10-1450 City Code Meridian Solid Waste Ordinance (110057966)ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 14
BOISE IDAHO 06123110 03:24 PM
DEPUTY Lisa Batl III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII III
RECORDED-REQUEST OF 110E~S795~
Meridian City -
CITY OF MERIDIAN ORDINANCE NO. I U _ /~S~
BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA
AN ORDINANCE REPEALING TITLE 4, CHAPTER 1, MERIDIAN CITY CODE,
RELATED TO: TITLE; PURPOSE AND INTENT; DEFINITIONS; COMPULSORY USE
REQUIRED; ENFORCEMENT AUTHORITY; FRANCHISE AGREEMENT; BOND;
RULES AND REGULATIONS; SOLID WASTE ADVISORY COMMISSION
ESTABLISHED; FEES; COLLECTION OF SOLID WASTE AND RECYCLABLE
MATERIALS; SPECIAL COLLECTION SERVICES AND SPECIFIC COLLECTION
STANDARDS; PROHIBITIONS; NUISANCE DECLARED; PENALTY; SEVERABILITY;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Meridian finds that conversion from the City's
current manual solid waste collection system to afully-automated solid waste collection system will
result in a cleaner, safer community and allow for more cost-effective services; and
WHEREAS, the City Council finds that the fully-automated solid waste collection system
will enhance the equitable distribution of the cost of solid waste collection and disposal services in
the community, as households that dispose of smaller amounts of trash will pay the lowest fees; and
WHEREAS, the City Council finds that collection of co-mingled recyclable materials will
remain voluntary, with no penalties and no additional fees; and
WHEREAS, the City Council finds that the voluntary co-mingled recycling program
combined with the fully-automated solid waste collection system will encourage, promote, and
improve the solid waste and recycling practices in our community, helping reduce the amount of
waste that ends up in the landfill;
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE CITY OF MERIDIAN, IDAHO:
Section 1. That Title 4, Chapter 1, of the Meridian City Code is repealed and replaced to
read as follows:
4-1-1: TITLE:
This chapter shall be known as the CITY OF MERIDIAN SOLID WASTE ORDINANCE and maybe
so cited.
4-1-2: PURPOSE AND INTENT:
The purpose and intent of this chapter is to:
A. Establish a system for the storage, handling, collection and processing of solid waste with
uniform requirements.
SOLID WASTE ORDINANCE PAGE 1 OF 14
B. Promote the health, safety, and general welfare of the citizens of Meridian, and enhance and
preserve the quality and value of the resources of the City of Meridian by the proper
management of solid waste.
C. Encourage and improve the opportunity for recycling.
D. Equitably distribute the costs of the solid waste collection and disposal system.
4-1-3: DEFINITIONS:
BULKY WASTE: Waste materials intended for landfill disposal, except for major appliances; with
sizes, weights or volumes greater than those allowed for wheeled carts and containers, such as water
tanks and furniture. Bulky waste does not include construction debris, dead animals, hazardous
materials, or animal stable matter.
CITY: The City of Meridian, Idaho.
COMMERCIAL PREMISES: Business, industrial and institutional premises and activities,
including, but not limited to, construction sites, governmental agencies, and schools.
CONTAINER: Alarge-capacity receptacle designed for the collection of solid waste or recyclable
materials that are created or accumulated at commercial or multi-family premises with four (4) or
more units, including front-loading containers, rear-loading containers, and roll-off containers; also
known colloquially as a dumpster.
CUSTOMER: An occupant or owner of any premises, including residential, multi-family,
commercial or other establishment in the City for which solid waste service is, or has been,
provided.
FRANCHISEE: Any person authorized or employed by the City of Meridian to collect, handle,
convey, transport and dispose of solid waste and/or recyclable materials and who has executed a
franchise agreement with the City of Meridian.
