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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 � All•pmerica City Du B E .� �.� � I �,I�� II Maste iece on the Mississi i �oo�.Zo�Z•�o�3 �P pp 2017*2019 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: 03192021bal 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. 2 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: 3 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. 4 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 5 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 6 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. s 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 9 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. Zo (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 11 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 12 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. 13 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 14 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 15 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. 16 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 It 3/31