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Code of Ordinances Amendment - Title 13 Placement of Containers for Collection Copyrighted June 5, 2017 City of Dubuque Action Items # 9. ITEM TITLE: Code of Ordinances Amendment- Title 13 Placement of Containers for Collection SUMMARY: City Manager recommending approval of an amendment to the City of Dubuque Code of Ordinances Section 13-6A4, Placement of Containers for Collection, which would allow placement of solid waste and recycling at the curb up to 24 hours before a scheduled collection, and removal of the solid waste containers and recycling containers within 24 hours after a scheduled collection. ORDINANCE Amending City of Dubuque Code of Ordinances Title 13 Public Utilities, Chapter 6, Solid Waste, Article A City or Private Collection Service, Section 13-6A4 Placement of Containers for Collection SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion A ATTACHMENTS: Description Type City Code Section 13-6A-4 Placement of Containers for City Manager Memo Collection-MVM Memo Staff Memo Staff Memo Ordinance Ordinance Suggested Motion Wording Supporting Documentation THE CITY OF Dub uq ue NI-A DUB E 11I1r Masterpiece on the Mississippi' -2012Zao� .zo1 3 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: City Code Section 13-6A-4, Placement of Containers for Collection DATE: May 24, 2017 The City of Dubuque Code of Ordinances states that trash containers can be placed at the curb up to 24 hours before the scheduled collection day. The Code also states non- compliant solid waste can remain at the curb no more than 24 hours after a scheduled collection day. The Code is currently silent regarding how far in advance recycling materials can be placed at the curb before the scheduled collection and how long solid waste containers and recycling containers can remain at the curb after a scheduled collection. Assistant City Attorney Maureen Quann recommends City Council approval of an amendment to the City of Dubuque Code of Ordinances Section 13-6A-4, Placement of Containers for Collection, which would allow placement of solid waste and recycling at the curb up to 24 hours before a scheduled collection, and removal of the solid waste containers and recycling containers within 24 hours after a scheduled collection. I concur with the recommendation and respectfully request Mayor and City Council approval. �� , Mic ael C. Van Milligen MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Maureen Quann, Assistant City Attorney THE CU__W&E F DB MEMORANDUM Masterpiece on the Mississippi MAUREEN A. QUANN, ESQ. ASSISTANT CITY ATTORNEY I*M, To: Michael C. Van Milligen City Manager DATE: May 24, 2017 RE: City Code Section 13-6A-4, Placement of Containers for Collection INTRODUCTION Attached please find a proposed amendment to City of Dubuque Code of Ordinances Section 13-6A-4, Placement of Containers for Collection, for your review and consideration. BACKGROUND Currently, the City of Dubuque Code of Ordinances (Code) states that trash containers can be placed at the curb up to twenty-four hours before the scheduled collection day. The Code also states non-compliant solid waste can remain at the curb no more than twenty-four hours after a scheduled collection day. The Code is currently silent regarding how far in advance recycling materials can be placed at the curb before the scheduled collection and how long solid waste containers and recycling containers can remain at the curb after a scheduled collection. DISCUSSION Several City departments, including but not limited to Police, Housing, and Building Services, receive periodic reports of solid waste containers and recycling containers remaining empty at curbsides for extended periods of time after scheduled collections. Without a timeframe in the Code, these departments have very limited ability to address this issue with property owners and tenants. With the proposed amendment, property owners and tenants can place solid waste and recycling at the curb up to twenty-four hours before a scheduled collection. Additionally, property owners and tenants must remove solid waste containers and recycling containers within twenty-four hours after a scheduled collection. RECOMMENDATION I request that the ordinance is reviewed and forwarded to the City Council for consideration and approval. Please let me know if you have any questions. MAQ:jmg Attachment cc: Mark Dalsing, Chief of Police Captain Kevin Klein Lieutenant Scott Baxter Corporal Scott Koch Corporal Luke Bock Officer Paul Avenarius Officer Brandon Bauer Mary Rose Corrigan, Public Health Specialist Robert Boge, General Housing Specialist Charlie Miller, Zoning Enforcement Officer Jeff Zasada, Inspector John Klosterman, Public Works Director Renee Tyler, Assistant Public Works Director Anderson Sainci, Resource Management Coordinator 2 Prepared by Maureen A. Quann, Esq. 300 Main Street, Suite 330 Dubuque, IA 52001 563 589-4381 ORDINANCE NO. 27-17 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 13 PUBLIC UTILITIES, CHAPTER 6 SOLID WASTE, ARTICLE A CITY OR PRIVATE COLLECTION SERVICE, SECTION 13-6A-4 PLACEMENT OF CONTAINERS FOR COLLECTION Section 1. Section 13-6A-4 of the City of Dubuque Code of Ordinances is amended to read as follows: 13-6A-4: PLACEMENT OF CONTAINERS FOR COLLECTION: A. Alleys: Where collections are made from alleys, solid waste containers shall be placed in one location for each dwelling, in clear view and at the owner's property line abutting the alley and on the days designated in said schedule. B. Streets: