City of
WAYNE,
NEBRASKA
__________
*Cross references: Buildings
and Building Regulations, ch. 18; Solid Waste Collectors, § 22-71 et seq.; Junkyards,
§ 22-151 et seq.; Environment, ch. 34; Health and Sanitation, ch. 42; Utilities,
ch. 82.
State law references: Solid
waste disposal, R.R.S. 1943, § 13-1701 et seq.; authority to provide for the
collection and removal of garbage and refuse, R.R.S. 1943, § 18-1752.
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Sec. 66-1. Definitions.
Sec. 66-2. Trash and waste.
Sec. 66-3. Containers.
Sec. 66-4. Additional containers.
Sec. 66-5. Disposal.
Sec. 66-6. Solid waste transfer; hours of operation.
Sec. 66-7. Waste disposal fees.
Sec. 66-8. Rejected deposits.
Sec. 66-9. Administration; penalties.
Sec. 66-10. Dead animals.
Sec. 66-11. Grass, leaves and burnable wood disposal.
Sec. 66-12. Garbage and refuse collection authority.
Sec. 66-13. Notice; removal.
Sec. 66-14. Nuisance.
Sec. 66-15. Lien.
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where the
context clearly indicates a different meaning:
Garbage means kitchen refuse, decayed waste, dead
animals, or anything that may decompose and become offensive to the public
health.
Rubbish or trash means discarded
machinery, chips, pieces of wood, sticks, dead trees, branches, bottles, broken
glass, crockery, tin cans, boxes, papers, rags, or any other litter or debris
that is not an immediate hazard to the health of the residents of the city.
Solid waste means garbage, rubbish,
trash and waste, as defined by the ordinances of this city.
(Code 1974, §§ 4-401--4-403)
Cross references: Definitions
generally, § 1-2.
It shall be unlawful for any person to keep in, on or about any
dwelling, building or premises, or any other place in the city, decayed
vegetable or animal substance, garbage, or refuse matter of any kind that may
be injurious to the public health or offensive to the residents of the city
unless it is kept in containers not exceeding a 35-gallon capacity, unless they
are a dumpster that can be mechanically lifted and dumped by a truck for
single-family dwellings and as nearly airtight as may be practical. Owners of duplexes, apartments, and mobile
home courts may provide roll-off dumpsters with lids for use by multiple
families in lieu of individual trash cans.
It shall be unlawful to throw or sweep into the streets, alleys, parks,
or other public grounds any paper, nails, pieces of glass, refuse, waste, or
rubbish of any kind. No person may permit garbage, rubbish, waste or refuse to
collect; and all persons shall remove such materials from their property within
24 hours after being notified to do so by the police chief or his designate,
who shall represent the board of health.
Any person having garbage, rubbish, waste or refuse that is subject to
decay or fermentation within a short period of time shall be required to place
it in a standard garbage can with a tight cover, or a durable plastic container
that is securely tied at its opening.
All persons shall have the contents of their garbage cans removed at
least once per week; provided garbage shall be removed more often at such times
as the council or the board of health shall determine.
(Code 1974, § 4-404; Ord. No. 2005-20, §, 8-9-2005)
Every householder or occupant of any dwelling, house or other
building used for the housing of persons, and the owner, keeper, or manager of
every hotel, restaurant, store, wholesale business and retail business, or
other place where garbage accumulates in the city, shall provide one or more
suitable plastic or metal garbage containers, including roll-off dumpsters, which
shall have a close-fitting lid and which shall be placed on the premises owned
or occupied by that person at a place that can be easily reached by the garbage
collector; provided the garbage container shall be kept in locations most
accessible to the collector and never upon the street or sidewalk; and all such
containers, where not easily accessible, shall be delivered promptly to the
collector when called for. Only
roll-off dumpsters may be used for the reception of garbage by more than one
family, household, apartment, mobile home park, hotel, restaurant, store,
wholesale or retail business. All
garbage created by or upon the premises occupied by such persons shall be
deposited in garbage containers which shall be kept tightly covered at all
times. Garbage shall be removed under
such rules and regulations as provided in this Code.
(Code 1974, § 4-405; Ord. No. 2005-20, §, 8-9-2005)
The Board of Health shall have authority to require the owners,
managers, or renters of restaurants, hotels, meat markets, stores, retail
business, and other places where garbage accumulates in quantities to furnish a
sufficient number of garbage containers to take care of such accumulations. The Board may also require that such
receptacles be removed in any of the ways contemplated by this Code and as
often as necessary. Failure to obey any
order or regulation of the Board of Health in connection with the
administration or enforcement of the provisions of this chapter shall be
construed as a violation of this chapter and shall subject the owner, manager
or renter to a fine of $50.00 for a first offense, $75.00 for a second offense
and $100.00 for a third and subsequent offense.
