Legislation # 06-0018 Enactment Number none
Type Ordinance - Coded Effective Date none
Introduction Date 1/11/2006
Title Repeal Chapter 32 Solid Waste of the Code of the City of Hampton and Enact Chapter 32.1 – Solid Waste of the Code of the City of Hampton.
 
Legislation History 06-0018
DateNotice Of ActionDescription
1/25/2006 Adopted on Second and Final Reading Cynthia Hudson, City Attorney, indicated that this action is repealing Chapter 32 and the re-enacted chapter will be 32.1.
1/11/2006 Adopted on First Reading
12/29/2005 Received By Clerk's Office
 
View Attachments 06-0018
FileTypeSizeDescription
Solid Waste Ordinance Revised.doc Other 210K Revised Ordinance (Word Document)
 
Legislation Text 06-0018

 

City of Hampton, Virginia

Ordinance - Coded

22 Lincoln Street

Hampton, VA 23669

www.hampton.gov

 

File Number: 06-0018

 

Enactment Number: -

 

Repeal Chapter 32 Solid Waste of the Code of the City of Hampton and Enact Chapter 32.1 Solid Waste of the Code of the City of Hampton.

 

 

Chapter 32.1

 

SOLID WASTE*

 

 

 

Article I.  In General

Sec. 32.1-1. Definitions.

Sec. 32.1-2. Enforcement of article.

Sec. 32.1-3. Violations of article.

Sec. 32.1-4. Disposal generally.

Sec. 32.1-5. Littering.

Sec. 32.1-6. Prohibited deposits at the designated city disposal site.

Sec. 32.1-7. General responsibility of owner or occupant of premises to comply with article.

Sec. 32.1-8. Storage of garbage and refuse on premises.

Secs. 32.1-9-32.1-20. Reserved.

 

 

Article II.  Collection by City

 

Sec. 32.1-21. Frequency and maximum amounts of collections.

Sec. 32.1-22. Refuse containers generally.

Sec. 32.1-23. Maintenance of refuse containers.

Sec. 32.1-24. Replacement of lost, stolen or defective refuse containers.

Sec. 32.1-25. Placement for collection generally.

Sec. 32.1-26. Bulk trash collection.

Sec. 32.1-27. Preparation and placement of yard waste, tree limbs, cuttings, etc.

Sec. 32.1-28. Disposal of waste tires.

Sec. 32.1-29. Special preparation of certain materials.

Sec. 32.1-30. Certain materials not to be collected.

Sec. 32.1-31. Material not to be collected from certain premises.

Sec. 32.1-32. Non-street side collection.

Sec. 32.1-33. Collection from private streets.

Sec. 32.1-34. Collection from trailer courts.

Sec. 32.1-35. Dumpster service.

Sec. 32.1-36. Collection of recyclable materials.

Sec. 32.1-37. Recycling commercial reports.

Sec. 32.1-38. Scavenging of refuse or recycling containers.

Sec. 32.1-39. Establishment of fees for solid waste service.

Sec. 32.1-40. Exemption for elderly and disabled persons.

__________

*Cross references: Solid waste advisory commission, 2-371 et seq.; disposal of dead animals and fowl, 5-12, 5-13; use of garbage as fill material, 13-25; burning of brush, leaves, grass, etc., 14-6; garbage and refuse containers in itinerant restaurants, 15-114; containers for garbage and refuse at mobile food service facilities, 15-148; garbage containers in mobile home parks, 20-51; vehicles not to cause deposit or accumulation of mud, dirt, etc., on streets, 21-115; unlawful accumulations of refuse generally, 24-36; accumulations of refuse or weeds near residential or commercial structures, 24-37; open storage of inoperative vehicles, 24-39; deposit of garbage or trash in sewers, 30-7.

 

State law references: Solid and hazardous waste management, Code of Virginia, 32.1-177 et seq.

 

 

ARTICLE I.  IN GENERAL

 

 

Sec. 32.1-1.  Definitions.

 

Unless otherwise expressly stated or the context clearly indicates a different intention, the following words and terms shall, for the purposes of this article, have the meanings indicated in this section:

Ash means the fly ash or bottom ash residual waste material produced from the incineration or burning of solid waste or from any fuel combustion.

Building setback line shall mean the building setback line as defined in the codes compliance ordinance of the city.

Bulk waste shall mean individual items that are not suitable because of size or weight to be placed in regular garbage containers, to include but not limited to appliances, sofas, mattresses, and furniture.

