Code of Ordinance Amendments - Title 13 Public Utilities - Solid Waste Copyrig hted
March 24, 2021
City of Dubuque
Special Meeting Action Items # 3.
ITEM TITLE: Code of Ordinance Amendments - Title 13 Public Utilities - Solid Waste
SUMMARY: ORDINANCE Amending Cityof Dubuque Code of Ordinances Title 13
Public Utilities, Chapter 6 Solid Waste, Sections 13-6-1 Definitions; 13-
6-3 Container Requirements; Collection Restrictions; 13-6-6 Storage
and Accumulation Restricted; 13-6-7 Hazardous and Prohibited Wastes
Regulated; and Title 13 Public Utilities, Chapter 6 Solid Waste, Article A
City or Private Collection Service, Sections 13-6A-2 Availability Of
Collection Services; 13-6A-3 Frequency, Time And Areas Of Collection;
13-6A-4 Placement Of Containers For Collection; 13-6A-6 Rates And
Charges Established; Exceptions; 13-6A-8 Yard Waste And Food
Scraps; 13-6A-9 Private Collection Service
SUGGESTED Suggested Disposition: Receive and File; Motion B; Motion A
DISPOSITION:
ATTACHMENTS:
Description Type
Request Change to Solid Waste Ordinance Staff Memo
Solid Waste Ordinance Change Ordinance
Suggested Motion Wording Supporting Documentation
Dubuque
THE CITY OF �
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TO: Michael C. Van Milligen, City Manager
FROM: John Klostermann, Public Works Director JK
SUBJECT: Proposed Revisions to Section 13-6A-6 of the Code of Ordinances
DATE: March 18, 2021
INTRODUCTION
The purpose of this memorandum is to submit a proposed ordinance for your review
and approval. This ordinance would revise paragraphs A, B, C, and E of Section 13-6A-
6.
DISCUSSION
Title 13 of the Code of Ordinances is entitled "Public Utilities." Chapter 6 of Title 13 is
entitled "Solid Waste." Section 13-6A-6 is entitled "Rates and Charges Established;
Exceptions." I recommend revision of paragraphs A, B,C and E of Section 13-6A-6
upon the City Council's approval of the $15.38 base monthly refuse and recyclables
collection service fee. The change also identifies the fees for the mandatory alley carts
of $15.38 for 34-gallon cart per month, $15.38 for a 48-gallon cart per month, $16.65
for a 64-gallon cart per month, and $24.78 for a 96-gallon cart per month.
Attached are the recommended ordinance and Effect of Amendment detailing the
changes proposed for Sections 13-6A-6.
RECOMMENDATION
Staff recommends that the proposed ordinance be approved by the City Manager and
the City Council.
Attachments
Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381
Return to Adrienne N. Breitfelder, City Clerk, 50 W. 13th St., Dubuque, IA 52001, (563) 589-4100
ORDINANCE NO. 9-21
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 13 PUBLIC
UTILITIES, CHAPTER 6 SOLID WASTE, SECTIONS 13-6-1 DEFINITIONS; 13-6-3
CONTAINER REQUIREMENTS; COLLECTION RESTRICTIONS; 13-6-6 STORAGE
AND ACCUMULATION RESTRICTED; 13-6-7 HAZARDOUS AND PROHIBITED
WASTES REGULATED; AND TITLE 13 PUBLIC UTILITIES, CHAPTER 6 SOLID
WASTE, ARTICLE A CITY OR PRIVATE COLLECTION SERVICE, SECTIONS 13-6A-
2 AVAILABILITY OF COLLECTION SERVICES; 13-6A-3 FREQUENCY, TIME AND
AREAS OF COLLECTION; 13-6A-4 PLACEMENT OF CONTAINERS FOR
COLLECTION; 13-6A-6 RATES AND CHARGES ESTABLISHED; EXCEPTIONS; 13-
6A-8 YARD WASTE AND FOOD SCRAPS; 13-6A-9 PRIVATE COLLECTION SERVICE
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 13-6-1 of the City of Dubuque Code of Ordinances is hereby
amended as follows:
13-6-1: DEFINITIONS:
For the purpose of this chapter the following definitions shall apply:
BUILDING MATERIALS: Any material such as lumber, floor coverings, brick, plaster,
sheet metal or any other substances accumulated as a result of repairs or additions to
existing buildings, construction of new buildings or demolition of existing structures.
CLASS I PREMISES: Shall mean and include the following properties in the City of
Dubuque:
A. Single-family dwellings.
B. Multiple -family dwellings up to and including six (6) dwelling units.
C. Dwelling units in business or commercial premises.
Where two (2) or more laterally connected or joined dwelling units, including
condominiums, townhouses and row houses, in which each dwelling unit has
separate access and utility service, each dwelling unit shall constitute a single-
family dwelling.
CLASS II PREMISES: Residential premises other than Class I residential premises,
located in the City of Dubuque, including:
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B. Schools, colleges, churches, convents, nursing homes, rooming houses and other
semiprivate institutions; and
C. Multiple-family dwellings exceeding six (6) dwelling units.
CLASS III PREMISES: All business and commercial premises located in the City of
Dubuque, including that part of a residential premises with a business or commercial use.
DWELLING: Shall mean and include any building or portion thereof containing one or
more dwelling units.
DWELLING UNIT: Shall mean and include one or more connected rooms having
complete kitchen facilities and arranged, designed or used as living quarters for one
family only.
FOOD SCRAPS: Solid, semisolid and liquid animal and vegetable residuals resulting from
the handling, preparing, cooking, storing, serving and consuming of food.
GARBAGE: All solid and semisolid, putrescible animal and vegetable wastes resulting
from the handling, preparing, cooking, storing, serving and consuming of food or of
material intended for use as food, and all offal, excluding useful industrial byproducts, and
shall include all such substances from all public and private establishments and from all
residences.
HAZARDOUS WASTES: Waste materials, including, but not limited to, poisons,
pesticides, herbicides, acids, caustics, biohazardous wastes, flammable or explosive
materials and similar harmful wastes which require special handling and which must be
disposed of in such a manner as to conserve the environment and protect the public
health and safety.
OTHER COMPOSTABLE MATERIALS: Napkins, plates, cups, bowls, towels, tissues,
and takeout containers made from paper as well as other materials as approved by the
city manager.
OWNER: In addition to the record titleholder, any person residing in, renting, leasing,
occupying, operating or transacting business in any premises and as between such
parties, the duties, responsibilities, liabilities and obligations hereafter imposed shall be
joint and several.
PREMISES: A building or part of a building and its grounds located in the City of Dubuque.
RECYCLABLE MATERIALS: Materials, including, but not limited to, food container glass,
aluminum, steel (tin) cans, no. 1 and no. 2 plastic bottles, uncontaminated newspapers
and glossy paper (magazines). Newspapers and glossy paper shall be considered
uncontaminated if they have not been exposed to substances or conditions rendering
them unusable for recycling.
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REFUSE: Putrescible and nonputrescible wastes including, but not limited to, garbage,
rubbish, ashes, incinerator ash, incinerator residues, street cleanings, market and
industrial solid wastes and sewage treatment wastes in dry or semisolid form.
RUBBISH: Nonputrescible solid waste consisting of combustible and noncombustible
wastes, such as furniture, appliances, tires, building materials or similar wastes.
SOLID WASTE: Garbage, refuse, rubbish, and other similar discarded solid or semisolid
materials, including, but not limited to, such materials resulting from industrial,
commercial, agricultural, and domestic activities. Solid waste includes vehicles. Solid
waste does not include toxic and hazardous wastes as defined by the lowa department
of natural resources.
YARD WASTE: Debris such as grass clippings, leaves, garden wastes, brush and trees
as defined by the lowa department of natural resources. Yard waste does not include tree
stumps. (Ord. 20-06, 3-2-2006, eff. 4-3-2006)
Section 2. Section 13-6-3 of the City of Dubuque Code of Ordinances is hereby
amended as follows:
13-6-3: CONTAINER REQUIREMENTS; COLLECTION RESTRICTIONS:
A. Disposal in Containers; Preparation of Waste for Disposal: Solid waste shall be placed
in bags secured with tags or otherwise sealed and placed in suitable containers.
However, it shall not be necessary to place books, boxes, magazines or newspapers
in containers, provided they are securely tied in bundles or completely contained in
disposable boxes not more than twenty by thirty by forty-eight inches (20 x 30 x 48").
Tree limbs and carpet shall be securely tied in bundles not more than forty-eight inches
(48") long and eighteen inches (18") in diameter.
B. Container Standards: A standard solid waste container shall be not more than thirty-
five (35) gallons nor be less than five (5) gallons in capacity except when only one
container is used, in which case such container may be less than five (5) gallons in
capacity. All such containers shall be waterproof and fitted with a tight lid and shall
have handles, bails, or other suitable lifting devices. Containers shall be of a type
originally manufactured for refuse or garbage, with tapered sides for easy emptying,
and shall be of lightweight and sturdy construction. The weight of any individual
standard container and its contents shall not exceed forty (40) pounds. Galvanized
steel and similar metal containers, rubber containers, and plastic containers which do
not become brittle in cold weather, may be used. Oil or grease drums, paint cans, and
similar salvaged containers shall not be used. Disposable bags manufactured for
garbage and solid waste disposal shall be acceptable unless they are left unattended
for such a period of time or in such a location as to become a health hazard.
C. Healthcare Waste:
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1. Except for Class II premises, healthcare waste shall be placed in suitable
containers separately from all other solid waste. Sharp objects such as hypodermic
needles, syringes and lancets shall be securely contained in hard plastic or metal
disposable containers with screw on or tightly secured lids for collection. Broken
glass and similar materials shall be placed in disposable boxes with a secure
closure. Other healthcare waste such as soiled bandages, disposable sheets and
medical gloves shall be placed in thick disposable plastic bags or shall be double
bagged.
2. Class II premises shall comply with all occupational safety health administration
(OSHA) regulations concerning the disposal of potentially infectious wastes.
D. Unacceptable Items for Collection: A basket, box or noncomplying solid waste
container shall be considered disposable solid waste and shall be removed by the
collection crews if it is the proper size and otherwise acceptable for collection. It shall
be left uncollected if it is larger than the allowable size or otherwise unacceptable for
collection.
E. Recycling Containers Provided: One curbside recycling container shall be provided by
the city to each dwelling unit in Class I premises for the collection of recyclable
materials.
F. Large and Bulky Rubbish: Large and bulky rubbish such as furniture and appliances
shall not be collected except when a special collection is established by the city
manager for the collection of such items. (2007 Code § 40-18)
Section 3. Section 13-6-6 of the City of Dubuque Code of Ordinances is hereby
amended as follows:
13-6-6: STORAGE AND ACCUMULATION RESTRICTED:
A. Storage In Metal Containers: Within the corporate limits of the city, all garbage or
refuse consisting of waste animal or vegetable matter upon which rats may feed, and
all small dead animals, shall be placed and stored until collected in covered metal
containers of a type prescribed by the health officer.
B. Dumping on Premises or Waterways Prohibited: It is unlawful for any person to dump
or place on any premises, land or waterway, any dead animals, or any waste
vegetable or animal matter of any kind.
C. Providing Harborage For Rats: It shall be unlawful for any person to place, leave,
dump, or permit to accumulate any garbage, rubbish or trash in any building or on any
premises, improved or vacant, or on any open lot or alley in the city so that the same
shall or may afford food or harborage for rats.