FULLY- AUTOMATED SOLID WASTE COLLECTION SYSTEM: A system for the collection
of solid waste and recyclable materials from residential and multi-family premises of four (4) or
fewer units which: 1) allows a customer to prepare for collection only the amount of solid waste or
recyclable materials that fits within franchise-owned and -.supplied wheeled cart(s) provided to such
customer; and 2) under which the franchisee collects solid waste and recyclable materials contained
within the wheeled cart(s) by means of trucks equipped with an automated hydraulic lifting
mechanism.
HAZARDOUS MATERIALS OR WASTES: Any chemical, compound, mixture, substance or
article which is designated as hazardous by the United States Environmental Protection Agency or
appropriate State agency.
INFECTIOUS WASTE: Human and animal biological waste, including blood, body fluids, feces,
and/or objects and materials contaminated with same, including that generated by medical, surgical,
dental, and veterinary offices, clinics, hospitals, and laboratories.
SOLID WASTE ORDINANCE PAGE 2 OF 14
MULTI-FAMILY PREMISES: Residential premises with two (2) or more dwelling units including,
but not limited to, multiplex dwellings, apartments, condominiums, mobile home and manufactured
housing communities, clusters ofsingle-family residences, and duplexes. Multi-family premises
shall not include dwelling hotels, motels, hospitals, nursing homes, or other congregate housing,
care, or institutional facilities.
OCCUPANT: The person in possession, charge or in control of any unit in multi-family premises,
residential premises, commercial premises or other premises where solid waste is created or
accumulated.
OVERLOAD: To exceed the wheeled cart or container weight capacity or volume allowance, to
allow objects to protrude outside of a wheeled cart or container, or to stack solid waste or recyclable
materials outside of a wheeled cart or container.
OWNER: The person owning the real property where solid waste or recyclable materials are created
or accumulated.
PERSON: Any person, firm, partnership, association, institution, limited liability company,
corporation, trust and/or any other legal entity whether for profit or nonprofit, public or private, and
in the plural as well as singular.
PROHIBITED WASTE: Prohibited waste shall include any waste. that has any of the following
general characteristics: extreme temperature; harmful vapors; the presence of corrosive, flammable,
explosive, or toxic chemicals; any physical or other properties that render collection operations
hazardous or create a risk to the environment or public health and safety. Prohibited waste shall
include, but shall not be limited to: dead animal remains in an amount of twenty-five (25) pounds or
more; liquid wastes, both bulk and contained; tires; hazardous waste; refrigerants and any
equipment or machines containing refrigerants.
PUTRESCIBLE WASTE: Waste that decays and becomes putrid or emits an offensive smell.
RECYCLABLE MATERIALS: Waste designated by the franchisee as that which may be recycled,
including, but not limited to, paper, cardboard, plastics, and metal.
RESIDENTIAL PREMISES: A separate dwelling or residential unit in the City occupied by a
person or group of persons which may be asingle-family residence ormulti-family premises. Each
separate dwelling unit shall be considered a separate residence for solid waste service and billing
purposes.
SPECIAL COLLECTION SERVICES: Collection services provided upon customer request at a
time or in a manner over and above collection services, for which services additional fees may
apply.
SOLID WASTE: All materials discarded for disposal, including, but not limited to: putrescible and
nonputrescible solid and semi-solid waste, garbage, trash, rubbish, demolition and construction
waste, industrial waste, vegetable solid and semi-solid waste, dead animal remains under twenty-
five (25) pounds, reusable or recyclable materials, bulky waste, and other discarded matter.
SOLID WASTE ORDINANCE PAGE 3 OF 14
VECTOR: An organism that can transmit disease.
WHEELED CART: A wheeled receptacle designed for the automated collection of solid waste or
recyclable materials, thirty-five (35) to ninety-five (95) gallons in volume.
YARD WASTE: Plant material such as leaves, grass, branches, brush, flowers, tree wood waste,
and debris commonly thrown away in the course of maintaining yards and gardens, and other
particular biodegradable waste including Christmas trees.
4-1-4: COMPULSORY USE REQUIRED:
All residential owners and/or occupants; all commercial owners and/or occupants; and all persons
undertaking, providing, or allowing the provision of construction contractor or landscaper services;
within the City of Meridian; shall pay for, and shall be provided, solid waste and recyclable
materials collection services. Such services shall be provided in the manner and by the means as
maybe established or adopted by City council and/or by the franchisee pursuant to authority vested
therein by ordinance, resolution, and/or written agreement.
