§ 62-41. Scope of services.

(a)

City-provided refuse collection and disposal services, whether by employees of the city or employees of a refuse collection service operating under contract with the city, shall include the curbside collection of refuse, including recyclable materials, leaves and brush, and bulky items, solely from eligible dwelling units within the city. For purposes of this chapter, the following are not eligible dwelling units and shall not receive city-provided refuse collection and disposal services:

(1)

Mobile home developments, travel trailer camps, clustered multifamily housing, and buildings containing seven or more dwelling units.

(2)

Single-family dwelling units whose land plats comprise three or more acres, dwelling units located in areas zoned for agriculture, and dwelling units where driving on private streets or drives is required to accomplish collection without an unreasonable amount of walking by collectors or which the director finds unsuitable for refuse collection equipment, except as specifically provided for herein. Any city-provided refuse collection services rendered to dwelling units located on private streets or drives which the director finds unsuitable for refuse collection equipment may be provided by collection therefrom on the nearest street or alley from which the director shall find collection by refuse collection equipment to be feasible, unless the city shall have been furnished with an appropriate bond or other security, in a reasonable amount, conditioned to save the city harmless from any claims for damages resulting from city use of such private streets or drives for such purpose, approved by the city attorney as to form and legality, and by the director of finance as to the reasonableness of the amount thereof.

(b)

The provisions of subsection (a) of this section notwithstanding, the director may provide for such collection and disposal services from any premises described therein, whenever, in his judgment, city collection has become necessary for the preservation of the public health or safety.

(c)

Nothing contained in this section shall prevent any person receiving city-provided refuse collection and disposal services from supplementing such service, at his or her own expense, with additional or extra service on an occasional or on a regular basis so long as such service meets the requirements of article I of this chapter and the items to be collected are clearly marked with the name and address of the intended private collector. Every person electing to supplement city-provided refuse collection and disposal services shall package the materials in compliance with the requirements of article II of this chapter before placing the same curbside for collection. No person shall place any item curbside for supplemental collection and disposal services earlier than 3:00 p.m. the day before the scheduled collection date nor allow such item to remain at the curbside in excess of 24 hours.

(d)

Nothing herein shall prohibit the director from providing refuse collection services to any city-owned or city-operated municipal facility as directed by the city council.

(e)

City-provided refuse collection and disposal services shall not extend to any restaurant, hotel, club, hospital, school, or any other commercial, industrial or institutional establishment.

(f)

Every person not receiving city-provided refuse collection services shall provide for the collection and disposal of refuse in accordance with the provisions of article I of this chapter and the rules and regulations adopted thereunder.

(Ord. No. 090053, § 2, 2-12-09; Ord. No. 080935, § 1, 1-28-10)