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D. Lumber And Boxes Placed On Elevated Racks: It shall be unlawful for any person to
permit to accumulate on any premises, improved or vacant, or on any open lot or alley
in the city any lumber, boxes, barrels, bottles, cans, containers or similar material that
may be permitted to remain thereon unless same shall be placed on open racks that
are elevated not less than eighteen inches (18") above the ground, and evenly piled
or stacked. (2007 Code § 31-74)
Section 4. Section 13-6-7 of the City of Dubuque Code of Ordinances is hereby
amended as follows:
13-6-7: HAZARDOUS AND PROHIBITED WASTES REGULATED:
A. Deposits Prohibited Except For Special Collection: No person shall deposit in a solid
waste container or otherwise offer for city collection any hazardous wastes or
prohibited wastes, except when a special collection is established by the city manager
under subsection 13-6-3F of this chapter.
B. Transportation by Owner: Hazardous wastes and prohibited wastes shall be
transported by the owner to a sanitary disposal project licensed by the lowa
department of natural resources to accept such wastes.
C. Prohibited Wastes Described: "Prohibited wastes" includes, but is not limited to, waste
oils, lead acid batteries and tires. (2007 Code § 40-21)
Section 5. Section 13-6A-2 of the City of Dubuque Code of Ordinances is hereby
amended as follows:
13-6A-2: AVAILABILITY OF COLLECTION SERVICE:
A. Collection service is provided within the City of Dubuque to residents and businesses
located within city limits as outlined below. The City Manager may consider requests
for service outside of city limits, in the City Manager's sole discretion.
B. Class I Premises: City solid waste collection from residential premises as defined in
section 13-6-1 of this chapter shall be mandatory.
C. Class II Premises: Class II premises not serviced by City solid waste collection
services may apply to the City Manager for such collection services. The collection
rate shall be determined according to the fee schedule set forth in section 13-6A-6 of
this article.
D. Class III Premises: Class III premises not serviced by City solid waste collection
services may apply to the City Manager for such collection services. The collection
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rate shall be determined according to the fee schedule set forth in section 13-6A-6 of
this article.
E. Recycling Services: Class II premises not serviced by City solid waste collection
service and Class III premises may apply to the City Manager for such recycling
services. The collection rate shall be determined according to the fee schedule set
forth in section 13-6A-6 of this article.
F. Refusal of Service: The City Manager may refuse solid waste collection service or
recycling services because of quantities or characteristics beyond the capacity or
capability to be handled efficiently or safely by City personnel and equipment. (Ord.
14-19, 3-7-2019, eff. 7-1-2019)
Section 6. Section 13-6A-3 of the City of Dubuque Code of Ordinances is hereby
amended as follows:
13-6A-3: FREQUENCY, TIME AND AREAS OF COLLECTION:
A. Frequency And Time Of Collection: Collections shall be made not more than once
weekly at such time and in such areas of the City as shall be determined and set out
in schedules prepared by the City Manager in accordance with the provisions of this
article. All collections shall be made between the hours of six o'clock (6:00) A.M. and
nine o'clock (9:00) P.M.
B. Collection Schedule: The collection schedule shall not include official City holidays
unless otherwise determined by the City Manager. However, a Saturday may be
substituted as the collection day to replace the collection which would otherwise be
made on the day of the week the holiday occurs.
C. Authority to Change Schedule: The City Manager is hereby authorized and
empowered to change or amend the collection schedules from time to time as the City
Manager may deem necessary. (2007 Code § 40-33)
Section 7. Section 13-6A-4 of the City of Dubuque Code of Ordinances is hereby
amended 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
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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. (Ord. 27-17, 6-5-2017)
Section 8. Section 13-6A-6 of the City of Dubuque Code of Ordinances is hereby
amended as follows:
13-6A-6: RATES AND CHARGES ESTABLISHED; EXCEPTIONS:
A. Class I Premises:
1. Base Fee and Conditions: Unless subscribed to a solid waste cart, a fee of fifteen
dollars and thirty-eight cents ($15.38) per dwelling unit per month shall be paid to
the City by the property owner of each Class I premises for such solid waste
collection services. Said fee shall be in payment for collection and disposal of one
(1) 35-gallon can or one (1) 35-gallon trash bag of "solid waste" as defined in this
chapter. There is no limit on the number of bins allowed to be collected containing
acceptable "recyclable materials" as defined in this chapter.
2. Solid Waste Cart Subscriptions:
a. Mandatory Subscription Alleys:
(1) Carts Required: Alley carts, owned by the City for semiautomated lifting, are
required to be subscribed to in certain alleys, by owners, tenants, and/or
property managers of Class I premises where the approved set out location
is in a mandated alley. Subscribers must comply with program requirements
as approved by the City Manager. The customer shall choose the number
and size of the cart. The options include a thirty-four (34), forty-eight (48),
sixty-four (64), or ninety-six (96) gallon solid waste cart.
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(2) Mandatory Alley Fees: The fee for a thirty-four (34) gallon solid waste cart
is fifteen dollars and thirty-eight cents ($15.38) per month. The fee for a
forty-eight (48) gallon solid waste cart is fifteen dollars and thirty-eight cents
($15.38) per month. The fee for a sixty-four (64) gallon solid waste cart is
sixteen dollars and sixty-five cents ($16.65) per month. The fee for a ninety-
six (96) gallon solid waste cart is twenty-four dollars and seventy-eight
cents ($24.78) per month.
b. Optional Cart Subscriptions:
(1) Optional Carts: In the areas where solid waste carts, owned by the City for
semi-automated lifting, are not mandated carts may be subscribed to by
owners and/or property managers of Class I premises. Subscribers must
comply with program requirements as approved by the City Manager. The
customer shall choose the number and size of the cart. The options include
thirty-four (34), forty-eight (48), sixty-four (64), or ninety-six (96) gallon solid
waste carts.
(2) Optional Cart Fees: The fee for a thirty-four (34) gallon solid waste cart is
fifteen dollars and thirty-eight cents ($15.38) per month. The fee for a forty-
eight (48) gallon solid waste cart is seventeen dollars and twenty-two cents
($17.22) per month. The fee for a sixty-four (64) gallon solid waste cart is
twenty dollars and sixty-five cents ($20.65) per month. The fee for a ninety-
six (96) gallon solid waste cart is twenty-nine dollars ($29.00) per month.
c. Multifamily Dwellings: Multifamily dwellings required to subscribe to alley carts
and multifamily dwellings opting to subscribe to solid waste cart(s) must provide
a minimum of thirty (30) gallons of capacity for each dwelling unit. The City
may, in its sole discretion, require additional capacity per unit if thirty (30)
gallons for each dwelling unit is insufficient. The City shall notify the applicable
account holder in writing of the additional capacity requirement.
3. Class I Premises Exceptions:
a. When a Class I premises has been vacant for a period not less than two (2)
consecutive months, the owner may apply to the City Manager for a credit
under procedures to be established by the City Manager. Such credit shall
continue only so long as the Class I premises is vacant.
b. In cases of extreme financial hardship, the City Manager may, and is hereby
authorized and empowered to, make adjustments in the monthly collection
charges as the City Manager may deem appropriate. In such cases, the City
Manager shall have the authority to require such proof of financial status or
extreme hardship, as the City Manager may deem necessary.
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c. When resident(s) of a Class I premises has an annual income equal to or less
than the income standards used by HUD for its "Section 8 Housing Program"
for the size of that household may, upon application to the City Manager or
designee, be exempted from one-half (�/2) the established collection charge.
After the initial application, annual application shall be made by the account
holder of the City of Dubuque utility bill for the premises to verify annual income
and eligibility.
B. Class II Premises:
1. Base Fees and Conditions: Unless subscribed to a solid waste cart, a fee of fifteen
dollars and thirty-eight cents ($15.38) per month shall be paid to the City by the
property owner of each Class II premises for such solid waste collection services.
Said fee shall be in payment for collection and disposal of one (1) 35-gallon can or
one (1) 35-gallon trash bag of "solid waste" as defined. There is no limit on the
number of bins allowed to be collected containing acceptable "recyclable
materials" as defined.
2. Solid Waste Cart Subscriptions:
a. Mandatory Subscription Alleys:
(1) Carts Required: Alley carts, owned by the City for semiautomated lifting, are
required to be subscribed to in certain alleys, by owners, tenants, and/or
property managers of Class II premises where the approved set out location
is in a mandated alley. Subscribers must comply with program requirements
as approved by the City Manager. The customer shall choose the number
and size of the cart. The options include a thirty-four (34), forty-eight (48),
sixty-four (64), or ninety-six (96) gallon solid waste cart.
(2) Mandatory Alley Fees: The fee for a thirty-four (34) gallon solid waste cart
is fifteen dollars and thirty-eight cents ($15.38) per month. The fee for a
forty-eight (48)gallon solid waste cart is fifteen dollars and thirty-eight cents
($15.38) per month. The fee for a sixty- four (64) gallon solid waste cart is
sixteen dollars and sixty-five cents ($16.65) per month. The fee for a ninety-
six(96) gallon solid waste cart is twenty-four dollars and seventy-eight cents
(24.78) per month.
b. Optional Cart Subscriptions:
(1) Optional Carts: In the areas where solid waste carts, owned by the City for
semi-automated lifting, are not mandated carts may be subscribed to by
owners and/or property managers of Class II premises. Subscribers must
comply with program requirements as approved by the City Manager. The
customer shall choose the number and size of the cart. The options include
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thirty-four (34), forty-eight (48), sixty-four (64), or ninety-six (96) gallon solid
waste carts.
(2) Optional Cart Fees: The fee for a thirty-four (34) gallon solid waste cart is
fifteen dollars and thirty-eight cents ($15.38) per month. The fee for a forty-
eight (48) gallon solid waste cart is seventeen dollars and twenty-two cents
($17.22) per month. The fee for a sixty-four (64) gallon solid waste cart is
twenty dollars and sixty-five cents ($20.65) per month. The fee for a ninety-
six (96) gallon solid waste cart is twenty-nine dollars ($29.00) per month.
c. Multifamily Dwellings: Multifamily dwellings required to subscribe to alley carts
and multifamily dwellings opting to subscribe to solid waste cart(s) must provide
a minimum of thirty (30) gallons of capacity for each dwelling unit.
3. Termination: The owner of a Class II premises served by the City solid waste
collection may provide the City Manager with not less than fourteen (14) days'
written notice of intent to terminate the service. Such termination of service shall
be effective at the beginning of the next billing period after such fourteen (14) day
notice period.
4. Recycling Only: Upon approval of an application for City recycling collection a fee
of six dollars ($6.00) per month per unit shall be paid to the City by the property
owner of each Class I I premises not serviced by City solid waste collection services
for recycling collection.
C. Class III Premises:
1. Base Fees and Conditions: Unless subscribed to a solid waste cart, a fee of fifteen
dollars and thirty-eight cents ($15.38) per dwelling per month shall be paid to the
City by the property owner of each Class III premises for such services. Said fee
shall be in payment for collection and disposal of one (1) 35-gallon can or one (1)
35-gallon trash bag of "solid waste" as defined. There is no limit on the number of
bins allowed to be collected containing acceptable "recyclable materials" as
defined.
2. Solid Waste Cart Subscriptions:
a. Mandatory Subscription Alleys:
(1) Required Carts: Alley carts, owned by the City for semiautomated lifting, are
required to be subscribed to in certain alleys, by owners, tenants, and/or
property managers of Class III premises where the approved set out
location is in a mandated alley. Subscribers must comply with program
requirements as approved by the City Manager. The customer shall choose
the number and size of the cart. The options include a thirty-four (34), forty-
eight (48), sixty-four (64), or ninety-six (96) gallon solid waste cart.
