CHAPTER XVI. UTILITIESCHAPTER XVI. UTILITIES\ARTICLE 5. SOLID WASTE

The following terms used in this article shall have the meanings ascribed to them in this section.

(a)   Commercial Waste - All solid waste emanating from establishments engaged in business including but not limited to, stores, markets, office buildings, restaurants, shopping centers, theaters, hospitals, governments and nursing homes.

(b)   Dwelling Unit - Any enclosure, building or portion thereof occupied by one or more persons for and as living quarters.

(c)   Garbage - Putrescible waste resulting from the handling, processing, storage, packing, preparation, sales, cooking and serving of meat, produce and other foods and shall include unclean containers.

(d)   Refuse - All garbage and/or rubbish or trash.

(e)   Residential - Any single dwelling unit.

(f)    Rubbish or Trash - All nonputrescible materials such as paper, tin cans, bottles, glass, crockery, rags, ashes, lawn and tree trimmings, tree branches, limbs, tree trunks, and stumps, boxes and barrels, wood and excelsior, street sweeping and mineral refuse. Rubbish and trash shall not include earth and waste from building operations or wastes from industrial processes or manufacturing operations.

(g)   Yard Waste - Lawn and tree trimmings, tree branches, limbs, tree trunks and stumps.

(h)   Solid Waste - All nonliquid garbage or rubbish and trash.

(Ord. 2701, Sec. 1; Code 2007)

The owner or occupant of every dwelling unit or commercial enterprise shall provide at his or her own expense a suitable container for the storage of solid waste as provided in this article. No owner or occupant shall permit to accumulate quantities of refuse or other waste material within or close to any structure within the city unless the same is stored in approved containers and in such a manner as not to create a health or fire hazard. All residential or commercial refuse which has been placed in plastic bags, shall be deposited in approved containers as provided by sections 16-503:504.

(Ord. 2701, Sec. 2; Code 2007)

Residential containers shall not have a capacity of more than 55 gallons. Each container shall be non-absorbent, have a tight fitting lid and of substantial construction. All garbage shall be drained of all liquids before being placed in containers.

(Ord. 2701, Sec. 3; Code 2007)

Containers for commercial waste shall be of such size and construction as shall be determined by the governing body.

(Ord. 2701, Sec. 4; Code 2007)

(a)   Trees, less than four inches in diameter branches and shrubbery trimmings shall be securely placed in bundles which shall not, regardless of size, exceed 50 pounds in weight.

(b)   Books, magazines and newspapers may be securely tied in bundles or placed in disposable containers in lieu of placing in an approved container. Such bundle or container and contents shall not exceed a weight of 50 pounds.

(c)   No trash other than books, papers, magazines or lawn clippings, shall be placed in cardboard containers.

(Ord. 2701, Sec. 5; Code 2007)

Solid waste in residential areas shall be removed from the premises not less than twice monthly. All commercial solid waste shall be removed at intervals as may be fixed by the governing body, but at least weekly.

(Ord. 2701, Sec. 6; Code 2007)

All vehicles including trailers, used for the commercial and residential collection and transportation of solid waste shall be constructed with water tight bodies and shall be fully enclosed or capable of being securely covered. All such vehicles and trailers shall be maintained in a safe, clean, sanitary condition and shall be operated in such a manner as to prevent spillage therefrom.

(Ord. 2701, Sec. 7; Code 2007)

It shall be unlawful for any person to:

(a)   Deposit solid waste in any container other than that owned or leased by him or her or under his or her control without written consent of such owner.

(b)   Dispose of solid waste within the corporate limits of the city or upon any city property except at sites approved therefor by the governing body.

(Ord. 2701, Sec. 8; Code 2007)

The governing body may formulate reasonable rules and regulations necessary to carry out the provisions of this article.

(Ord. 2701, Sec. 9; Code 2007)

In order to assist residents of the city on the removal of solid wastes the city may from time to time and subject to its sole discretion contract with one or more commercial haulers to provide collection service. The city, however, shall not be responsible to the contractor for the failure of any customer to pay the trash collection bill and further the city shall not be responsible to the customer for the services performed or failure of performance by the contractor.

(Ord. 2701, Sec. 10; Code 2007)

It shall be unlawful for any person to burn, or cause to be burned, any trash, leaves, lumber, straw, paper, boxes, grass or other combustible material anywhere within the corporate limits of the city.

(Ord. 2701, Sec. 11; Code 2007)

Approved commercial gas fired incinerators may be used upon obtaining a no-charge permit from the city clerk’s office.

(Ord. 2701, Sec. 11; Code 2007)

Notwithstanding the restrictions of section 16-511, there may be periods each year as determined by the governing body on the recommendation of the Anthony Fire Chief, during which time such yard, field, and garden wastes as grass clippings, leaves, tree trimmings, weeds and wheat, corn, milo and forage stubble may be openly burned. The 911 center shall be notified prior to the burn. The burn shall not take place if wind speeds are over 15 m.p.h., as determined by the 911 center. Materials which may be openly burned must derive their origin from yards, field, or garden. The burning of heavy smoke producing materials such as heavy oils, tires, tar paper, plastics, etc., is expressly prohibited. All material to be burned should be stockpiled and dried to the extent possible before it is burned. It is also required to be kept free of excess dirt, or other extraneous material that will inhibit good combustion. Such burning must take place at least 60 feet from any buildings, under close supervision, and between the hours of 7:00 a.m. and 6:00 p.m. Supervision at the fire shall be continuous and last until the fire is completely extinguished. The person supervising the fire shall at all times have at his or her ready disposal the means sufficient to quickly and completely extinguish the fire. The chief of the Anthony fire department shall have the authority to prohibit the burnings authorized by this provision if he or she determines that due to drought or other conditions such a practice would be hazardous. If the chief of the fire department makes such a determination, proper public notice shall be given.

(Code 2007)

This article shall not apply to:

(a)   Fires set for the purpose of instruction and training of city firefighters in the methods of fighting fires.

(b)   Fires used for non-commercial preparation of food such as barbecuing.

(c)   Campfires in approved camping areas, provided that the fire is not more than four feet in diameter at the base.

(d)   Fires set by Anthony Lake leaseholders, or one or more officers of the Anthony Golf Club, or designated agent of the Anthony Golf Club, for the purpose of burning yard waste, as defined in this article, when all safety provisions as set forth in this article are followed

(e)   Fires set by City personnel for burning yard waste, as defined in this article, when all safety provisions as set forth in this article are followed.

(Code 2007; Ord. G-2784; Code 2016)

Burn sites located at Anthony Municipal Lake and east of the City of Anthony shall be regulated by the City of Anthony. Types of material and burning regulations shall be available for burn site at the City office.

(Ord. 2729, Sec. 1; Code 2007)