(Code 1974, § 4-406; Ord. No. 2005-20, §, 8-9-2005)
Solid waste may be disposed of by removing it to the solid waste
transfer station. Any other method of disposal other than set forth in the ordinances
of this city is prohibited. No person shall dispose of any such material by
burning within the corporate limits of the city except in an approved
incinerator within the person's residence or business building; however, if
such provision as to burning works a hardship on any person or business, the
council may grant a special permit for such burning and control such burning by
the terms of such permit. Nothing in this section shall prevent the use of
outdoor cookstoves when used for the purpose of cooking.
(Code 1974, § 4-407)
Sec.
66-6. Solid waste transfer; hours of
operation. (return to ch. 66)
(a) All solid waste
generated within the corporate limits of the city shall be deposited at the
solid waste transfer station, or as otherwise designated by the council;
provided that lawn, yard and garden waste, including but not limited to grass,
leaves, weeds, plants and tree branches, shall be prohibited from delivery at
the solid waste transfer station.
(b) The hours of operation
of the solid waste transfer station shall be determined by the city
administrator, and a current schedule shall be posted conspicuously at the
transfer station.
(c) If any solid waste
is deposited at the solid waste transfer station at times other than those
designated by the city administrator, including Sundays and city holidays, the
fees charged for receiving such solid waste shall be 1 1/2 times the fees
prescribed in section 66-7; except that no additional fees shall be charged
class A collectors for solid waste delivered to the solid waste transfer
station during normal city business hours.
(Code 1974, § 4-408)
Fees to be charged for the receiving of solid waste at the solid
waste transfer station shall be established by a resolution of the council.
(Code 1974, § 4-409)
Tree trimmings, brush, and logs in excess of six feet in length shall
not be received at the solid waste transfer station. Such solid waste may be
deposited for disposal at an approved site designated by the city.
Notwithstanding any other provision in this chapter, the city through its
authorized representatives, may reject any solid waste for deposit at the solid
waste transfer station which is incapable of or not conducive to compaction, or
presents a potential danger to the public health, safety, and welfare,
including but not limited to dead animals, animal waste material, wire, and hot
or burning loads. Construction and demolition debris rejected for deposit at
the solid waste transfer station shall be disposed of with cost at an approved
site designated by the city.
(Code 1974, § 4-410; Ord. No. 98-18, § 1, 11-24-1998)
Sec.
66-9. Administration; penalties. (return
to ch. 66)
The city administrator shall be responsible for the administration
of sections 66-1 through 66-8 and shall designate such officials and employees
as he deems necessary to assist in carrying out the provisions in these
sections. Any person violating the provisions of these sections or who shall
obstruct, hinder or otherwise prevent any authorized city official or employee
in the performance of his duties under these sections shall be guilty of a
misdemeanor and upon conviction shall be punished as provided in section 1-9.
(Code 1974, § 4-412)
All dead animals shall be immediately removed and buried by the
owner of such animals; and if the owner of such animal cannot be found within
two hours after discovering the animal, such animal shall be removed by and at
the expense of the city. Dead animals shall not be buried within nor within one
mile of the corporate limits of the city, nor in or above the course of
groundwater that is used for drinking purposes by the city or its inhabitants.
(Code 1974, § 4-413)
Cross references: Animals,
ch. 14.
Sec.
66-11. Grass, leaves and burnable wood
disposal. (return to ch. 66)
The grass, leaves and burnable wood, collected by licensed class A
collectors, may be disposed of by the class A collectors at other locations
other than the solid waste transfer station; however, if the grass, leaves and
burnable wood are disposed of within the zoning jurisdiction of the city, such
disposal site shall be designated and approved by the council.
(Code 1974, § 4-414)
Cross references: Vegetation,
ch. 86.
Sec.
66-12. Garbage and refuse collection
authority. (return to ch. 66)
The council may provide for the collection and removal of garbage
or refuse found upon any lot or land within its corporate streets, roads,
alleys or rights-of-way abutting such lot or land which constitutes a public
nuisance. The city may require the owner, duly authorized agent, or tenant of
such lot or land to remove the garbage or refuse from such lot or land and
streets, roads, alleys or rights-of-way.
(Code 1974, § 4-415)
Notice that removal of garbage or refuse is necessary and
mandatory shall be given to each owner or his duly authorized agent and to the
tenant, if any. Such notice shall be provided by personal service or by
certified mail. After providing such notice, the city through its proper
offices shall, in addition to other proper remedies, remove the garbage or
refuse, or cause it to be removed, from such lot or land and streets, roads,
alleys or rights-of-way.
(Code 1974, § 4-416)
If the mayor or council declares that the accumulation of such
garbage or refuse upon any lot or land constitutes an immediate nuisance and
hazard to public health and safety, the city shall remove the garbage or
refuse, or cause it to be removed, from such lot or land within 48 hours after
notice by personal service or following receipt of a certified letter in
accordance with section 66-13 if such garbage or refuse has not been removed.
(Code 1974, § 4-417)
Whenever the city removes any garbage or refuse, or causes it to
be removed, from any lot or land pursuant to this chapter, it shall, after a
hearing conducted by the council, assess the cost of the removal against such
lot or land.
(Code 1974, § 4-418)