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(2) Mandatory Alley Fees: The fee for a thirty-four (34) gallon solid waste cart
is fifteen dollars and thirty-eight cents ($15.38) per month. The fee for a
forty-eight (48)gallon solid waste cart is fifteen dollars and thirty-eight cents
($15.38) per month. The fee for a sixty-four (64) gallon solid waste cart is
sixteen dollars and sixty-five cents ($16.65) per month. The fee for a ninety-
six(96) gallon solid waste cart is twenty-four dollars and seventy-eight cents
($24.78) per month.
b. Optional Cart Subscriptions:
(1) Optional Carts: In the areas where solid waste carts, owned by the City for
semi-automated lifting, are not mandated carts may be subscribed to by
owners and/or property managers of Class III premises. Subscribers must
comply with program requirements as approved by the City Manager. The
customer shall choose the number and size of the cart. The options include
thirty-four (34), forty-eight (48), sixty-four (64), or ninety-six (96) gallon solid
waste carts.
(2) Optional Cart Fees: The fee for a thirty-four (34) gallon solid waste cart is
fifteen dollars and thirty-eight cents ($15.38) per month. The fee for a forty-
eight (48) gallon solid waste cart is seventeen dollars and twenty-two cents
($17.22) per month. The fee for a sixty-four (64) gallon solid waste cart is
twenty dollars and sixty-five cents ($20.65) per month. The fee for a ninety-
six (96) gallon solid waste cart is twenty-nine and dollars ($29.00) per
month.
3. Termination: The owner of a Class III premises served by City solid waste
collection may provide the City Manager with not less than fourteen (14) days'
written notice of intent to terminate the service. Such termination of service shall
be effective at the beginning of the next billing period after such fourteen (14) day
notice period.
4. Recycling Only: Upon approval of an application for City recycling collection a fee
of six dollars ($6.00) per month per unit shall be paid to the City by the property
owner of each Class III premises not serviced by City solid waste collection
services for recycling collection.
D. Unit Based Pricing: Collection options and charges under unit-based pricing for Class
I, II and III premises are as follows:
1. A yearly subscription for weekly collection of an additional standard solid waste
container, or containers, may be subscribed for an additional eight dollars ($8.00)
each per month.
2. Oversized, nonstandard rigid solid waste containers of up to fifty (50) gallons in
capacity may be subscribed as the one container covered under the base monthly
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solid waste fee for an additional five dollars ($5.00) per month. Such containers
shall be holders for standard trash bags for manual removal by City crews, shall
not contain any loose material, and shall not be lifted and dumped by crews.
Individual trash bags held in the oversized container shall weigh no more than forty
(40) pounds.
3. A yearly subscription for weekly collection of an additional oversized solid waste
container, or containers, may be subscribed for an additional twelve dollars
($12.00) each per month.
4. Official City of Dubuque single-use stickers costing one dollar and fifty cents
($1.50) shall be applied to each additional standard solid waste container or small
bulky or bundled item in excess of the one standard solid waste container collected
under the base monthly solid waste fee or any additional subscribed container(s).
5. Multiple-family dwellings of three (3), four (4), five (5), and six (6) dwelling units as
well as Class II or Class III premises sharing a common set out location with other
City solid waste customers shall only use approved rigid solid waste containers
with permanent identification as to the specific premises. However, for the two (2)
weeks following Christmas, excess solid waste may be set out in trash bags with
applied City of Dubuque single use stickers. The capacity must be a minimum of
thirty (30) gallons per dwelling unit.
E. Special Collection: The charge for a special collection service for large and bulky
rubbish to each dwelling unit receiving such service when requested by the owner
shall be as follows:
1. A fee of ten dollars ($10.00) shall be paid by the owner for each time the service
is provided for up to the equivalent of three (3) cubic yards of solid waste.
2. An additional fee of twelve dollars and fifty cents ($12.50) shall be paid for each
additional three (3) cubic yards of solid waste.
3. An additional fee for tires, equal to the disposal fees charged at the Dubuque Metro
Landfill, shall be paid to the City by the owner for each tire.
4. An additional fee of ten dollars ($10.00) shall be paid to the City by the owner for
each appliance collected in the service.
5. An additional fee of ten dollars ($10.00) shall be paid to the City by the owner for
each collection requested by the owner to be scheduled for service on a day not
receiving weekly collection at the service address.
6. An additional fee of ten dollars ($10.00) shall be paid to the City by the owner for
each collection requested by the owner to be scheduled for immediate service or
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whenever crews are sent back to the service address to collect items that were not
properly set out on time as previously scheduled.
7. An additional fee of twenty dollars ($20.00) shall be paid to the City by the owner
for each collection requested by the owner to be scheduled for collection of
electronics including one device with an electronic screen (laptops, monitors, TVs,
etc.). An additional fifteen-dollar ($15.00) fee will apply for each additional device
with an electronic screen set out per collection. (Ord. 14-19, 3-7-2019, eff. 7-1-
2019)
Section 9. Section 13-6A-8 of the City of Dubuque Code of Ordinances is hereby
amended as follows:
13-6A-8: YARD WASTE AND FOOD SCRAPS:
A. Separation of Yard Waste: Yard waste shall be separated by the owner of a premises
from all other solid waste.
B. Composting: An owner may compost such person's own yard waste and food scraps
on such person's own premises, provided the same is stored in such a manner as to
not create a fire, health or safety hazard.
C. Collection Schedule for Yard Waste: Yard waste that has not been composted shall
be collected by the City not more than once each week according to the collection
schedule established by the City Manager.
D. Preparation Of Waste: Containerized yard waste collected by the City shall be placed
in degradable paper bags with an affixed single use sticker or in rigid waste containers
with an affixed single use tag or in permanent waste containers with an affixed annual
yard waste decal or in a subscribed sixty-five (65) gallon City owned yard waste cart
or be contained by tying devices approved by the City Manager. The charges for
collection and disposal of "yard waste" as defined shall be as follows:
1. The fee for tying devices approved by the City Manager shall be one dollar thirty
cents ($1.30) each.
2. The fee paid to the City by a customer of record with the City for an annual yard
waste decal for a rigid waste container shall be thirty-five dollars ($35.00) each
through June 30 of each year. The fee shall be reduced by one-half ('/2) on July 1
of each year and again by one-half(�/2) on September 1 of each year. A decal shall
only be used by the customer of record with the City who purchased it.
3. The fee for single use stickers shall be one dollar and thirty cents ($1.30) each.
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4. The fee paid to the City for subscription to a sixty-five (65) gallon City owned yard
waste cart shall be eleven dollars ($11.00) per month.
5. The minimum fee paid to the City for collection of a scheduled leaf rake out is
twenty dollars ($20.00) for a forty (40) standard leaf bag equivalent pile of leaves
in the parking lane at the curb.
E. Food Scrap Collection Program Subscribers: Subscribers to the food scrap collection
program shall set out City owned carts containing food scraps and other compostable
materials.
SUBSCRIBER WEEKLY FOOD SCRAP COLLECTION SERVICES
r - f
Cart Monthly
Customer Class Size Rates
C ti y refuse customers and K - 12 schools 13 gallon � $1.00
�
48 gallon $8.00
� �
64 gallon $11.00
Commercial customers without City refuse 13 gallon $4.00
� collection
� 48 gallon $15.00
64 gallon $20.00
�
1. Such carts shall be co-collected with yard waste. The customer shall choose the
number and size of the cart(s).
2. Such carts shall be set out weekly to reduce potential nuisance concerns. Failure
to use, store or set out the cart properly shall cause the subscription to be
terminated.
F. Deposits in Public Rights-Of-Way Prohibited: No person shall deposit any yard waste
orfood scraps in any public right-of-way. (Ord. 4-16, 3-14-2016, eff. 7-1-2016)
Section 10. Section 13-6A-9 of the City of Dubuque Code of Ordinances is hereby
amended as follows:
13-6A-9: PRIVATE COLLECTION SERVICE:
A. License Required: No person shall engage in the business of removing or hauling
solid waste from the premises of another person without a license to do so from the
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13-6A-9: PRIVATE COLLECTION SERVICE:
A. License Required: No person shall engage in the business of removing or hauling
solid waste from the premises of another person without a license to do so from the
City Manager. The issuance of such license shall be in the manner prescribed and
subject to the terms of title 4, chapter 1 of this Code. (2007 Code § 40-46)
B. Application for License; Fee: Application for such license shall specify the type of
equipment and vehicles to be used, the routes to be traveled, the places to be served
and the name and residence of the applicant. Such person shall pay, at the Office of
the City Treasurer, an annual license fee of twenty-five dollars ($25.00) per year for
each vehicle engaged in such business. (2007 Code § 40-47)
C. Display of License Number on Vehicle: No person shall operate a vehicle licensed
under this section unless the license number is prominently displayed on the lower
portion of the driver's side of the windshield in clear view. Such license number shall
be affixed to the vehicle not less than five (5) days after the day of issue. (2007 Code
§ 40-48)
D. Separability of Provisions: It is the intention of the City Council that each subsection,
paragraph, sentence, clause and provision of this section is separable, and if any
provision is held unconstitutional or invalid for any reason, such decision shall not
affect the remainder of this section nor any part thereof other than that affected by
such decision. (2007 Code § 40-50)
Section 11. This ordinance shall take effect on July 1, 2021.
Passed, approved, and adopted this 24th day of March, 2021.
Attest:
° 4
, ap's
Adrienne N. Breitfelder, Ci y Clerk
//1 r
4.-�
Roy D. B ol, Mayor
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EFFECT OF AMENDMENT
13-6-1: DEFINITIONS:
For the purpose of this chapter the following definitions shall apply:
BUILDING MATERIALS: Any material such as lumber, floor coverings, brick, plaster,
sheet metal or any other substances accumulated as a result of repairs or additions to
existing buildings, construction of new buildings or demolition of existing structures.
CLASS I PREMISES: Shall mean and include the following properties in the City of
Dubuque:
A. Single-family dwellings.
B. Multiple-family dwellings up to and including six (6) dwelling units.
C. Dwelling units in business or commercial premises.
Where two (2) or more laterally connected or joined dwelling units, including
condominiums, townhouses and row houses, in which each dwelling unit has
separate access and utility service, each dwelling unit shall constitute a single-
family dwelling.
CLASS II PREMISES: Residential premises other than Class I residential premises,
located in the City of Dubuque, including:
A. Dwellings in trailer courts;
B. Schools, colleges, churches, convents, nursing homes, rooming houses and other
semiprivate institutions; and
C. Multiple-family dwellings exceeding six (6) dwelling units.
CLASS III PREMISES: All business and commercial premises located in the City of
Dubuque, including that part of a residential premises with a business or commercial use.
DWELLING: Shall mean and include any building or portion thereof containing one or
more dwelling units.
DWELLING UNIT: Shall mean and include one or more connected rooms having
complete kitchen facilities and arranged, designed or used as living quarters for one
family only.
FOOD SCRAPS: Solid, semisolid and liquid animal and vegetable residuals resulting from
the handling, preparing, cooking, storing, serving and consuming of food.
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GARBAGE: All solid and semisolid, putrescible animal and vegetable wastes resulting
from the handling, preparing, cooking, storing, serving and consuming of food or of
material intended for use as food, and all offal, excluding useful industrial byproducts, and
shall include all such substances from all public and private establishments and from all
residences.