Business or commercial establishment shall mean any person, association, partnership, or corporation engaged in manufacturing or in any business, profession or occupation subject to a license tax as set forth in chapter 18 of the City Code. Any premises wherein:

(a)     There is carried on any business, profession or occupation subject to the license tax ordinance of the city, as set out in chapter 18 of the City Code. Such term shall also include, but not be limited to, private schools, churches, nursing homes, homes for the aged, convalescent homes, hospitals, hotels, social, fraternal, civic or educational clubs, health clubs, boardinghouses, lodging houses, motels and all other institutions of a similar nature;

(b)     There is carried on any broadcasting, publishing, manufacturing or commercial activity or process;

(c)     Apartment units are rented, including those operated by the city redevelopment and housing authority; or

(d)     Trailer or mobile home lots are rented or sold; but businesses operated from a single-family residence, the major use of which premises is that of a residence, are excluded from this definition.

Construction waste shall mean solid waste which is produced or generated during construction, remodeling or repair of pavements, houses, commercial buildings and other structures. Construction wastes include but are not limited to lumber, wire, sheetrock, broken brick, shingles, glass, pipes, concrete, paving materials, and metals and plastics if the metal and plastics are a part of the materials of construction or empty containers for such materials. Paints, coatings, solvents, asbestos, any liquid, compressed gases or semi-liquids and garbage are not construction wastes.

Contractor shall mean an individual or firm that contracts to perform work.

Disposable containers shall mean ordinary plastic bags suitable for the reception of trash due to their waterproof nature.

Dumpster shall mean a metal container of not less than four (4) cubic yards, made of watertight construction, designed and constructed so that it can be emptied mechanically by specially equipped trucks.

Garbage means readily putrescible discarded materials composed of animal, vegetable or other organic matter.

Generator shall mean any business or commercial establishment whose act or process produces solid waste, as defined herein, including the landlord or tenant association for any such establishment if the landlord or tenant association manages solid waste for its tenants or members, respectively, which produce solid waste.

Hazardous wastes means a hazardous waste as described by the Virginia Hazardous Waste Management Regulations (9 VAC 20-60-10 et seq.).

Industrial waste means any solid waste generated by manufacturing or industrial process that is not a regulated hazardous waste. Such waste may include but is not limited to, waste resulting from the following manufacturing processes: Electrical power generation: fertilizer/agricultural chemicals; food and related products/by-products; inorganic chemicals; iron and steel manufacturing; leather and leather products; nonferrous metals manufacturing foundries; organic chemicals; plastics and resins manufacturing; pulp and paper industry; rubber and miscellaneous plastic products; stone, glass, clay and concrete products; textile manufacturing; transportation equipment; and water treatment. This term does not include mining waste or oil and gas waste.

Litter means any discarded item that has not been disposed of in a manner required by law.

Multiple residential unit shall mean any duplex, apartment, group of apartments or condominium used for dwelling places of more than one family.

Municipal solid waste means that waste which is normally composed of residential, commercial, and institutional solid waste and residues derived from combustion of these wastes.

Occupied premises shall mean any premises being put to some actual use, as distinguished from idle or vacant premises, or premises where human beings work or live as a usual place of abode.

Private premises or private property shall mean any dwelling, house, building or other structure, designed or used, either wholly or in part, for private residential, business or other purposes.

Putrescible waste means solid waste which contains organic material capable of being decomposed by microorganisms and cause odors.

Recyclable shall mean nonputrescible material that could be reprocessed for reuse in the same or another form.

Recycling shall mean the process of separating a given waste material from the waste stream and processing it so that it is used again as a raw material for a product which may or may not be similar to the original product.

Recycling container shall mean a city-authorized container for the storage and collection of recyclables approved by the city for use in its system of street side collection of refuse.

Refuse means all solid waste products having the character of solids rather than liquids and which are composed wholly or partially of materials such as garbage, trash, rubbish, litter, residues from spills, contaminations or other discarded materials.

Refuse container shall mean a wheeled container approved by the city for use in its system of street side collection of refuse.

Residential living units shall mean any single-family or multifamily living unit which is considered safe and inhabitable under the health regulations set forth under the Code of Virginia.

Residue shall mean any surplus or remaining material left following the sorting, processing, manual or automatic separation of waste, or recovery of items by any other means from any solid waste collected within the city limits.

(1)     Resource recovery system means a solid waste management system which provides for collection, separation, use, reuse, or reclamation of solid wastes, recovery of energy and disposal of non-recoverable waste residues.

Rubbish means combustible or slowly putrescible discarded materials which include but are not limited to printed matter, plastic and paper products, rags and other combustible or slowly putrescible materials not included under the term garbage.