4-1-5: ENFORCEMENT AUTHORITY:
The Code Enforcement division of the Meridian Police Department, and such other persons as may
be appointed by the mayor and City council by resolution, shall be responsible for the enforcement
of the provisions of this chapter and other duties as the City Council may prescribe.
4-1-6: FRANCHISE AGREEMENT; BOND; RULES AND REGULATIONS; SOLID
WASTE ADVISORY COMMISSION ESTABLISHED:
A. The mayor and council shall have the sole authority to select and approve all persons who shall
enter into a franchise or license agreement; to contract to perform any or all services described
in this chapter; to establish reasonable fees, and to establish reasonable rules and regulations
governing the conduct and operation of such franchisee, licensee or contractor.
B. The council may require of any such franchisee, licensee, or contractor a bond in a reasonable
amount, and the condition of which shall be the satisfactory performance of the contract.
C. City Council shall establish a solid waste advisory commission, the duties of which shall include
proposing and recommending to City council any new or amended rules, regulations, policies,
and fees as such may relate to the implementation of this chapter.
4-1-7: FEES:
A. Collection of fees: City Council shall adopt by resolution a fee schedule for the collection of
solid waste, which fee schedule may include, without limitation, fees for the collection of solid
waste and/or recyclable materials; fees for delivery, collection, and/or use of additional or
different wheeled cart(s); bulky waste collection services; appliance or excessive-weight item
collection services; late collection services; special collection services; and late payment.
SOLID WASTE ORDINANCE PAGE 4 OF 14
B. Disposition of fees: The proceeds from the collection of fees and charges herein
provided shall be placed in a special fund to be known as the "solid waste collection account,"
and all expenses of the City in the operation of the solid waste collection system shall be paid
out of such fund. Any surplus remaining therein at the end of each fiscal year maybe
transferred by the council to the general fund.
C. Method of collection: Fees shall be billed to and paid by the customer of the premises that is
served by the sanitary service system. Fees shall be carried on the water bill, and the same shall
be paid with the water bill. The water department is authorized to discontinue service to the
premises if the utility bill is not paid in full. Said sanitary service system fees that become
delinquent shall be treated the same as water delinquent fees and shall be subject to the same
penalties, including the same shall become a lien on the premises and shall be collected with the
taxes. Further, any customer leaving a delinquency at one location shall not be entitled to
service at a new location until all delinquencies are paid. In case of nonpayment, or delinquency
in payment, of accounts that do not have associated water system charges the solid waste service
maybe suspended until such time as all charges and fees, including late fees and penalties, are
currently paid.
4-1-8: COLLECTION OF SOLID WASTE AND RECYCLABLE MATERIALS:
A. Collection at all premises: The following provisions shall apply to all customers and premises
within the City of Meridian:
Containers and wheeled carts: All solid waste and recyclable materials must be deposited in
franchisee-owned and -supplied containers or wheeled carts for collection except for special
collection services or the use of customer-owned compactor containers on commercial or
residential multi-family premises.
2. Liquids: All solid waste shall, before deposit in containers or wheeled carts, be free of any
liquids.
3. Containers and wheeled carts to be kept clean: All customers shall maintain franchisee-
owned and -supplied containers and wheeled carts in a clean condition, with the inside and
outside thereof free and clean of soil, grease, odor, and/or decomposing material.
4. Services to premises on nonpublic rights of-way: Franchisee shall provide service only to
premises adjacent to public rights of way, unless otherwise authorized by the customer on a
private or nonpublic right of way. The franchisee may provide collection services to
premises on a private or nonpublicright-of--way where the customer has provided written
indemnification of the City and the franchisee for any road or other damage or injury to
persons or property incurred while in the course and scope of franchisee's provision of solid
waste and recyclable materials collection services.