Where collections are made from the street, solid waste containers shall be placed in one location for each dwelling, in clear view and in the street right of way on the owner's property side of the curb and on the days designated in said schedule. Such containers shall be placed so as not to interfere with vehicular and pedestrian traffic and when emptied shall be promptly removed by the owner. C. Time Limit for Placement Of Containers On Streets: No person shall place solid waste or recycling at the street for collection more than twenty four (24) hours before the scheduled collection day. No person shall leave, solid waste containers or recycling containers at the street for more than twenty-four (24) hours after the scheduled collection day. D. Early Placement: All solid waste shall be placed at the designated collection location for city collection by six o'clock (6:00) A.M. on the scheduled collection day. E. Duty When Solid Waste Not Collected: Any solid waste not in compliance with this chapter shall not be collected by the city and shall be removed by the owner within twenty-four (24) hours after the scheduled collection day and stored in such a manner as not to create a health, safety or fire hazard. Section 2. This Ordinance takes effect on publication. Passed, approved, and adopted the 5th day of Jury, 2017. Attest: Kevin Firnstahl, City Clerk Roy D. Buol, NIyor EFFECT OF AMENDMENT 13-6A-4: PLACEMENT OF CONTAINERS FOR COLLECTION: A. Alleys: Where collections are made from alleys, solid waste containers shall be placed in one location for each dwelling, in clear view and at the owner's property line abutting the alley and on the days designated in said schedule. B. Streets: Where collections are made from the street, solid waste containers shall be placed in one location for each dwelling, in clear view and in the street right of way on the owner's property side of the curb and on the days designated in said schedule. Such containers shall be placed so as not to interfere with vehicular and pedestrian traffic and when emptied shall be promptly removed by the owner. C. Time Limit For Placement Of Containers On Streets: No person shall place solid waste or recycling at the street for collection more than twenty four (24) hours before the scheduled collection day. No person shall leave solid waste containers or recycling containers at the street for more than twenty four (24) hours after the scheduled collection day. D. Early Placement: All solid waste shall be placed at the designated collection location for city collection by six o'clock (6:00) A.M. on the scheduled collection day. E. Duty When Solid Waste Not Collected: Any solid waste not in compliance with this chapter shall not be collected by the city and shall be removed by the owner within twenty four (24) hours after the scheduled collection day and stored in such a manner as not to create a health, safety or fire hazard. STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: June 9, 2017, and for which the charge is $24.20. r �i�vi�vinl e—Ft U Subscribed to before m- otary Public in and for Dubuque County, Iowa, this '?'0 day of c , 20 /7 . Notary Public in and for Dubuque County, Iowa. MARY K WESTERMEYER Commission Number 154885 My Commission Exp. Feb. 1, 2020 OFFICIAL PUBLICATION ORDINANCE NO.27-17 AMENDING, CITY OF DUBUQUE CODE OF ORDINANCES . TITLE 13 PUBLIC UTILITIES, CHAPTER 6 SOLID WASTE, ARTICLE A -CITY OR ' PRIVATE COLLECTION SER- VICE, SECTION' 13-6A- . 4 PLACEMENT OF CONTAINERS FOR COLLECTION'• Section 1..Section.13-- 6A-4 of the' City'"`of Dubuque . ,!Gode ^: ,of Ordinances is amended to readasfollows: 13-6A-4: 'PL'ACEMENT. OF CONTAINERS. FOR `COLLECTION: ;A. ,Alleys: 'Where collections are made from alleys, solid • waste containers shall -be:'placed in one location : for each dwelling, -in. clear view and at the owner's property dine abutting the 'alley' and on .the days"designated in said schedule.. ' B. Streets: Where collections -are made,, from the street, solid waste containers shall be placed in one location for each dwelling, in clear view and in'.the street right of, way on the owner's property side of the curb and .on the days designated in said schedule:- Such con- tainers shall 'be placed so as not to interfere with .. vehicular and pedestrian traffic 'and' when emptied shall•be promptly removed by theowner. C:. Time Limit for Placement Of Contain-, • ers On Streets: ' No person shall place solid waste or recycling at the street for collection • more.than twenty four (24) hoursbefore. 'the scheduled collection day.' No person shall • leave solid waste con= tainers or recycling containers,atthe street. for more than twenty- ' four (24)' -hours after' the scheduled • collec- tion day. D. Early'Placement: All solid waste shall be .placed at the desig- nated collection loca= tion for city collection by six o'clock (6:00) A.M. on,the- 'scheduled• collection day. E. Duty When Solid Waste Not .Collected: Any solid waste not in, compliance with `.this. chapter -shalt, not be', collected by the city and ' shall be removed by• the owner within twenty=four. (24) hours after' the- ,scheduled collection `day and stored 'in such a manner- ,as ; not . to create -a health, safety or fire,hazard.--. Section 2. - This Ordinance takes.effect on publication. Passed; ' approved, and,' adopted. the 5th day ofiune,2017: ', : ., /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk ' .'r Published in . the • Telegraph Herald news: paper on the 9th'dayof, June, 2017. /s/Kevin'S. Firnstahl, 'City Clerk 1t 6/9