HAZARDOUS WASTES: Waste materials, including, but not limited to, poisons,
pesticides, herbicides, acids, caustics, biohazardous wastes, flammable or explosive
materials and similar harmful wastes which require special handling and which must be
disposed of in such a manner as to conserve the environment and protect the public
health and safety.
OTHER COMPOSTABLE MATERIALS: Napkins, plates, cups, bowls, towels, tissues,
and takeout containers made from paper as well as other materials as approved by the
city manager.
OWNER: In addition to the record titleholder, any person residing in, renting, leasing,
occupying, operating or transacting business in any premises and as between such
parties, the duties, responsibilities, liabilities and obligations hereafter imposed shall be
joint and several.
PREMISES: A building or part of a building and its grounds located in the City of Dubuque.
RECYCLABLE MATERIALS: Materials, including, but not limited to, food container glass,
aluminum, steel (tin) cans, no. 1 and no. 2 plastic bottles, uncontaminated newspapers
and glossy paper (magazines). Newspapers and glossy paper shall be considered
uncontaminated if they have not been exposed to substances or conditions rendering
them unusable for recycling.
REFUSE: Putrescible and nonputrescible wastes including, but not limited to, garbage,
rubbish, ashes, incinerator ash, incinerator residues, street cleanings, market and
industrial solid wastes and sewage treatment wastes in dry or semisolid form.
RUBBISH: Nonputrescible solid waste consisting of combustible and noncombustible
wastes, such as furniture, appliances, tires, building materials or similar wastes.
SOLID WASTE: Garbage, refuse, rubbish, and other similar discarded solid or semisolid
materials, including, but not limited to, such materials resulting from industrial,
commercial, agricultural, and domestic activities. Solid waste includes vehicles. Solid
waste does not include toxic and hazardous wastes as defined by the lowa department
of natural resources.
YARD WASTE: Debris such as grass clippings, leaves, garden wastes, brush and trees
as defined by the lowa department of natural resources. Yard waste does not include tree
stumps. (Ord. 20-06, 3-2-2006, eff. 4-3-2006)
1�
13-6-3: CONTAINER REQUIREMENTS; COLLECTION RESTRICTIONS:
A. Disposal in Containers; Preparation of Waste for Disposal: Solid waste shall be placed
in bags secured with tags or otherwise sealed and placed in suitable containers.
However, it shall not be necessary to place books, boxes, magazines or newspapers
in containers, provided they are securely tied in bundles or completely contained in
disposable boxes not more than twenty by thirty by forty-eight inches (20 x 30 x 48").
Tree limbs and carpet shall be securely tied in bundles not more than forty-eight inches
(48") long and eighteen inches (18") in diameter.
B. Container Standards: A standard solid waste container shall be not more than thirty-
five (35) gallons nor be less than five (5) gallons in capacity except when only one
container is used, in which case such container may be less than five (5) gallons in
capacity. All such containers shall be waterproof and fitted with a tight lid and shall
have handles, bails, or other suitable lifting devices. Containers shall be of a type
originally manufactured for refuse or garbage, with tapered sides for easy emptying,
and shall be of lightweight and sturdy construction. The weight of any individual
standard container and its contents shall not exceed forty (40) pounds. Galvanized
steel and similar metal containers, rubber containers, and plastic containers which do
not become brittle in cold weather, may be used. Oil or grease drums, paint cans, and
similar salvaged containers shall not be used. Disposable bags manufactured for
garbage and solid waste disposal shall be acceptable unless they are left unattended
for such a period of time or in such a location as to become a health hazard.
C. Healthcare Waste:
1. Except for Class II premises, healthcare waste shall be placed in suitable
containers separately from all other solid waste. Sharp objects such as hypodermic
needles, syringes and lancets shall be securely contained in hard plastic or metal
disposable containers with screw on or tightly secured lids for collection. Broken
glass and similar materials shall be placed in disposable boxes with a secure
closure. Other healthcare waste such as soiled bandages, disposable sheets and
medical gloves shall be placed in thick disposable plastic bags or shall be double
bagged.
2. Class II premises shall comply with all occupational safety health administration
(OSHA) regulations concerning the disposal of potentially infectious wastes.
D. Unacceptable Items for Collection: A basket, box or noncomplying solid waste
container shall be considered disposable solid waste and shall be removed by the
collection crews if it is the proper size and otherwise acceptable for collection. It shall
be left uncollected if it is larger than the allowable size or otherwise unacceptable for
collection.
Zs
E. Recycling Containers Provided: One curbside recycling container shall be provided by
the city to each dwelling unit in Class I premises for the collection of recyclable
materials.
F. Large and Bulky Rubbish: Large and bulky rubbish such as furniture and appliances
shall not be collected except when a special collection is established by the city
manager for the collection of such items. (2007 Code § 40-18)
13-6-6: STORAGE AND ACCUMULATION RESTRICTED:
A. Storage In Metal Containers: Within the corporate limits of the city, all garbage or
refuse consisting of waste animal or vegetable matter upon which rats may feed, and
all small dead animals, shall be placed and stored until collected in covered metal
containers of a type prescribed by the health officer.
B. Dumping on Premises or Waterways Prohibited: It is unlawful for any person to dump
or place on any premises, land or waterway, any dead animals, or any waste
vegetable or animal matter of any kind.
C. Providing Harborage For Rats: It shall be unlawful for any person to place, leave,
dump, or permit to accumulate any garbage, rubbish or trash in any building or on any
premises, improved or vacant, or on any open lot or alley in the city so that the same
shall or may afford food or harborage for rats.
D. Lumber And Boxes Placed On Elevated Racks: It shall be unlawful for any person to
permit to accumulate on any premises, improved or vacant, or on any open lot or alley
in the city any lumber, boxes, barrels, bottles, cans, containers or similar material that
may be permitted to remain thereon unless same shall be placed on open racks that
are elevated not less than eighteen inches (18") above the ground, and evenly piled
or stacked. (2007 Code § 31-74)
13-6-7: HAZARDOUS AND PROHIBITED WASTES REGULATED:
A. Deposits Prohibited Except For Special Collection: No person shall deposit in a solid
waste container or otherwise offer for city collection any hazardous wastes or
prohibited wastes, except when a special collection is established by the city manager
under subsection 13-6-3F of this chapter.
B. Transportation by Owner: Hazardous wastes and prohibited wastes shall be
transported by the owner to a sanitary disposal project licensed by the lowa
department of natural resources to accept such wastes.
C. Prohibited Wastes Described: "Prohibited wastes" includes, but is not limited to, waste
oils, lead acid batteries and tires. (2007 Code § 40-21)
13-6-8: VEHICLES HAULING SOLID WASTE:
19
A. Dropping, Sifting Or Leaking Of Load: No person shall haul any solid waste upon the
streets, alleys or public places of the city unless the vehicle used for such purpose is
so constructed or loaded or the load securely covered as to prevent any of its load
from dropping, sifting, leaking, or otherwise escaping or its load covering from
dropping from the vehicle, except that materials may be dropped for the purpose of
securing traction, or water or other substance may be applied on a roadway in cleaning
or maintaining such roadway.
B. Sanitary Condition: All vehicles, containers and dumpsters used for the collection and
removal of solid waste shall be kept in a clean, inoffensive, and sanitary condition. All
solid waste shall be handled in such a way as to prevent the scattering, spilling or
leakage of same. (2007 Code § 40-22)
13-6-9: USE OF STATE APPROVED DUMP SITE OR DISPOSAL PROJECT:
A. State Licensed Project: No person shall haul or cause to be hauled any solid waste to
any sanitary disposal project, dump site or any other area unless such disposal
project, dump site or other area is licensed by and in full compliance with all
regulations in the state in which it is located.
B. Filling Or Excavating; Permit Required: No person shall use dirt, stone, brick, concrete
or similar inorganic material for fill, landscaping, excavation or grading without first
obtaining a building permit, if required by other provisions of this code, and only in
conformance with all provisions of the zoning and subdivision ordinances of this code.
(2007 Code § 40-23)
13-6A-2: AVAILABILITY OF COLLECTION SERVICE:
A. Collection service is provided within the City of Dubuque to residents and businesses
located within city limits as outlined below. The City Manager may consider requests
for service outside of city limits, in the City Manager's sole discretion.
B. Class I Premises: City solid waste collection from residential premises as defined in
section 13-6-1 of this chapter shall be mandatory.
C. Class II Premises: Class II premises not serviced by City solid waste collection
services may apply to the City Manager for such collection services. The collection
rate shall be determined according to the fee schedule set forth in section 13-6A-6 of
this article.
D. Class III Premises: Class III premises not serviced by City solid waste collection
services may apply to the City Manager for such collection services. The collection
rate shall be determined according to the fee schedule set forth in section 13-6A-6 of
this article.
20
E. Recycling Services: Class II premises not serviced by City solid waste collection
service and Class III premises may apply to the City Manager for such recycling
services. The collection rate shall be determined according to the fee schedule set
forth in section 13-6A-6 of this article.
F. Refusal of Service: The City Manager may refuse solid waste collection service or
recycling services because of quantities or characteristics beyond the capacity or
capability to be handled efficiently or safely by City personnel and equipment. (Ord.
14-19, 3-7-2019, eff. 7-1-2019)
13-6A-3: FREQUENCY, TIME AND AREAS OF COLLECTION:
A. Frequency And Time Of Collection: Collections shall be made not more than once
weekly at such time and in such areas of the City as shall be determined and set out
in schedules prepared by the City Manager in accordance with the provisions of this
article. All collections shall be made between the hours of six o'clock (6:00) A.M. and
nine o'clock (9:00) P.M.
B. Collection Schedule: The collection schedule shall not include official City holidays
unless otherwise determined by the City Manager. However, a Saturday may be
substituted as the collection day to replace the collection which would otherwise be
made on the day of the week the holiday occurs.
C. Authority to Change Schedule: The City Manager is hereby authorized and
empowered to change or amend the collection schedules from time to time as the City
Manager may deem necessary. (2007 Code § 40-33)
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.
21
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. (Ord. 27-17, 6-5-2017)
13-6A-6: RATES AND CHARGES ESTABLISHED; EXCEPTIONS:
A. Class I Premises:
1. Base Fee and Conditions: Unless subscribed to a solid waste cart, a fee of fifteen
dollars and thirty-eight cents ($15.38) per dwelling unit per month shall be paid to
the City by the property owner of each Class I premises for such solid waste
collection services. Said fee shall be in payment for collection and disposal of one
(1) 35-gallon can or one (1) 35-gallon trash bag of "solid waste" as defined in this
chapter. There is no limit on the number of bins allowed to be collected containing
acceptable "recyclable materials" as defined in this chapter.
2. Solid Waste Cart Subscriptions:
a. Mandatory Subscription Alleys:
(1) Carts Required: Alley carts, owned by the City for semiautomated lifting, are
required to be subscribed to in certain alleys, by owners, tenants, and/or
property managers of Class I premises where the approved set out location
is in a mandated alley. Subscribers must comply with program requirements
as approved by the City Manager. The customer shall choose the number
and size of the cart. The options include a thirty-four, forty-eight (48), sixty-
four (64), or ninety-six (96) gallon solid waste cart.