5. Notice ofnon-collection: When the franchisee encounters prohibited or improperly prepared
solid waste and/or recyclable materials, the franchisee shall collect any properly prepared
materials and leave the improperly prepared materials, with a written notice affixed thereto.
Such written notice shall include the date, time, and service address, with a brief description
SOLID WASTE ORDINANCE PAGE 5 OF 14
of the reason for non-collection. The franchisee shall keep a copy of the notice for thirty
(30) days, and shall supply a copy of such notice upon request.
B. Collection at commercial premises: The following provisions shall apply to all commercial
customers and premises within the City of Meridian:
1. Frequency of service: Franchisee shall provide commercial service every day except
Sunday, commencing at five o'clock (5:00) a.m. Public and private schools shall be serviced
between five o'clock (5:00) a.m. and seven o'clock (7:00) a.m. Franchisee shall collect solid
waste and recyclable materials from commercial premises in one of the following manners,
per customer election:
a. Regular service: Franchisee may collect solid waste and recyclable materials regularly,
at least once weekly.
b. On-call service: Franchisee may collect solid waste and recyclable materials within the
next working day of a customer request. The City utility billing department may require
a deposit as a condition of initiating, continuing, or restoring on-call service. On-call
customers not generating wet or putrescible wastes shall receive collection services at
least once per month, unless the City determines another minimum service interval is
appropriate, considering protection of the environment and public health and safety.
c. Temporary service: Franchisee may provide collection services to temporary accounts
for construction, landscaping, demolition, or other short-term projects. Temporary
service shall provided no longer than one hundred twenty (120) days. Use of temporary
service shall not replace regular solid waste and recyclable materials collection service
for the premises. Solid waste and recyclable materials not generated by the short-term
project shall not be placed in a temporary container. Temporary service for construction
and demolition wastes will be limited to roll-off containers, except where construction
and demolition trash service can only be provided with athree-yard container due to
inadequate space or other site restrictions. The City utility billing department may
require a deposit as a condition of initiating, continuing, or restoring temporary service.
Temporary customers not generating wet or putrescible wastes shall receive collection
services at least once per month, unless the City determines another minimum service
interval is appropriate, considering protection of the environment and public health and
safety.
2. Types of container: The franchisee shall collect solid waste and recyclable materials from
commercial premises in one of the following types of container, per arrangement with the
customer:
a. Containers: Commercial premises solid waste service maybe provided with franchisee-
owned and -supplied containers in the size requested by the customer, subject to
approval by the franchisee.
b. Compactor service: The franchisee may provide collection services to commercial
premises utilizing a compactor container where the customer has provided written
indemnification of the City and the franchisee for any road or other damage or injury to
SOLID WASTE ORDINANCE PAGE 6 OF 14
persons or property incurred while in the course and scope of franchisee's provision of
solid waste and recyclable materials collection services, and shall contact the franchisee
to confirm that the compactor container and location are compatible with collection
vehicles and equipment.
3. Container placement standards:
a. All commercial property owners shall screen commercial solid waste collection
equipment from public streets. All such barriers shall comply with all applicable City
ordinances, requirements and/or standards. No commercial collection location shall be
on a public right of way or impede pedestrian traffic unless an appropriate variance is
granted by the roadway authority.
b. As to any newly constructed or remodeled commercial premises, customers shall ensure
that the collection site complies with the following standards:
(1) All containers shall be placed on a firm, level surface pad of concrete or asphalt at
least three inches (3") thick, at least twelve feet (12') wide by ten feet (10') deep for
solid waste collection.
(2) All gates shall be constructed to rest in an open position to avoid swinging shut
during collection.
(3) The collection space shall allow collection vehicles to turn in a forty-five foot (45')
radius and back up a distance of at least fifty feet (50').
(4) The space shall allow at least fourteen feet (14') vertical clearance at all access
points, twelve feet (12') width drive clearance, and at least twenty feet (20') vertical
clearance in front of the container.
