AN ORDINANCE REPEALING AND REPLACING CHAPTER 50 OF THE CODE OF ORDINANCES RELATING TO GARBAGE. NOW, THEREFORE BE IT ORDAINED BY THE CITY OF DAYTON, CAMPBELL COUNTY, KENTUCKY AS FOLLOWS:
That Chapter 50 of the City of Dayton Code of Ordinances is repealed and replaced with the following:
CHAPTER 50: GARBAGE
§ 50.01 PURPOSE.
The purpose of this chapter is to regulate solid waste disposal in the city. It is intended to make all persons within the city responsible for contributing to the public cleanliness of the city to promote the public health, safety, and welfare, and to protect the economic interests of citizens against unsanitary and unsightly conditions. It is further the intent of this subchapter to protect citizens from a health and safety menace and the expense incident to solid waste removal.
§ 50.02 DEFINITIONS.
For purposes of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ASHES. The residue resulting from the burning of wood, coal, coke, or other combustible material.
DISPOSAL. The storage, collection, disposal, or handling of refuse or garbage.
GARBAGE. All animal and vegetable wastes resulting from the handling, preparation, cooking or consumption of foods.
REFUSE. All solid wastes, except body wastes and garbage, and shall include ashes and rubbish.
RUBBISH. Glass, metal, paper, plant growth, wood or nonputrescible solid wastes.
§ 50.03. OWNER TO BE RESPONSIBLE FOR REAL PROPERTY.
The owner or his agent, or the occupant, of any real property within the city shall be responsible for the sanitary condition of the premises occupied by him. It shall be unlawful for any person to place, deposit, or allow to be placed or deposited on the real property any premises any refuse, garbage or rubbish, except as designated by the terms of this chapter.
§ 50.04 CONTAINERS.
(A) All refuse and garbage shall be drained free of liquids before disposal.
(B) Garbage shall be wrapped in paper or similar material.
(C) All cans, bottles, or other food containers shall be rinsed free of food particles and drained before disposal.
(D) Rubbish shall be either placed in approved containers, or cut and baled, tied, bundled, stacked, or packaged so as not to exceed thirty-six (36) inches in length and thirty (30) pounds in weight.
(E) Private property owners and/or their tenants shall not place out for collection or otherwise place in the public right-of-way any rubbish, clothing, mattresses, box springs, cushions, carpets, or other items unless the items are completely encapsulated so as to cover and securely envelop item in plastic.
§ 50.05 PREPARATION OF REFUSE AND GARBAGE.
(A) Garbage containers shall be made of durable, water-tight, rust-resistant material having a fly-tight lid and handles to facilitate collection.
(B) Refuse containers shall be made of durable water-tight, rust-resistant material having a fly-tight lid and handles to facilitate collection or if plastic bags are used, they shall be of heavy duty construction and securely tied.
(C) Refuse and garbage containers for a residence shall not be less than ten gallons, nor more than 90 gallons in capacity. There shall be no more than three (3) containers set out for any residential property at any time.
(D) It shall be unlawful to permit the accumulation of residue of liquids, solids, or a combination of such material on the bottom or sides of containers, it being the intention of this provision that the interior of containers shall be kept clean by thorough rinsing and draining as often as necessary.
(E) Paper or wooden boxes may be used as containers for rubbish, provided such boxes when filled do not exceed thirty-two (32) pounds in weight. Large stones and hot ashes will not be collected.
(F) Large containers to be handled by special equipment may be used if the contract collection has equipment to handle such containers. The containers must have fly-tight lids, and be placed on the premises where the collector has ready access.
§ 50.06 UNAUTHORIZED REFUSE AND GARBAGE.
It shall be unlawful to store or set out for collection the following types of garbage, refuse, rubbish or large items:
(A) Dangerous materials or substances such as poisons, acid, caustics, infected materials, and explosives;
(B) Materials resulting from the repair, excavation, or construction of buildings or structures, such as earth, plaster, mortar, concrete, roofing material, lumber, plumbing fixtures, and other similar materials;
(C) Materials that have not been prepared for collection in accordance with the provisions of City Ordinances;
(D) The solid waste resulting from industrial processes;
(E) Human or animal body wastes;
(F) Medical waste including, but not limited to, needles, syringes, blood, plasma, and bones;
(G) Tires; and
(H) Other waste as prohibited by federal, state, or local laws and regulations.
§ 50.07 STORAGE OF REFUSE AND GARBAGE.
(A) Each householder having refuse and/or garbage shall provide himself or herself with approved refuse and garbage containers and shall place and keep all refuse and/or garbage therein.
(B) Containers shall not be placed on the street right-of-way prior to 6:00 p.m., local time, on the day before scheduled collections, and shall be removed to the rear of the premises before 11:30 a.m., local time, the day following scheduled collections.
(C) It shall be unlawful to place refuse or garbage in any street, alley, or any other public place, or upon private property, whether owned or not, unless the refuse or garbage is placed in an approved container.