(2) Mandatory Alley Fees: The fee for a thirty-four (34) gallon solid waste cart
is fifteen dollars and thirty-eight cents ($15.38)per month. The fee for a forty-
eight (48) gallon solid waste cart is fifteen dollars and thirty-eight cents
($15.38) per month. The fee for a sixty-four (64) gallon solid waste cart is
sixteen dollars and sixty-five cents ($16.65) per month. The fee for a ninety-
six (96) gallon solid waste cart is twenty-four dollars and seventy-eight cents
($24.78) per month.
b. Optional Cart Subscriptions:
(1) Optional Carts: In the areas where solid waste carts, owned by the City for
semi-automated lifting, are not mandated carts may be subscribed to by
owners and/or property managers of Class I premises. Subscribers must
comply with program requirements as approved by the City Manager. The
22
customer shall choose the number and size of the cart. The options include
thirty-four (34), forty-eight (48), sixty-four (64), or ninety-six (96) gallon solid
waste carts.
(2) Optional Cart Fees: The fee for a thirty-four (34) gallon solid waste cart is
fifteen dollars and thirty-eight cents ($15.38) per month. The fee for a forty-
eight (48) gallon solid waste cart is seventeen dollars and twenty-two cents
($17.22) per month. The fee for a sixty-four (64) gallon solid waste cart is
twenty dollars and sixty-five cents ($20.65) per month. The fee for a ninety-
six (96) gallon solid waste cart is twenty-nine dollars ($29.00) per month.
c. Multifamily Dwellings: Multifamily dwellings required to subscribe to alley carts
and multifamily dwellings opting to subscribe to solid waste cart(s) must provide
a minimum of thirty (30) gallons of capacity for each dwelling unit. The City
may, in its sole discretion, require additional capacity per unit if thirty (30)
gallons for each dwelling unit is insufficient. The City shall notify the applicable
account holder in writing of the additional capacity requirement.
3. Class I Premises Exceptions:
a. When a Class I premises has been vacant for a period not less than two (2)
consecutive months, the owner may apply to the City Manager for a credit
under procedures to be established by the City Manager. Such credit shall
continue only so long as the Class I premises is vacant.
b. In cases of extreme financial hardship, the City Manager may, and is hereby
authorized and empowered to, make adjustments in the monthly collection
charges as the City Manager may deem appropriate. In such cases, the City
Manager shall have the authority to require such proof of financial status or
extreme hardship, as the City Manager may deem necessary.
c. When resident(s) of a Class I premises has an annual income equal to or less
than the income standards used by HUD for its "Section 8 Housing Program"
for the size of that household may, upon application to the City Manager or
designee, be exempted from one-half ('/2) the established collection charge.
After the initial application, annual application shall be made by the account
holder of the City of Dubuque utility bill for the premises to verify annual income
and eligibility.
B. Class II Premises:
1. Base Fees and Conditions: Unless subscribed to a solid waste cart, a fee of fifteen
dollars and thirty-eight cents ($15.38) per month shall be paid to the City by the
property owner of each Class II premises for such solid waste collection services.
Said fee shall be in payment for collection and disposal of one (1) 35-gallon can or
one (1) 35-gallon trash bag of "solid waste" as defined. There is no limit on the
23
number of bins allowed to be collected containing acceptable "recyclable
materials" as defined.
2. Solid Waste Cart Subscriptions:
a. Mandatory Subscription Alleys:
(1) Carts Required: Alley carts, owned by the City for semiautomated lifting, are
required to be subscribed to in certain alleys, by owners, tenants, and/or
property managers of Class II premises where the approved set out location
is in a mandated alley. Subscribers must comply with program requirements
as approved by the City Manager. The customer shall choose the number
and size of the cart. The options include a thirty-four (34), forty-eight (48),
sixty-four (64), or ninety-six (96) gallon solid waste cart.
(2) Mandatory Alley Fees: The fee for a thirty-four (34) gallon solid waste cart
is fifteen dollars and thirty-eight cents ($15.38) per month. The fee for a
forty-eight (48) gallon solid waste cart is fifteen dollars and thirty-eight cents
($15.38) per month. The fee for a sixty- four (64) gallon solid waste cart is
sixteen dollars and sixty-five cents ($16.65) per month. The fee for a ninety-
six(96) gallon solid waste cart is twenty-four dollars and seventy-eight cents
($24.78) per month.
b. Optional Cart Subscriptions:
(1) Optional Carts: In the areas where solid waste carts, owned by the City for
semiautomated lifting, are not mandated carts may be subscribed to by
owners and/or property managers of Class II premises. Subscribers must
comply with program requirements as approved by the City Manager. The
customer shall choose the number and size of the cart. The options include
thirty-four (34), forty-eight (48), sixty-four (64), or ninety-six (96) gallon solid
waste carts.
(2) Optional Cart Fees: The fee for a thirty-four (34) gallon solid waste cart is
fifteen dollars and thirty-eight cents ($15.38) per month. The fee for a forty-
eight (48) gallon solid waste cart is seventeen dollars and twenty-two cents
($17.22) per month. The fee for a sixty-four (64) gallon solid waste cart is
twenty dollars and sixty-five cents ($20.65) per month. The fee for a ninety-
six (96) gallon solid waste cart is twenty-nine dollars ($29.00) per month.
c. Multifamily Dwellings: Multifamily dwellings required to subscribe to alley carts
and multifamily dwellings opting to subscribe to solid waste cart(s) must provide
a minimum of thirty (30) gallons of capacity for each dwelling unit.
3. Termination: The owner of a Class II premises served by the City solid waste
collection may provide the City Manager with not less than fourteen (14) days'
24
written notice of intent to terminate the service. Such termination of service shall
be effective at the beginning of the next billing period after such fourteen (14) day
notice period.
4. Recycling Only: Upon approval of an application for City recycling collection a fee
of six dollars ($6.00) per month per unit shall be paid to the City by the property
owner of each Class I I premises not serviced by City solid waste collection services
for recycling collection.
C. Class III Premises:
1. Base Fees and Conditions: Unless subscribed to a solid waste cart, a fee of fifteen
dollars and thirty-eight cents ($15.38)per dwelling per month shall be paid to the
City by the property owner of each Class III premises for such services. Said fee
shall be in payment for collection and disposal of one (1) 35-gallon can or one (1)
35-gallon trash bag of "solid waste" as defined. There is no limit on the number of
bins allowed to be collected containing acceptable "recyclable materials" as
defined.
2. Solid Waste Cart Subscriptions:
a. Mandatory Subscription Alleys:
(1) Required Carts: Alley carts, owned by the City for semiautomated lifting, are
required to be subscribed to in certain alleys, by owners, tenants, and/or
property managers of Class III premises where the approved set out
location is in a mandated alley. Subscribers must comply with program
requirements as approved by the City Manager. The customer shall choose
the number and size of the cart. The options include a thirty-four (34), forty-
eight (48), sixty-four (64), or ninety-six (96) gallon solid waste cart.
(2) Mandatory Alley Fees: The fee for a thirty-four (34) gallon solid waste cart
is fifteen dollars and thirty-eight cents ($15.38) per month. The fee for a
forty-eight (48) gallon solid waste cart is fifteen dollars and thirty-eight cents
($15.38) per month. The fee for a sixty four (64) gallon solid waste cart is
sixteen dollars and sixty-five cents ($16.65) per month. The fee for a ninety-
six(96) gallon solid waste cart is twenty-four dollars and seventy-eight cents
($24.78) per month.
b. Optional Cart Subscriptions:
(1) Optional Carts: In the areas where solid waste carts, owned by the City for
semiautomated lifting, are not mandated carts may be subscribed to by
owners and/or property managers of Class III premises. Subscribers must
comply with program requirements as approved by the City Manager. The
customer shall choose the number and size of the cart. The options include
25
thirty-four (34), forty-eight (48), sixty-four (64), or ninety-six (96) gallon solid
waste carts.
(2) Optional Cart Fees: The fee for a thirty-four (34) gallon solid waste cart is
fifteen dollars and thirty-eight cents ($15.38)( per month. The fee for a forty-
eight (48) gallon solid waste cart is seventeen dollars and twenty-two cents
($17.22) per month. The fee for a sixty-four (64) gallon solid waste cart is
twenty dollars and sixty-five cents ($20.65) per month. The fee for a ninety-
six (96) gallon solid waste cart is twenty-nine dollars ($29.00) per month.
3. Termination: The owner of a Class III premises served by City solid waste
collection may provide the City Manager with not less than fourteen (14) days'
written notice of intent to terminate the service. Such termination of service shall
be effective at the beginning of the next billing period after such fourteen (14) day
notice period.
4. Recycling Only: Upon approval of an application for City recycling collection a fee
of six dollars ($6.00) per month per unit shall be paid to the City by the property
owner of each Class III premises not serviced by City solid waste collection
services for recycling collection.
D. Unit Based Pricing: Collection options and charges under unit-based pricing for Class
I, II and III premises are as follows:
1. A yearly subscription for weekly collection of an additional standard solid waste
container, or containers, may be subscribed for an additional eight dollars ($8.00)
each per month.
2. Oversized, nonstandard rigid solid waste containers of up to fifty (50) gallons in
capacity may be subscribed as the one container covered under the base monthly
solid waste fee for an additional five dollars ($5.00) per month. Such containers
shall be holders for standard trash bags for manual removal by City crews, shall
not contain any loose material, and shall not be lifted and dumped by crews.
Individual trash bags held in the oversized container shall weigh no more than forty
(40) pounds.
3. A yearly subscription for weekly collection of an additional oversized solid waste
container, or containers, may be subscribed for an additional twelve dollars
($12.00) each per month.
4. Official City of Dubuque single-use stickers costing one dollar fifty cents ($1.50)
shall be applied to each additional standard solid waste container or small bulky or
bundled item in excess of the one standard solid waste container collected under
the base monthly solid waste fee or any additional subscribed container(s).
26
5. Multiple-family dwellings of three (3), four (4), five (5), and six (6) dwelling units as
well as Class II or Class III premises sharing a common set out location with other
City solid waste customers shall only use approved rigid solid waste containers
with permanent identification as to the specific premises. However, for the two (2)
weeks following Christmas, excess solid waste may be set out in trash bags with
applied City of Dubuque single use stickers. The capacity must be a minimum of
thirty (30) gallons per dwelling unit.
E. Special Collection: The charge for a special collection service for large and bulky
rubbish to each dwelling unit receiving such service when requested by the owner
shall be as follows:
1. A fee of ten dollars ($10.00) shall be paid by the owner for each time the service
is provided for up to the equivalent of three (3) cubic yards of solid waste.
2. An additional fee of twelve dollars and fifty cents ($12.50) shall be paid for each
additional three (3) cubic yards of solid waste.
3. An additional fee for tires, equal to the disposal fees charged at the Dubuque Metro
Landfill, shall be paid to the City by the owner for each tire.
4. An additional fee of ten dollars ($10.00) shall be paid to the City by the owner for
each appliance collected in the service.
5. An additional fee of ten dollars ($10.00) shall be paid to the City by the owner for
each collection requested by the owner to be scheduled for service on a day not
receiving weekly collection at the service address.
6. An additional fee of ten dollars ($10.00) shall be paid to the City by the owner for
each collection requested by the owner to be scheduled for immediate service or
whenever crews are sent back to the service address to collect items that were not
properly set out on time as previously scheduled.
7. An additional fee of twenty dollars ($20.00) shall be paid to the City by the owner
for each collection requested by the owner to be scheduled for collection of
electronics including one device with an electronic screen (laptops, monitors, TVs,
etc.). An additional fifteen-dollar ($15.00) fee will apply for each additional device
with an electronic screen set out per collection. (Ord. 14-19, 3-7-2019, eff. 7-1-
2019)
13-6A-8: YARD WASTE AND FOOD SCRAPS:
A. Separation of Yard Waste: Yard waste shall be separated by the owner of a premises
from all other solid waste.