C. Collection at residential premises: The following provisions shall apply to all residential
customers and premises within the City of Meridian:
Frequency of service: Franchisee shall utilize afully-automated solid waste collection
system to all residential premises in the City of Meridian, including multi-family premises
of four (4) or fewer units that choose such service. Collection of residential solid waste shall
occur once per week, and every other week for collection of recyclable materials, on the day
specified by franchisee, or as otherwise provided by rules and regulations established or
adopted by City council.
2. Type of container:
a. Wheeled carts provided: Franchisee shall provide to each customer one (1) wheeled
cart, in the size specified by the customer, for collection of solid waste, and one (1)
wheeled cart for. collection of co-mingled recyclable materials, if requested by customer,
as part of the customer's residential solid waste collection services.
SOLID WASTE ORDINANCE PAGE 7 OF 14
b. Extra wheeled cart: Extra wheeled carts maybe obtained from the franchisee for an
additional fee as established by City fee schedule. The base fee charged for residential
solid waste service shall be determined according to the largest solid waste wheeled cart
size ordered. Any fee for a new wheeled cart shall apply upon delivery of the new
wheeled cart.
c. Exchange of wheeled cart: The customer may make arrangements with franchisee to
exchange customer's wheeled cart for a wheeled cart of larger or smaller volume, where
such size is available, and for an additional fee as established by City fee schedule. The
base fee charged for residential solid waste service shall be determined according to the
largest solid waste wheeled cart size ordered. Any fee for an exchanged wheeled cart
shall apply upon delivery of the exchanged wheeled cart.
d. Replacement of wheeled cart: Franchisee shall replace a wheeled cart when it is no
longer functional or when determined by franchisee to be unsafe for further use.
3. Wheeled cart collection placement standards:
a. Time of placement: Customers shall place wheeled carts containing solid waste or
recyclable materials to be collected by the franchisee no later than seven o'clock (7:00)
a.m. on the regularly scheduled collection day, but no sooner than twenty-four (24)
hours prior thereto. Customers shall relocate their empty wheeled carts back to a location
within five feet (5') of their home within twenty-four (24) hours of collection.
b. Location of placement: Customers shall place wheeled carts containing solid waste or
recyclable materials to be collected by the franchisee at the alley or street curb, with the
handle facing the premises. The wheeled cart shall be at least three feet (3') from any
obstruction which may impede automated collection, including but not limited to, other
wheeled carts, mailboxes, fire hydrants, low hanging trees or shrubs, parked cars,
portable basketball hoops, utility poles, or walls. In no case shall a wheeled cart be
placed more than four feet (4') from the curb for collection. Wheeled carts shall be
positioned clear of pedestrian and vehicular traffic and shall be clearly visible and
accessible to the waste collection personnel at all times. Where a collection truck cannot
reasonably access a customer's alley or street curb, franchisee shall designate an
accessible location where such customer shall place wheeled carts for collection.
Franchisee personnel shall not be required to pass through any doors or gates, cross
flowerbeds or lawns, go through hedges, or place themselves in any situation which
could jeopardize their health or safety in order to provide collection services.
D. Collection at residential multi-family premises: Multiple-family dwellings of four (4) or fewer
units may elect to use either residential premises fully-automated solid waste collection services,
or solid waste collection services provided to commercial premises, in which case any and all
applicable provisions of this chapter shall apply. Multiple-family dwellings of five (5) or more
units shall use solid waste collection services as provided to commercial premises, in which case
all applicable provisions of this chapter regarding commercial premises shall apply.
SOLID WASTE ORDINANCE PAGE 8 OF 14
4-1-9: SPECIAL COLLECTION SERVICES AND SPECIFIC COLLECTION
STANDARDS:
A. Special collection services:
ADA (Americans With Disabilities Act) service: Upon request, franchisee shall convey
wheeled carts from a residence to the curb for customers who have a disability and where no
other person that can provide this service resides at the residence. Though this service shall
be provided at no charge, the regular residential solid waste collection fee shall apply.