(D) Garbage and refuse must fit inside the container to allow sufficient room for the lid of the container to close completely.
(E) Owners and/or their tenants shall encapsulate and securely wrap in plastic any upholstered furniture, mattresses, pillows, cushions, box springs and similar items stored outside of a completely enclosed structure or placed out for collection or otherwise placed in the public right-of-way.
§ 50.08 COLLECTION PRACTICES.
(A) For the purpose of collection, refuse and garbage containers shall be placed at ground level, and be made readily accessible to the collector. They shall be on the side of the street from which collection is to be made.
(B) Notwithstanding the provisions of division (A), above, householders, commercial establishments, or other persons may, by contract, with collectors, be permitted to place containers at agreed places upon their premises.
§ 50.09 UNSCHEDULED SET OUT.
It shall be unlawful to set out garbage containers, other refuse, rubbish, or large items outside of the authorized schedule collection day unless special collection arrangements have been made in advance. In no event, shall garbage, refuse, rubbish or other large items be set out for more than twenty-four (24) hours before the special collection arrangement time.
§ 50.50 WASTE COLLECTION SERVICE FEE.
(A) For the purposes of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning:
(1) "OWNER OF IMPROVED REAL ESTATE." The titleholder of record.
(2) "PERSON, FIRM, OR CORPORATION DOING BUSINESS IN THE CITY OF DAYTON. KENTUCKY." The person, firm, or corporation in whose name the occupational license fee for said business is registered.
(3) “RESIDENTIAL UNIT.” A principal residential space occupied or designed for occupancy for residential purposes.
(4) “COMMERCIAL UNIT.” A principal non-residential building space of any size occupied or designed for occupancy by an individual non-residential business or public or private enterprise.
(B) There is hereby levied and imposed upon the owners of improved real estate in the City of Dayton, Kentucky and upon persons, firms, and corporations doing business in the City of Dayton, Kentucky, a waste collection service fee as follows:
(1) For each residential and commercial unit, the sum of one hundred twenty-eight dollars and sixteen cents ($128.16) payable as stated herein;
(2) For each business or commercial unit disposing of solid waste on average in excess of six (6) ninety (90) gallon containers per week shall contract directly with and pay directly a private waste collection service.
(C) The waste collection service fee provided by this section shall be added to the yearly ad valorem tax bill for the said property and shall be collected on or before the date due for such ad valorem taxes. All waste collection service fees remaining unpaid after such date shall be deemed delinquent and shall be subject to the same penalty as set for delinquent ad valorem taxes for the same year in addition to any other penalty provided under this chapter. Further, delinquent waste collection fees may be collected by the City Attorney in civil suit against the responsible party if all other methods of collection fail in any manner allowed by law.
(D) All proceeds collected under this section shall be paid into a separate fund to pay for the collection of waste, collection of debris, upkeep and cleanliness of the city and its properties and associated administrative costs.
§ 50.51 DUMPSTER USER FEE.
(A) Each and every resident of the city having refuse materials created in the city of a nature and size not accepted by the city's residential waste contractor, may have use of the city dumpster for the discharge of said materials provided that: (a) the materials do not include grass, weeds, trees or other biodegradable yard materials; (b) the materials are not of a toxic or hazardous nature; and (c) the materials will be accepted by the city's trash hauler.
(B) Each such qualified person shall make written application in person at the city business office between 9:00 a.m. and 3:30 p.m. to the City Clerk/Treasurer stating his or her name and address, the address of the property at which he or she resides, the date and time that materials will be transported to the dumpster, that the refuse material was created in the city, the amount of the material and the kind of material proposed for discharge. The City Clerk/Treasurer may request proof of any of the information requested and may request verification by the City Inspector that the refuse materials were created in the city and are acceptable.
(C) Upon satisfaction that the user meets the requirement, the City Clerk/Treasurer shall charge zero dollars ($0.00) for the first ninety-six (96) cubic feet of materials, or portion thereof, per residence, and collect a fee of forty-five dollars ($45.00) for each additional ninety-six (96) cubic feet of materials or portion thereof. The City Clerk/Treasurer shall issue the user a receipt stating the amount of materials, type of materials, date and time of discharge, and amount paid.
(D) The resident shall take the receipt, along with the materials to the dumpster site and present the receipt to the Superintendent of Public Works or his or her designee who shall inspect the materials and certify that the type of materials are acceptable and that the amount of materials does not exceed that stated in the receipt. Upon such finding, the user may discharge the materials into the city dumpster.
(E) All funds collected by the city shall be placed in the special fund created under §50.50(D).
This ordinance shall be in full force and effect from and after its adoption, approval and publication as is required by law.
PASSED by City Council of the City of Dayton, Campbell County, Kentucky assembled in regular session.
First Reading: 7.18.17
Second Reading: 8.1.17
Dayton Community News