27
B. Composting: An owner may compost such person's own yard waste and food scraps
on such person's own premises, provided the same is stored in such a manner as to
not create a fire, health or safety hazard.
C. Collection Schedule for Yard Waste: Yard waste that has not been composted shall
be collected by the City not more than once each week according to the collection
schedule established by the City Manager.
D. Preparation Of Waste: Containerized yard waste collected by the City shall be placed
in degradable paper bags with an affixed single use sticker or in rigid waste containers
with an affixed single use tag or in permanent waste containers with an affixed annual
yard waste decal or in a subscribed sixty-five (65) gallon City owned yard waste cart
or be contained by tying devices approved by the City Manager. The charges for
collection and disposal of "yard waste" as defined shall be as follows:
1. The fee for tying devices approved by the City Manager shall be one dollar and
thirty cents ($1.30) each.
2. The fee paid to the City by a customer of record with the City for an annual yard
waste decal for a rigid waste container shall be thirty-five dollars ($35.00) each
through June 30 of each year. The fee shall be reduced by one-half (�/2) on July 1
of each year and again by one-half(�/2) on September 1 of each year. A decal shall
only be used by the customer of record with the City who purchased it.
3. The fee for single use stickers shall be one dollar and thirty cents ($1.30) each.
4. The fee paid to the City for subscription to a sixty-five (65) gallon City owned yard
waste cart shall be eleven dollars ($11.00) per month.
5. The minimum fee paid to the City for collection of a scheduled leaf rake out is
twenty dollars ($20.00) for a forty (40) standard leaf bag equivalent pile of leaves
in the parking lane at the curb.
E. Food Scrap Collection Program Subscribers: Subscribers to the food scrap collection
program shall set out City owned carts containing food scraps and other compostable
materials.
SUBSCRIBER WEEKLY FOOD SCRAP COLLECTION SERVICES
�
Cart Monthly �
Customer Class Size Rates
�
City refuse customers and K - 12 schools I 13 gallon $1.00
�
48 gallon $8.00
2s
i
64 gallon $11.00
�
Commercial customers without City refuse 13 gallon $4.00 I
� collection �
48 gallon $15.00
�
64 gallon $20.00
1. Such carts shall be co-collected with yard waste. The customer shall choose the
number and size of the cart(s).
2. Such carts shall be set out weekly to reduce potential nuisance concerns. Failure
to use, store or set out the cart properly shall cause the subscription to be
terminated.
F. Deposits in Public Rights-Of-Way Prohibited: No person shall deposit any yard waste
orfood scraps in any public right-of-way. (Ord. 4-16, 3-14-2016, eff. 7-1-2016)
13-6A-9: PRIVATE COLLECTION SERVICE:
A. License Required: No person shall engage in the business of removing or hauling
solid waste from the premises of another person without a license to do so from the
City Manager. The issuance of such license shall be in the manner prescribed and
subject to the terms of title 4, chapter 1 of this Code. (2007 Code § 40-46)
B. Application for License; Fee: Application for such license shall specify the type of
equipment and vehicles to be used, the routes to be traveled, the places to be served
and the name and residence of the applicant. Such person shall pay, at the Office of
the City Treasurer, an annual license fee of twenty-five dollars ($25.00) per year for
each vehicle engaged in such business. (2007 Code § 40-47)
C. Display of License Number on Vehicle: No person shall operate a vehicle licensed
under this section unless the license number is prominently displayed on the lower
portion of the driver's side of the windshield in clear view. Such license number shall
be affixed to the vehicle not less than five (5) days after the day of issue. (2007 Code
§ 40-48)
D. Separability of Provisions: It is the intention of the City Council that each subsection,
paragraph, sentence, clause and provision of this section is separable, and if any
provision is held unconstitutional or invalid for any reason, such decision shall not
affect the remainder of this section nor any part thereof other than that affected by
such decision. (2007 Code § 40-50)
29
STATE OF IOWA SS:
DUBUQUE COUNTY
CERTIFICATE OF PUBLICATION
I, Kathy Goetzinger, 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:
03/31/2021
and for which the charge is 394.45
Subscribed to befo e me, a Notary Public in and for
Dubuque County, Iowa,
this 31st day of March, 2021
Notary Public in and for Dubuque County, Iowa.
•' SHARON WELBORNV
V pn
:" � C�tiAd147mI�SS;�OYA �'b� p;g
,;: vy� C=M. Exp. now 10, 202w3
Ad text : OFFICIAL
PUBLICATION
ORDINANCE NO. 9-21
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 13 PUBLIC
UTILITIES, CHAPTER 6 SOLID WASTE, SECTIONS 13-6-1 DEFINITIONS;
13-6-3 CONTAINER REQUIREMENTS; COLLECTION RESTRICTIONS; 13-6-6
STORAGE AND ACCUMULATION RESTRICTED; 13-6-7 HAZARDOUS AND
PROHIBITED WASTES REGULATED; AND TITLE 13 PUBLIC UTILITIES,
CHAPTER 6 SOLID WASTE, ARTICLE A CITY OR PRIVATE COLLECTION
SERVICE, SECTIONS 13-6A-2 AVAILABILITY OF COLLECTION SERVICES;
13-6A-3 FREQUENCY, TIME AND AREAS OF COLLECTION; 13-6A-4
PLACEMENT OF CONTAINERS FOR COLLECTION; 13-6A-6 RATES AND
CHARGES ESTABLISHED; EXCEPTIONS; 13-6A-8 YARD WASTE AND FOOD
SCRAPS; 13-6A-9 PRIVATE COLLECTION SERVICE
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. Section 13-6-1 of the City of Dubuque Code of
Ordinances is hereby amended as follows:
13-6-1: DEFINITIONS:
For the purpose of this chapter the following definitions
shall apply:
BUILDING MATERIALS: Any material such as lumber, floor
coverings, brick, plaster, sheet metal or any other substances
accumulated as a result of repairs or additions to existing
buildings, construction of new buildings or demolition of
existing structures.
CLASS I PREMISES: Shall mean and include the following
properties in the City of Dubuque:
A. "Single-family dwellings.
B. "Multiple -family dwellings up to and including six (6)
dwelling units.
C. "Dwelling units in business or commercial premises.
Where two (2) or more laterally connected or joined dwelling
units, including condominiums, townhouses and row houses, in
which each dwelling unit has separate access and utility
service, each dwelling unit shall constitute a single-family
dwelling.
CLASS II PREMISES: Residential premises other than Class I
residential premises, located in the City of Dubuque, r F`
including:
A. "Dwellings in trailer courts;
B. "Schools, colleges, churches, convents, nursing homes,
rooming houses and other semiprivate institutions; and
C. "Multiple -family dwellings exceeding six (6) dwelling
units.
CLASS III PREMISES: All business and commercial premises
located in the City of Dubuque, including that part of a
residential premises with a business or commercial use.
DWELLING: Shall mean and include any building or portion
thereof containing one or more dwelling units.
DWELLING UNIT: Shall mean and include one or more connected
rooms having complete kitchen facilities and arranged,
designed or used as living quarters for one family only.
FOOD SCRAPS: Solid, semisolid and liquid animal and
vegetable residuals resulting from the handling, preparing,
cooking, storing, serving and consuming of food.
GARBAGE: All solid and semisolid, putrescible animal and
vegetable wastes resulting from the handling, preparing,
cooking, storing, serving and consuming of food or of material
intended for use as food, and all offal, excluding useful
industrial byproducts, and shall include all such substances
from all public and private establishments and from all
residences.
HAZARDOUS WASTES: Waste materials, including, but not
limited to, poisons, pesticides, herbicides, acids, caustics,
biohazardous wastes, flammable or explosive materials and
similar harmful wastes which require special handling and
which must be disposed of in such a manner as to conserve the
environment and protect the public health and safety.
OTHER COMPOSTABLE MATERIALS: Napkins, plates, cups, bowls,
towels, tissues, and takeout containers made from paper as
well as other materials as approved by the city manager.
OWNER: In addition to the record titleholder, any person
residing in, renting, leasing, occupying, operating or
transacting business in any premises and as between such
parties, the duties, responsibilities, liabilities and
obligations hereafter imposed shall be joint and several.
PREMISES: A building or part of a building and its grounds
located in the City of Dubuque.
RECYCLABLE MATERIALS: Materials, including, but not limited
to, food container glass, aluminum, steel (tin) cans, no. 1
and no. 2 plastic bottles, uncontaminated newspapers and
glossy paper (magazines). Newspapers and glossy paper shall be
considered uncontaminated if they have not been exposed to
substances or conditions rendering them unusable for
recycling.
REFUSE: Putrescible and nonputrescible wastes including, but
not limited to, garbage, rubbish, ashes, incinerator ash,
incinerator residues, street cleanings, market and industrial
solid wastes and sewage treatment wastes in dry or semisolid
form.
RUBBISH: Nonputrescible solid waste consisting of
combustible and noncombustible wastes, such as furniture,
appliances, tires, building materials or similar wastes.
SOLID WASTE: Garbage, refuse, rubbish, and other similar
discarded solid or semisolid materials, including, but not
limited to, such materials resulting from industrial,
commercial, agricultural, and domestic activities. Solid waste
includes vehicles. Solid waste does not include toxic and
hazardous wastes as defined by the Iowa department of natural
resources.
YARD WASTE: Debris such as grass clippings, leaves, garden
wastes, brush and trees as defined by the Iowa department of
natural resources. Yard waste does not include tree stumps.
(Ord. 20-06, 3-2-2006, eff. 4-3-2006)
Section 2. Section 13-6-3 of the City of Dubuque Code of
Ordinances is hereby amended as follows:
13-6-3: CONTAINER REQUIREMENTS; COLLECTION RESTRICTIONS:
A. "Disposal in Containers; Preparation of Waste for
Disposal: Solid waste shall be placed in bags secured with
tags or otherwise sealed and placed in suitable containers.
However, it shall not be necessary to place books, boxes,
magazines or newspapers in containers, provided they are
securely tied in bundles or completely contained in disposable
boxes not more than twenty by thirty by forty-eight inches (20
x 30 x 48"). Tree limbs and carpet shall be securely tied in
bundles not more than forty-eight inches (48") long and
eighteen inches (18") in diameter.
B."Container Standards: A standard solid waste container
shall be not more than thirty-five (35) gallons nor be less
than five (5) gallons in capacity except when only one
container is used, in which case such container may be less
than five (5) gallons in capacity. All such containers shall
be waterproof and fitted with a tight lid and shall have
handles, bails, or other suitable lifting devices. Containers
shall be of a type originally manufactured for refuse or
garbage, with tapered sides for easy emptying, and shall be of
lightweight and sturdy construction. The weight of any
individual standard container and its contents shall not
exceed forty (40) pounds. Galvanized steel and similar metal
containers, rubber containers, and plastic containers which do
not become brittle in cold weather, may be used. Oil or grease
drums, paint cans, and similar salvaged containers shall not
be used. Disposable bags manufactured for garbage and solid
waste disposal shall be acceptable unless they are left
unattended for such a period of time or in such a location as
to become a health hazard.
C. "Healthcare Waste:
L "Except for Class II premises, healthcare waste shall be
placed in suitable containers separately from all other solid
waste. Sharp objects such as hypodermic needles, syringes and
lancets shall be securely contained in hard plastic or metal
disposable containers with screw on or tightly secured lids
for collection. Broken glass and similar materials shall be
placed in disposable boxes with a secure closure. Other
healthcare waste such as soiled bandages, disposable sheets
and medical gloves shall be placed in thick disposable plastic
bags or shall be double bagged.