Customer should contact franchisee with questions regarding carryout service for appliances
and bulky wastes; additional fees may apply. In order to qualify for carryout service, the
customer must submit to the City Utility Billing Services office an application in the form
required by that office, with a written certification from a licensed physician verifying that
the customer has a physical or mental disability and certifying that the safety or health of the
customer requires such service. The customer must further certify that there is no other
person in his or her household available to provide this service. Customers utilizing this
service shall store wheeled cart(s) in unlocked areas clearly visible to franchisee personnel
from the street or alley from which typical collections are made. The area to be entered by
franchisee personnel shall not contain any animal or unsafe condition.
2. Appliances: Franchisee shall collect major appliances upon customer request and shall
deliver the appliance to a recycling facility. Franchisee shall charge a fee for such special
collection as established by City fee schedule. Customer must drain all moisture and water
and remove all solid waste and food products from refrigerators, freezers or other appliances
prior to collection by franchisee. Franchisee shall not enter any building or structure to
remove the appliance. Customer shall convey appliances to the curb for collection. Upon
collection, franchisee shall ensure that refrigerants and compressor oils contained in the
appliance, if any, are recycled according to applicable regulations.
3. Bulky wastes: Franchisee shall collect bulky wastes upon request. Franchisee shall not enter
any building or structure to remove bulky wastes. Customer shall convey bulky wastes to
the curb for collection. Franchisee shall charge a fee for such special collection as
established by City fee schedule.
4. Missed or late collection; non-collection: Customers who place wheeled carts at the alley or
curb after franchisee has serviced their area and customers who receive a notice regarding
non-collection may store the uncollected solid waste and/or recyclable materials until the
next regularly scheduled collection day, or may contact the franchisee to request a special
collection. Franchisee may charge a fee for such special collection as established by City
fee schedule.
5. Waste exceeding weight or size standards: Franchisee may collect solid waste and/or
recyclable materials in an amount that exceeds specified guidelines for weight, size and/or
collection frequency, upon customer request. Solid waste and recyclable materials
scheduled for such special collection shall be prepared for collection in such manner as
franchisee or City council may require. Franchisee shall charge a fee for such special
collection as established by City fee schedule.
SOLID WASTE ORDINANCE PAGE 9 OF 14
B. Specific Collection Standards:
1. Animal feces: All animal feces shall be securely contained in a sturdy, leakproof bag before
being placed in a container or wheeled cart for routine collection. Containers and wheeled
carts containing unbagged feces will not be collected.
2. Dead animal remains: All dead animal remains in an amount under twenty- five (25) pounds
shall be securely contained in a sturdy, leakproof bag before being placed in a container or
wheeled cart for routine collection. Containers and wheeled carts containing unbagged dead
animal remains will not be collected.
3. Infectious waste: Customers discarding of infectious waste shall sterilize, package, or
otherwise process the infectious waste so that it maybe collected without hazard to
collection personnel and/or the general public.
4. Used motor oil: Used motor oil shall be placed in leakproof, non-opaque, unbreakable,
plastic jug or bottle with a capacity of two (2) gallons or less, with ascrew-on lid. Such jug
or bottle shall be clearly labeled "OIL," and shall contain no other fluids. Used motor oil
shall be placed near, but not in, a wheeled cart on the designated collection day. Collection
of used motor oil shall be limited to two (2) gallons per Customer per week.
5. Yard waste: All yard waste, trees, branches, boughs, garlands, and other organic matter
should be cut to four feet (4') or less and bundled prior to disposal within a container or
wheeled cart.
4-1-10: PROHIBITIONS:
A. Accumulation of solid waste: It shall be unlawful for any person to dump, or to permit or to
suffer to accumulate in or about any yard, lot, place or premises, or upon any street, alley or
sidewalk adjacent to such lot, yard, place or premises owned or occupied by such person, any
solid waste so as to cause such yard, lot, premises, or the street, alley or sidewalk adjacent
thereto, to be or remain in such condition as to cause or create a nuisance or offensive odor or
atmosphere or harbor vectors, or thereby to be or to become, or cause or create, a public
nuisance, within the limits of the City, except that:
1. Waste resulting from construction activities maybe accumulated at an active construction
site. The waste shall be managed and maintained in such a manner that it will not be blown,
washed or carried to adjacent properties. All waste must be removed and disposed properly
from the site prior to the end of the construction project.
