§ 729-88. Yard Waste Materials.

Yard waste materials placed at the curbside for collection and removal are the responsibility of the owner, the agent of the owner, or the person in control of the premises. Yard waste materials from a dwelling (i) shall not be co-mingled with other waste if the city provides separate yard waste collection; or (ii) may be set out for separate collection by a private hauler if the owner or person in control of the premises or the city has made prior arrangements with a private hauler for the collection and removal of yard waste materials.

(a)

Yard waste materials set out for separate collection must comply with all of the following:

1.

The yard waste materials shall not be co-mingled with any non-yard waste materials unless specifically authorized by the director of public services.

2.

Yard waste materials shall be placed at the curbside no sooner than 5:00 p.m. on the day before the scheduled day of yard waste collection, but no later than 6:00 a.m. on the day of yard waste collection.

3.

Yard waste materials shall be prepared for set out in a manner that does not pose a risk of injury to the person who collects it and that complies with one of the following criteria:

A.

Placed in a closed cart or trash can clearly labeled with the words "yard waste" that is easily and readily moveable and capable of being handled by one person.

B.

Placed in properly secured and closed paper bags not exceeding 40 pounds each.

C.

Placed in bundles tied with string, not wire or tape, not exceeding 40 pounds in weight, 48 inches in length, or 100 inches in overall dimensions (the total of length plus width plus depth).

4.

Yard waste materials must be properly secured so materials are not subject to being blown or scattered in the street or onto other property.

(b)

No person shall dispose of or dump yard waste materials on any street or other public place or on any public property.

(c)

No person shall tamper with yard waste materials, containers, bags, bundles or stickers placed at the curbside for collection.

(d)

No person shall commit a deceptive or unfair act or practice in connection with any arrangement or transaction either oral or written for the collection and removal of yard waste materials from the curbside whether such act or practice occurs, before, during or after the arrangements or transaction. It shall constitute a deceptive or unfair act or practice when a person represents that the yard waste materials will be composted or otherwise beneficially used and fails to do so.

(C.M.C. 729-88; ordained by Ord. No. 407-1993, eff. 11-17-93; a. Ord. No. 48-1995, eff. Feb. 15, 1995; a. Ord. No. 212-1995, eff. June 21, 1995; Emer. Ord. No. 134-2011, § 1, eff. May 5, 2011; Ord. No. 463-2012, § 2, eff. April 1, 2013)