2. "Class II premises shall comply with all occupational
safety health administration (OSHA) regulations concerning the
disposal of potentially infectious wastes.
D. "Unacceptable Items for Collection: A basket, box or
noncomplying solid waste container shall be considered
disposable solid waste and shall be removed by the collection
crews if it is the proper size and otherwise acceptable for
collection. It shall be left uncollected if it is larger than
the allowable size or otherwise unacceptable for collection.
E. "Recycling Containers Provided: One curbside recycling
container shall be provided by the city to each dwelling unit
in Class I premises for the collection of recyclable
materials.
F. "Large and Bulky Rubbish: Large and bulky rubbish such as
furniture and appliances shall not be collected except when a
special collection is established by the city manager for the
collection of such items. (2007 Code * 40-18)
Section 3. Section 13-6-6 of the City of Dubuque Code of
Ordinances is hereby amended as follows:
13-6-6: STORAGE AND ACCUMULATION RESTRICTED:
A. "Storage In Metal Containers: Within the corporate limits
of the city, all garbage or refuse consisting of waste animal
or vegetable matter upon which rats may feed, and all small
dead animals, shall be placed and stored until collected in
covered metal containers of a type prescribed by the health
officer.
B. "Dumping on Premises or Waterways Prohibited: It is
unlawful for any person to dump or place on any premises, land
or waterway, any dead animals, or any waste vegetable or
animal matter of any kind.
C. "Providing Harborage For Rats: It shall be unlawful for
any person to place, leave, dump, or permit to accumulate any
garbage, rubbish or trash in any building or on any premises,
improved or vacant, or on any open lot or alley in the city so
that the same shall or may afford food or harborage for rats.
D. "Lumber And Boxes Placed On Elevated Racks: It shall be
unlawful for any person to permit to accumulate on any
premises, improved or vacant, or on any open lot or alley in
the city any lumber, boxes, barrels, bottles, cans, containers
or similar material that may be permitted to remain thereon
unless same shall be placed on open racks that are elevated
not less than eighteen inches (18") above the ground, and
evenly piled or stacked. (2007 Code * 31-74)
Section 4. Section 13-6-7 of the City of Dubuque Code of
Ordinances is hereby amended as follows:
13-6-7: HAZARDOUS AND PROHIBITED WASTES REGULATED:
A. "Deposits Prohibited Except For Special Collection: No
person shall deposit in a solid waste container or otherwise
offer for city collection any hazardous wastes or prohibited
wastes, except when a special collection is established by the
city manager under subsection 13-6-317 of this chapter.
B. "Transportation by Owner: Hazardous wastes and prohibited
wastes shall be transported by the owner to a sanitary
disposal project licensed by the Iowa department of natural
resources to accept such wastes.
C. "Prohibited Wastes Described: "Prohibited wastes"
includes, but is not limited to, waste oils, lead acid
batteries and tires. (2007 Code * 40-21)
Section 5. Section 13-6A-2 of the City of Dubuque Code of
Ordinances is hereby amended as follows:
13-6A-2: AVAILABILITY OF COLLECTION SERVICE:
A."Collection service is provided within the City of Dubuque
to residents and businesses located within city limits as
outlined below. The City Manager may consider requests for
service outside of city limits, in the City Managers sole
discretion.
B."Class I Premises: City solid waste collection from
residential premises as defined in section 13-6-1 of this
chapter shall be mandatory.
C. "Class II Premises: Class Il premises not serviced by City
solid waste collection services may apply to the City Manager
for such collection services. The collection rate shall be
determined according to the fee schedule set forth in section
13-6A-6 of this article.
D. "Class III Premises: Class III premises not serviced by
City solid waste collection services may apply to the City
Manager for such collection services. The collection rate
shall be determined according to the fee schedule set forth in
section 13-6A-6 of this article.
E. "Recycling Services: Class II premises not serviced by
City solid waste collection service and Class III premises may
apply to the City Manager for such recycling services. The
collection rate shall be determined according to the fee
schedule set forth in section 13-6A-6 of this article.
F. "Refusal of Service: The City Manager may refuse solid
waste collection service or recycling services because of
quantities or characteristics beyond the capacity or
capability to be handled efficiently or safely by City
personnel and equipment. (Ord. 14-19, 3-7-2019, eff. 7-1-2019)
Section 6. Section 13-6A-3 of the City of Dubuque Code of
Ordinances is hereby amended as follows:
13-6A-3: FREQUENCY, TIME AND AREAS OF COLLECTION:
A. "Frequency And Time Of Collection: Collections shall be
made not more than once weekly at such time and in such areas
of the City as shall be determined and set out in schedules
prepared by the City Manager in accordance with the provisions
of this article. All collections shall be made between the
hours of six o'clock (6:00) A.M. and nine o'clock (9:00) P.M.
B. "Collection Schedule: The collection schedule shall not
include official City holidays unless otherwise determined by
the City Manager. However, a Saturday may be substituted as
the collection day to replace the collection which would
otherwise be made on the day of the week the holiday occurs.
C. "Authority to Change Schedule: The City Manager is hereby
authorized and empowered to change or amend the collection
schedules from time to time as the City Manager may deem
necessary. (2007 Code * 40-33)
Section 7. Section 13-6A-4 of the City of Dubuque Code of
Ordinances is hereby amended 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. (Ord.
27-17, 6-5-2017)
Section 8. Section 13-6A-6 of the City of Dubuque Code of
Ordinances is hereby amended as follows:
13-6A-6: RATES AND CHARGES ESTABLISHED; EXCEPTIONS:
A. "Class I Premises:
1. "Base Fee and Conditions: Unless subscribed to a solid
waste cart, a fee of fifteen dollars and thirty-eight cents
($15.38) per dwelling unit per month shall be paid to the City
by the property owner of each Class I premises for such solid
waste collection services. Said fee shall be in payment for
collection and disposal of one (1) 35-gallon can or one (1)
35-gallon trash bag of "solid waste" as defined in this
chapter. There is no limit on the number of bins allowed to be
collected containing acceptable "recyclable materials" as
defined in this chapter.
2. "Solid Waste Cart Subscriptions:
a. "Mandatory Subscription Alleys:
(1)^Carts Required: Alley carts, owned by the City for
semiautomated lifting, are required to be subscribed to in
certain alleys, by owners, tenants, and/or property managers
of Class I premises where the approved set out location is in
a mandated alley. Subscribers must comply with program
requirements as approved by the City Manager. The customer
shall choose the number and size of the cart. The options
include a thirty-four (34), forty-eight (48), sixty-four (64),
or ninety-six (96) gallon solid waste cart.
(2)"Mandatory Alley Fees: The fee for a thirty-four (34)
gallon solid waste cart is fifteen dollars and thirty-eight
cents ($15.38) per month. The fee for a forty-eight (48)
gallon solid waste cart is fifteen dollars and thirty-eight
cents ($15.38) per month. The fee for a sixty-four (64)
gallon solid waste cart is sixteen dollars and sixty-five
cents ($16.65) per month. The fee for a ninety-six (96) gallon
solid waste cart is twenty-four dollars and seventy-eight
cents ($24.78) per month.
b. "Optional Cart Subscriptions:
(1)"Optional Carts: In the areas where solid waste carts,
owned by the City for semi -automated lifting, are not mandated
carts may be subscribed to by owners and/or property managers
of Class I premises. Subscribers must comply with program
requirements as approved by the City Manager. The customer
shall choose the number and size of the cart. The options
include thirty-four (34), forty-eight (48), sixty-four (64),
or ninety-six (96) gallon solid waste carts.
(2)"Optional Cart Fees: The fee for a thirty-four (34)
gallon solid waste cart is fifteen dollars and thirty-eight
cents ($15.38) per month. The fee for a forty-eight (48)
gallon solid waste cart is seventeen dollars and twenty-two
cents ($17.22) per month. The fee for a sixty-four (64) gallon
solid waste cart is twenty dollars and sixty-five cents
($20.65) per month. The fee for a ninety-six (96) gallon solid
waste cart is twenty-nine dollars ($29.00) per month.
c. "Multifamily Dwellings: Multifamily dwellings required to
subscribe to alley carts and multifamily dwellings opting to
subscribe to solid waste cart(s) must provide a minimum of
thirty (30) gallons of capacity for each dwelling unit. The
City may, in its sole discretion, require additional capacity
per unit if thirty (30) gallons for each dwelling unit is
insufficient. The City shall notify the applicable account
holder in writing of the additional capacity requirement.
3."Class I Premises Exceptions:
a. "When a Class I premises has been vacant for a period not
less than two (2) consecutive months, the owner may apply to
the City Manager for a credit under procedures to be
established by the City Manager. Such credit shall continue
only so long as the Class I premises is vacant.
b. "In cases of extreme financial hardship, the City Manager
may, and is hereby authorized and empowered to, make
adjustments in the monthly collection charges as the City
Manager may deem appropriate. In such cases, the City Manager
shall have the authority to require such proof of financial
status or extreme hardship, as the City Manager may deem
necessary.
c. "When resident(s) of a Class I premises has an annual
income equal to or less than the income standards used by HUD
for its "Section 8 Housing Program" for the size of that
household may, upon application to the City Manager or
designee, be exempted from one-half (1/2) the established
collection charge. After the initial application, annual
application shall be made by the account holder of the City of
Dubuque utility bill for the premises to verify annual income
and eligibility.
B. "Class II Premises:
1. "Base Fees and Conditions: Unless subscribed to a solid
waste cart, a fee of fifteen dollars and thirty-eight cents
($15.38) per month shall be paid to the City by the property
owner of each Class II premises for such solid waste
collection services. Said fee shall be in payment for
collection and disposal of one (1) 35-gallon can or one (1)
35-gallon trash bag of "solid waste" as defined. There is no
limit on the number of bins allowed to be collected containing
acceptable "recyclable materials" as defined.
2. "Solid Waste Cart Subscriptions:
a. "Mandatory Subscription Alleys:
(1)"Carts Required: Alley carts, owned by the City for
semiautomated lifting, are required to be subscribed to in
certain alleys, by owners, tenants, and/or property managers
of Class II premises where the approved set out location is in
a mandated alley. Subscribers must comply with program
requirements as approved by the City Manager. The customer
shall choose the number and size of the cart. The options
include a thirty-four (34), forty-eight (48), sixty-four (64),
or ninety-six (96) gallon solid waste cart.
(2)"Mandatory Alley Fees: The fee for a thirty-four (34)
gallon solid waste cart is fifteen dollars and thirty-eight
cents ($15.38) per month. The fee for a forty-eight (48)
gallon solid waste cart is fifteen dollars and thirty-eight
cents ($15.38) per month. The fee for a sixty- four (64)
gallon solid waste cart is sixteen dollars and sixty-five
cents ($16.65) per month. The fee for a ninety-six (96) gallon
solid waste cart is twenty-four dollars and seventy-eight
cents (24.78) per month.
b. "Optional Cart Subscriptions:
(1)"Optional Carts: In the areas where solid waste carts,
owned by the City for semi -automated lifting, are not mandated
carts may be subscribed to by owners and/or property managers
of Class II premises. Subscribers must comply with program
requirements as approved by the City Manager. The customer
shall choose the number and size of the cart. The options
include thirty-four (34), forty-eight (48), sixty-four (64),
or ninety-six (96) gallon solid waste carts.