2. Compost piles may be maintained for fertilization purposes and matter used for fertilization
purposes only may be transported, kept and used, provided, that the same shall not be
maintained so as to cause or create a nuisance condition including, but not limited to, odor,
other nuisance and/or other conditions relative to insects or disease that affect neighboring
properties, cause harmful vapors or constitute a risk to the environment or public health and
safety.
SOLID WASTE ORDINANCE PAGE 10 OF 14
B. Burning and dumping: It shall be unlawful for any person to burn, incinerate, bury, dump, or in
any other manner dispose of solid waste or recyclable materials within City limits.
C. Disposal of waste: It shall be unlawful for any person to throw, discard or deposit any solid
waste or recyclable material in or upon any street, alley, sidewalk or vacant ground, or in or
upon any canal, irrigation ditch, drainage ditch or other water source within City limits.
D. Failure to utilize containers or wheeled carts: Except as maybe allowed by the special
collection provisions of this chapter.and/or administrative rules and procedures established or
adopted by City Council, it shall be unlawful for any person to leave solid waste or recyclable
materials at the curb for collection in any receptacle other than afranchisee-owned and -
supplied container or wheeled cart.
E. Prohibited wastes. Except as maybe allowed by administrative rule or procedure established or
adopted by City council, it shall be unlawful for any person to deposit or relinquish for
collection or disposal any prohibited waste as defined herein. Customers who create or
accumulate prohibited waste shall make appropriate arrangements to properly and safely collect
and dispose of such waste.
F. Overloading containers or wheeled carts: It shall be unlawful for any person to load a container
or wheeled cart beyond its maximum volume or weight capacity, or in a manner which is
unstable or likely to cause damage, cause littering, or impact the public health or safety.
Customers shall be responsible for damages, costs, expenses, fines or penalties, including tickets
issued to franchisee for overweight vehicles, arising out of customer failure to observe weight
limits. The maximum permissible gross weight of a loaded container or wheeled cart shall be as
follows:
Wheeled Cart Front Load
Container Rear Load
Container Roll-Off
Container
35- anon 125 ounds - - -
65- anon 225 pounds - - -
95- allon 330 ounds - - -
2cubic ards - 1,400 ounds - -
3cubic ards - 2,000 pounds 2,400 ounds -
6 cubic ards - 4,000 pounds - 5,000 ounds
8 cubic ards - 5,000 ounds - 5,000 ounds
10 cubic ards - - - 5,000 pounds
20-40 cubic
ards - - - 17,000 pounds
G. Solid waste collection: It shall be unlawful for any person to engage in the business of
collecting, transporting, hauling, or conveying any solid waste or recyclable materials over the
streets or alleys of Meridian, or to cause or employ any person to do the same, unless and until
such person has a franchise, license, or contract with the City of Meridian, except that:
SOLID WASTE ORDINANCE PAGE 11 OF 14
The owner or occupant of a residence where solid waste is generated may collect, convey
and dispose of such solid waste without a franchise, license, or contract with the City, so
long as the receptacle used for such purpose is neither afranchisee-owned wheeled cart or
container, nor identical in volume and design to a wheeled cart or container available from
the franchisee. Notwithstanding the applicability of this exception, the full base fee shall
apply.
2. A civic, community, benevolent, or charitable nonprofit organization may collect, convey,
and/or market recyclable materials for recycling, for the purpose of raising funds for that
organization without a franchise, license, or contract with the City, so long as the receptacle
used for such purpose is neither afranchisee-owned wheeled cart or container, nor identical
in volume and design to a wheeled cart or container available from the franchisee.
Notwithstanding the applicability of this exception, the full base fee shall apply.
3. A construction contractor or landscaper who produces incidental volumes of solid waste in
the course of construction, demolition, or landscaping may collect, convey, and dispose of
such solid waste from the premises upon which it was generated without a franchise, license,
or contract with the City, so long as the receptacle used for such purpose is neither a
franchisee-owned wheeled cart or container, nor identical in volume and design to a wheeled
cart or container available from the franchisee. Notwithstanding the applicability of this
exception, the full base fee shall apply.
