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Home My Public Portal AboutOrdinances-2004-265 • CITY OF TIFFIN ORDINANCE NO. 2004 265 } AN ORDINANCE -PROHIBITING UNLAWFUL DISPOSAL OF SOLID 'WASTE OR RECYCLABLE ITEMS ONTO PUBLIC LAND OR WATERCOURSES,OR INTO CONTAINERS NOT OWNED OR POSSESSED BY THE PERSON DISPOSING SOLID WASTE OR RECYCLABLE ITEMS .BE IT ENACTED BY THE'CITY OF TIFFIN, IOWA: • Section 1. Purpose. The purpose of this ordinance is: 1) to prohibit unlawful disposal of solid waste or recyclable items onto public waters or lands or exclusively owned containers for such disposal purposes; and 2) to establish a penalty for violation • for unlawful disposal; Section 2. Definitions for purposes of this ordinance: A. "Discard" shall mean to place, cause to be placed, throw, deposit, or drop. B. "Solid waste" shall mean garbage, trash, rubbish, refuse, furniture, appliances, con_struction or building materials, and also including yardwaste, but not limited to: grass clippings,tree, shrubs, or bush trimmings. C. "Recyclable `items" shall include, but not be limited to: newspapers, magazines, catalogs, cardboard, mixed paper (i.e.,junk mail, envelopes, etc.); waste oil; household batteries; Metals, tin aluminium or steel cans, plastics including fabric softner or milk jugs, etc). • D. "Container" shall mean a dumpster, or any receptacle for placement of solid waste for disposal or a receptacle for placement of recyclable items: E. "Person" shall hot be limited to a human being, but shall include and not be limited to an"entity" such as a business Section 3. A person shall not discard solid waste orz recyclable items onto or in any public watercourses or public property. Section,4. A person shall not discard solid waste or recyclable item's onto land area authorized for such purpose unless that person has written authorization to do so from the owner of such land area. • Section 5. A person shall not discard solid waste or recyclable items onto or in any containers provided for such purposes, in an attempt to avoid payment of a city service charge for collection of same, unless that person has written authority to use the container from the person who owns or possesses said container and provided Section 6 below is not violated. Page 1 of 3 C:\Documents and Settings\Administrator\Local Settings\Temporary Internet Files\OLK2\Garbage Disposal Unlawful Use Containers.doc Last printed 6/18/2004 9:20 AM kd • • Ordinance #2004-265 Page 2 Section 6. A person, whether owner, occupant, tenant or lessee using or occupying a building, house, or apartment shall not permit others to bring onto any property, refuse, garbage, or trash not generated on that property for the purpose of • disposing of these items through the city's trash collection services. Section 7. Penalty. Any person who violates this ordinance is subject to either a municipal infraction or a simple misdemeanor, as the City may elect. Section 8. Repealer. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 9. Severability. If any section, provision, or part.of this ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall..not affect the validity of the ordinance as a whole, or any section, provision, or part thereof not adjudged invalid or unconstitutional. Section 10. Effective Date. This ordinance shall,.be in effect after its final passage, approval, and posting as provided by law. On the 14th day of April 2004, at a regular meeting of the Tiffin City Council, Tiffin, Iowa, Councilperson Huedepohl introduced Ordinance No.2004-265 , and moved that it be given its first reading. The motion was seconded by Councilperson Gericke 'Ayes: Petersen, Gericke, Huedepohl, Dils, Bartels Nays: None F i vembers of the council being present and having voted "Aye", Mayor'Glen R. • Potter declared the motion carried, and Ordinance No. 2004-265 was read the first time and discussed and placed on record. • Thereupon, it was moved by Councilperson Huedepohl and seconded by Councilperson Gericke that the laws and rules providing that ordinances be considered and voted on for passage at two council meetings prior to the meeting at which it is to be finally passed be suspended and dispensed with and that Ordinance No. 2 0 0 4-265 be placed on its last reading. Ayes: Bartels, Dils, Gericke, Huedepohl, Peter'lsen Nays: None Five embers of the council being present and having voted "Aye", Mayor Glen R. Potter declared the motion carried, and Ordinance No. 2004-265 , was then placed on, its last reading and was read the last time. Page 2 of 3 C:\Documents and Settings\Administrator\Local Settings\Temporary Internet Files\OLK2\Garbage Disposal Unlawful Use Containers.doc Last printed 6/18/2004 9:20 AM kd sf Ordinance #2004-265 Thereupon, it was moved by Councilperson Bartels and seconded by Councilperson Di is that Ordinance No. 2 0 0 4-265 be placed upon its final passage and adopted. Ayes:• Dils, Gericke, HUedepohl, Petersen , Bartels Nays: None. Five members of the council being present and having voted "Aye", Mayor Glen R. Potter declared the motion carried, and the ordinance was passed and adopted. Whereupon the mayor declared that Ordinance No. 2 0 0 4-2 6 5 be adopted and signified his approval of same byfixing his`signature thereto. Passed by the council On the 14th day of April 2004 and approved by the mayor on the 14th day of Apri12004. _/)/J —Z-2.jatp GLEN R. POTTER,Mayor ATTEST: MA t e T B. I. AN, City Clerk I, Clerk of the City of Tiffin, Iowa,state that an ordinance entitled:. AN ORDINANCE PROHIBITING UNLAWFUL DISPOSAL OF SOLID WASTE OR RECYCLABLE .. ITEMS ONTO PUBLIC LAND OR WATERCOURSES OR INTO CONTAINERS NOT OWNED OR POSSESSED BY THE PERSON DISPOSING SOLID WASTE OR RECYCLABLE ITEMS and known as No. 2004- 2 6 5 was duly passed by the council on the 14th day of April 2004, and signed by the mayor on the 14th day of April 2004, and published on the 1 9th day of April 2004, by posting copies thereof in three public places within the limits of the City.of Tiffin, Iowa. • That I posted copies of Ordinance No. 2 0 0 4-265 in the following places: Morgan's Service On the Go Convenience Store Solon State Bank of Tiffin 41:- - - - MA •i=' T B. ' IHAir, City Clerk s .f F Pige 3 of 3 • C:\Documents and Settings\Administrator\Local Settings\Temporary Internet Files\OLK2\Garbage Disposal Unlawful Use Containers.doc ° Last printed 6/18/2004 9:20 AM kd •