(2)"Optional Cart Fees: The fee for a thirty-four (34)
gallon solid waste cart is fifteen dollars and thirty-eight
cents ($15.38) per month. The fee for a forty-eight (48)
gallon solid waste cart is seventeen dollars and twenty-two
cents ($17.22) per month. The fee for a sixty-four (64) gallon
solid waste cart is twenty dollars and sixty-five cents
($20.65) per month. The fee for a ninety-six (96) gallon solid
waste cart is twenty-nine dollars ($29.00) per month.
c. "Multifamily Dwellings: Multifamily dwellings required to
subscribe to alley carts and multifamily dwellings opting to
subscribe to solid waste cart(s) must provide a minimum of
thirty (30) gallons of capacity for each dwelling unit.
3. "Termination: The owner of a Class II premises served by
the City solid waste collection may provide the City Manager
with not less than fourteen (14) days' written notice of
intent to terminate the service. Such termination of service
shall be effective at the beginning of the next billing period
after such fourteen (14) day notice period.
4. "Recycling Only: Upon approval of an application for City
recycling collection a fee of six dollars ($6.00) per month
per unit shall be paid to the City by the property owner of
each Class II premises not serviced by City solid waste
collection services for recycling collection.
C."Class III Premises:
1. "Base Fees and Conditions: Unless subscribed to a solid
waste cart, a fee of fifteen dollars and thirty-eight cents
($15.38) per dwelling per month shall be paid to the City by
the property owner of each Class III premises for such
services. Said fee shall be in payment for collection and
disposal of one (1) 35-gallon can or one (1) 35-gallon trash
bag of "solid waste" as defined. There is no limit on the
number of bins allowed to be collected containing acceptable
"recyclable materials" as defined.
2. "Solid Waste Cart Subscriptions:
a. "Mandatory Subscription Alleys:
(1)"Required Carts: Alley carts, owned by the City for
semiautomated lifting, are required to be subscribed to in
certain alleys, by owners, tenants, and/or property managers
of Class III premises where the approved set out location is
in a mandated alley. Subscribers must comply with program
requirements as approved by the City Manager. The customer
shall choose the number and size of the cart. The options
include a thirty-four (34), forty-eight (48), sixty-four (64),
or ninety-six (96) gallon solid waste cart.
(2)"Mandatory Alley Fees: The fee for a thirty-four (34)
gallon solid waste cart is fifteen dollars and thirty-eight
cents ($15.38) per month. The fee for a forty-eight (48)
gallon solid waste cart is fifteen dollars and thirty-eight
cents ($15.38) per month. The fee for a sixty-four (64) gallon
solid waste cart is sixteen dollars and sixty-five cents
($16.65) per month. The fee for a ninety-six (96) gallon solid
waste cart is twenty-four dollars and seventy-eight cents
($24.78) per month.
b. "Optional Cart Subscriptions:
(1)"Optional Carts: In the areas where solid waste carts,
owned by the City for semi -automated lifting, are not mandated
carts may be subscribed to by owners and/or property managers
of Class III premises. Subscribers must comply with program
requirements as approved by the City Manager. The customer
shall choose the number and size of the cart. The options
include thirty-four (34), forty-eight (48), sixty-four (64),
or ninety-six (96) gallon solid waste carts.
(2)"Optional Cart Fees: The fee for a thirty-four (34)
gallon solid waste cart is fifteen dollars and thirty-eight
cents ($15.38) per month. The fee for a forty-eight (48)
gallon solid waste cart is seventeen dollars and twenty-two
cents ($17.22) per month. The fee for a sixty-four (64) gallon
solid waste cart is twenty dollars and sixty-five cents
($20.65) per month. The fee for a ninety-six (96) gallon solid
waste cart is twenty-nine and dollars ($29.00) per month.
3. "Termination: The owner of a Class III premises served by
City solid waste collection may provide the City Manager with
not less than fourteen (14) days' written notice of intent to
terminate the service. Such termination of service shall be
effective at the beginning of the next billing period after
such fourteen (14) day notice period.
4. "Recycling Only: Upon approval of an application for City
recycling collection a fee of six dollars ($6.00) per month
per unit shall be paid to the City by the property owner of
each Class III premises not serviced by City solid waste
collection services for recycling collection.
D. "Unit Based Pricing: Collection options and charges under
unit -based pricing for Class 1, II and III premises are as
follows:
1. "A yearly subscription for weekly collection of an
additional standard solid waste container, or containers, may
be subscribed for an additional eight dollars ($8.00) each per
month.
2. "Oversized, nonstandard rigid solid waste containers of up
to fifty (50) gallons in capacity may be subscribed as the one
container covered under the base monthly solid waste fee for
an additional five dollars ($5.00) per month. Such containers
shall be holders for standard trash bags for manual removal by
City crews, shall not contain any loose material, and shall
not be lifted and dumped by crews. Individual trash bags held
in the oversized container shall weigh no more than forty (40)
pounds.
3. "A yearly subscription for weekly collection of an
additional oversized solid waste container, or containers, may
be subscribed for an additional twelve dollars ($12.00) each
per month.
4. "Official City of Dubuque single -use stickers costing one
dollar and fifty cents ($1.50) shall be applied to each
additional standard solid waste container or small bulky or
bundled item in excess of the one standard solid waste
container collected under the base monthly solid waste fee or
any additional subscribed container(s).
5. "Multiple -family dwellings of three (3), four (4), five
(5), and six (6) dwelling units as well as Class II or Class
III premises sharing a common set out location with other City
solid waste customers shall only use approved rigid solid
waste containers with permanent identification as to the
specific premises. However, for the two (2) weeks following
Christmas, excess solid waste may be set out in trash bags
with applied City of Dubuque single use stickers. The capacity
must be a minimum of thirty (30) gallons per dwelling unit.
E. "Special Collection: The charge for a special collection
service for large and bulky rubbish to each dwelling unit
receiving such service when requested by the owner shall be as
follows:
1. "A fee of ten dollars ($10.00) shall be paid by the owner
for each time the service is provided for up to the equivalent
of three (3) cubic yards of solid waste.
2. "An additional fee of twelve dollars and fifty cents
($12.50) shall be paid for each additional three (3) cubic
yards of solid waste.
3. "An additional fee for tires, equal to the disposal fees
charged at the Dubuque Metro Landfill, shall be paid to the
City by the owner for each tire.
4. "An additional fee of ten dollars ($10.00) shall be paid
to the City by the owner for each appliance collected in the
service.
5. "An additional fee of ten dollars ($10.00) shall be paid
to the City by the owner for each collection requested by the
owner to be scheduled for service on a day not receiving
weekly collection at the service address.
6. "An additional fee of ten dollars ($10.00) shall be paid
to the City by the owner for each collection requested by the
owner to be scheduled for immediate service or whenever crews
are sent back to the service address to collect items that
were not properly set out on time as previously scheduled.
7. "An additional fee of twenty dollars ($20.00) shall be
paid to the City by the owner for each collection requested by
the owner to be scheduled for collection of electronics
including one device with an electronic screen (laptops,
monitors, TVs, etc.). An additional fifteen -dollar ($15.00)
fee will apply for each additional device with an electronic
screen set out per collection. (Ord. 14-19, 3-7-2019, eff.
7-1-2019)
Section 9. Section 13-6A-8 of the City of Dubuque Code of
Ordinances is hereby amended as follows:
13-6A-8: YARD WASTE AND FOOD SCRAPS:
A."Separation of Yard Waste: Yard waste shall be separated
by the owner of a premises from all other solid waste.
B. "Composting: An owner may compost such person's own yard
waste and food scraps on such person's own premises, provided
the same is stored in such a manner as to not create a fire,
health or safety hazard.
C. "Collection Schedule for Yard Waste: Yard waste that has
not been composted shall be collected by the City not more
than once each week according to the collection schedule
established by the City Manager.
D. "Preparation Of Waste: Containerized yard waste collected
by the City shall be placed in degradable paper bags with an
affixed single use sticker or in rigid waste containers with
an affixed single use tag or in permanent waste containers
with an affixed annual yard waste decal or in a subscribed
sixty-five (65) gallon City owned yard waste cart or be
contained by tying devices approved by the City Manager. The
charges for collection and disposal of "yard waste" as defined
shall be as follows:
1. "The fee for tying devices approved by the City Manager
shall be one dollar thirty cents ($1.30) each.
2. "The fee paid to the City by a customer of record with the
City for an annual yard waste decal for a rigid waste
container shall be thirty-five dollars ($35.00) each through
June 30 of each year. The fee shall be reduced by one-half
(1/2) on July 1 of each year and again by one-half (1/2) on
September 1 of each year. A decal shall only be used by the
customer of record with the City who purchased it.
3. "The fee for single use stickers shall be one dollar and
thirty cents ($1.30) each.
4. "The fee paid to the City for subscription to a sixty-five
(65) gallon City owned yard waste cart shall be eleven dollars
($11.00) per month.
5. "The minimum fee paid to the City for collection of a
scheduled leaf rake out is twenty dollars ($20.00) for a forty
(40) standard leaf bag equivalent pile of leaves in the
parking lane at the curb.
E. "Food Scrap Collection Program Subscribers: Subscribers to
the food scrap collection program shall set out City owned
carts containing food scraps and other compostable materials.
SUBSCRIBER WEEKLY FOOD SCRAP COLLECTION SERVICES
Customer Class, Cart Size, Monthly Rates
City refuse customers and K - 12 schools 13 gallon, $1.00
48 gallon, $8.00
64 gallon, $11.00
Commercial customers without City refuse collection 13
gallon, $4.00
48 gallon, $15.00
64 gallon, $20.00
1. "Such carts shall be co -collected with yard waste. The
customer shall choose the number and size of the cart(s).
2. "Such carts shall be set out weekly to reduce potential
nuisance concerns. Failure to use, store or set out the cart
properly shall cause the subscription to be terminated.
F. "Deposits in Public Rights -Of -Way Prohibited: No person
shall deposit any yard waste or food scraps in any public
right-of-way. (Ord. 4-16, 3-14-2016, eff. 7-1-2016)
Section 10. Section 13-6A-9 of the City of Dubuque Code of
Ordinances is hereby amended as follows:
13-6A-9: PRIVATE COLLECTION SERVICE:
A. "License Required: No person shall engage in the business
of removing or hauling solid waste from the premises of
another person without a license to do so from the City
Manager. The issuance of such license shall be in the manner
prescribed and subject to the terms of title 4, chapter 1 of
this Code. (2007 Code * 40-46)
B. "Application for License; Fee: Application for such
license shall specify the type of equipment and vehicles to be
used, the routes to be traveled, the places to be served and
the name and residence of the applicant. Such person shall
pay, at the Office of the City Treasurer, an annual license
fee of twenty-five dollars ($25.00) per year for each vehicle
engaged in such business. (2007 Code * 40-47)
C. "Display of License Number on Vehicle: No person shall
operate a vehicle licensed under this section unless the
license number is prominently displayed on the lower portion
of the driver's side of the windshield in clear view. Such
license number shall be affixed to the vehicle not less than
five (5) days after the day of issue. (2007 Code * 40-48)
D. "Separability of Provisions: It is the intention of the
City Council that each subsection, paragraph, sentence, clause
and provision of this section is separable, and if any
provision is held unconstitutional or invalid for any reason,
such decision shall not affect the remainder of this section
nor any part thereof other than that affected by such
decision. (2007 Code * 40-50)
Section 11. This ordinance shall take effect on July 1,
2021.
Passed, approved, and adopted this 24th day of March, 2021.
/s/Roy D. Buol, Mayor
Attest: /s/Adrienne N. Breitfelder, City Clerk
Published officially in the Telegraph Herald newspaper on
the 31 st day of March 2021.
/s/Adrienne N. Breitfelder, City Clerk
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