at a regular meeting of the Tiffin CityiCouncil ,' Tiffin, Iowa, Councilperson Stoner introduced Ordinance No. 166. ',rand moved that it be given its first reading. The motion was seconded by Councilperson Bartels . Ayes : Stoner, Bartels. Nayes : None 1 Three members of the council being present and having voted "Aye" , Mayor Glenn R.Potter declared Motion carried, and Ordinance 1 No. 166 was read the first time and discussed and placed on record. Thereupon, it was moved by Councilperson Stoner andiseconded by Councilperson Slaymaker that the laws and rules providing that a, ordinances be considered and voted on for passage at twoicouncil meetings' prior to the meeting at which it is to be finally passed be suspended and dispensed with and that Ordinance No. 166 - be placed on its last reading. � Ayes : Stoner, Bartels, Slaymaker. Nays : None. Three members of the council being present and having voted "Aye" , Mayor Glenn R. Potter thereupon declared the motion to be carried, and Ordinance No. 165 was then placed upon its last reading and was read the last time. Thereupon, it was moved by Councilperson Bartels and seconded by Councilperson Slaymaker that Ordinance No. 1663 be placed upon its final passage and adopted. Ayes : Bartels, Slaymaker, and Stoner Nays : None ` Three members of the Council being present and having voted "Aye" , Mayor Glenn R. Potter declared the motion carried and the Ordinance passed and adopted. Whereupon the Mayor declared that Ordinance No. 16s\ be adopted and signified his approval of the same by fixing his signature thereto. 4 4 •` Passed by the Council on the 13th day of June 1990 and approved by the Mayor on the 13th day of June 1990 . MAYOR, Glenn R. Potter ATTEST: 4 14 CITY CLERK, A lia S. Kern • -.- I , Clerk of the City of Tiffin, Iowa, state that an Ordinance entitled An Ordinance Governing the Collection and Disposal of. Yard Wastes; to Define Certain Waste not Subjectto collection; to Provide Penalties for Waste Collection Ordinance Violations in the City of Tiffin, Iowa and known as 16'o was °- I duly passed by the Council on the 13th day of June 1990 and signed by the Mayor on the 13th day of June 1990 and published on the 18th day of June 1990 by posting copies thereof in three public places within the limits of the City of Tiffin, Iowa. That I posted copies of Ordinance No. 16'•6 _ in the following `places.: Mayor ' s Office z Flansburg's Hardware Morgan ' s Service Station U . S . Post Office wr Adelia S. Kern, TTY CLERK S r 5