H. Taking of solid waste or recyclables: All solid waste and recyclable materials placed for
collection shall be owned by, and shall be the responsibility of, the customer until collection.
Upon collection, all solid waste and recyclable materials shall become the property of the
franchisee. It shall be unlawful for any person to take, examine, uncover, snoop in, separate,
gather, collect or salvage materials deposited in wheeled carts or containers except with the
express permission of the owner or occupant.
I. Theft of collection services: It shall be unlawful for any person, except for the owner or
occupant, to place or deposit any materials in a wheeled cart or container provided for the use of
a specific residential or commercial premise. It shall be unlawful for any person to place solid
waste or recyclable materials in a container provided for the use of a specific multi-family or
commercial premise where such waste or material is not generated at such premises.
4-1-11: NUISANCE DECLARED:
Failure of an owner or occupant of any commercial, residential, ormulti-family premises to receive
regularly scheduled adequate solid waste collection service is herein declared a public nuisance by
the City. The City shall have the authority to order the abatement of such nuisance at the expense of
the owner or occupant of the premises. This shall not limit the right of the City or the owner to seek
recovery against other responsible persons.
4-1-12: PENALTY:
The violation of any of the provisions of this chapter or the rules and regulations adopted hereunder
shall be a misdemeanor.
SOLID WASTE ORDINANCE PAGE 12 OF 14
4-1-13: SEVERABILITY:
This chapter shall be construed to assure consistency with state and federal laws, rules and
regulations, and other provisions of this code. If any section, subsection, subdivision, paragraph,
sentence, clause or phrase of this chapter is for any reason held to be unconstitutional or invalid or
ineffective by any court of competent jurisdiction, such decision shall not affect the validity or
effectiveness of the remaining portions of this chapter, or any part thereof.
Section 2. That this Ordinance shall be in full force and effect beginning on July 5, 2010.
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PASSED by the City Council of the City of Meridian, Idaho, this ~ day of
tti,~ , 2010.
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APPROVED by the Mayor of the City of Meridian, Idaho, this ~ day of
G~,r~~ , 2010.
APPROVED:
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ATTEST:
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\\\ ,.~`y OF R/~~~~~~~//.
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TFO -
Jaycee Holman, City Clerk ~ _
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SOLID WASTE ORDINANCE PAGE 13 OF 14
NOTICE AND PUBLISHED SUMMARY
OF ORDINANCE PURSUANT TO LC. § 50-901(A)
CITY OF MERIDIAN ORDINANCE NO. 10- 1 `fS0
PROVIDING FOR REPEAL AND REPLACEMENT OF
THE CITY OF MERIDIAN SOLID WASTE ORDINANCE.
An Ordinance of the City of Meridian repealing and replacing Title 4, Chapter 1 of the Meridian
City Code. The full text of this ordinance is available for inspection at City Hall, City of Meridian,
33 East Broadway, Meridian, Idaho. This ordinance shall become effective upon its passage and
publication.
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City of M an ~
Mayor and City Council = SEAL -
By: Jaycee Holman, City Clerk ~ ~
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First Reading: ~ - ~ - J 0 ~'%90 ~T ~S~ ~ Q1O~.'`
Adopted after first reading by suspension of the 1~~ ~1~~~~ed~xs~iant to
Idaho Code § 50-902: YES NO~ ~~''~~~~~ ~ ; ~ ~ ~ ~ ~ ~""""
Second Reading: ~~- a-a -IU
Third Reading: (p - a>-~ O
STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY
OF CITY OF MERIDIAN ORDINANCE NO. 10- 1'~SU
The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby
certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance
No. 10- / 5 U , of the City of Meridian, Idaho, and has found the same to be true and complete
and provides adequate notice to the public pursuant to Idaho Code § 50-901A(3).
DATED this ~ day of June, 2010.
William. L.M. Nary
City Attorney
SOLID WASTE ORDINANCE PAGE 14 OF 14