Scavenge means the unauthorized or uncontrolled removal of waste materials from a solid waste management facility or from material set out for collection.

Single residential unit shall mean a dwelling place commonly referred to as a house, occupied by one family.

Solid waste means any discarded material as defined in the Virginia Solid Waste Management Regulations (9 VAC 20-80-140 et seq.)

Source reduction shall mean any action that reduces or eliminates the general waste stream at the source, usually within a process. Source reduction measures include, among others, process modifications, feedstock substitutions, improvements in feedstock purity, improvements in housekeeping and management practices, increases in the efficiency of machinery, and recycling within a process.

Special waste means solid wastes that are difficult to handle, require special precautions because of hazardous properties, or the nature of the waste creates waste management problems in normal operations, as defined in solid waste management regulations promulgated by the state department of waste management.

Street side shall mean a location adjacent to, and no more than eight (8) feet from, the curb line or edge of the pavement.

Tamper shall mean to interfere with or meddle with, especially, so as to damage; also to move any recycling container or refuse container away from the property or address it was assigned to by the director of public works.

Trash means combustible and noncombustible discarded materials and is used interchangeably with the term rubbish.

Unoccupied premises shall mean any premises not being put to some actual use or which is vacant or idle or upon which no person works or lives as his usual place of abode.

Waste tire means a tire that has been discarded because it is no longer suitable for its original intended purpose because of ware, damage or defect.

 

Yard waste means that fraction of municipal solid waste that consists of grass clippings, leaves, brush and tree prunings arising from general landscape maintenance.

 


Sec. 32.1-2.  Enforcement of article.

(a)     Until otherwise directed by the city manager and except as otherwise specifically provided in this article, the department of public works shall be responsible for collections provided for in this article and for the enforcement of the provisions of this article. The police and codes compliance departments shall assist in the enforcement of this article.

(b)     The city manager shall have the right to shift the responsibility of departments under this article, by written directive, when the interests of good administration so demand.

(Ord. No. 493; Ord. No. 586, 9-13-78; Code 1964, 20-22; Ord. No. 874, 12-9-87)

Charter references: Responsibility of department of public works as to garbage and refuse collection and disposal, 10.02.

 

 

Sec. 32.1-3.  Violations of article.

 

(a)     Any person who violates provisions of this article shall be subject to the following fines:

 

(1)     For the first offense, violators shall receive a written warning.

 

(2)     For the second offense, violators shall be fined $50.00.

 

(3)     For the third offense, violators shall be fined $75.00.

 

(4)     For the fourth offense and subsequent offense, violators shall be fined $150.00.

 

(5)     Each violation shall be counted as a separate violation at the location at which the violation occurs.

 

(b)     The City, or its designee, shall serve the written warning or assessment of fine by either:

 

(1)     Hand delivering the document to the violator or other adult occupying or employed by a business on the property where the violation occurred; or

 

(2)     Posting the document on the front door of the primary structure and mailing, by first class U.S. Mail, a copy of the document to the owner/occupant of record at the current mailing address for the property where the violation occurred.

 

(c)     Persons who have been assessed a fine shall have the right to challenge the assessment by providing a written notice to the City Manager within ten (10) days of the date of the assessment of the penalty. The City Manager or his designee shall determine whether the fine was properly assessed and notify the complaining person in writing of his determination. Should the City Manager or his designee determine that the fine was properly assessed, the person may challenge that determination within ten (10) calendar days of receiving the notice of determination by filing an action in court.

 

(d)     The City Manager or his designee may waive the penalty if he determines that the violation occurred due to no fault of the person.

 

(e)     The imposition of one penalty for any violation of this article shall not excuse the violation or permit it to continue. When not otherwise specified, each day that prohibited conditions are maintained or allowed to be maintained shall constitute a separate offense.


Sec. 32.1-4.  Disposal generally.

 

(a)     The purpose of this section is to safeguard life, limb, property and public health and the safety and welfare by regulating and controlling the disposal of solid waste and hazardous materials.

(b)     It shall be unlawful for any person to deposit solid waste or hazardous materials within the city, without first complying with the zoning ordinance and obtaining a permit from the Virginia Department of Environmental Quality.

Sec. 32.1-5.  Littering.

 

(a)     It shall be unlawful for any person to dump or otherwise dispose of trash, garbage, refuse, litter or other unsightly matter on a public highway, right-of-way, property adjacent to such highway or right-of-way or any other public property, or on private property, without the written consent of the owner thereof or his agent.

(b)     When a violation of the provisions of this section has been observed by any person, and the matter dumped or disposed of has been ejected from a motor vehicle, the owner or operator of such motor vehicle shall be presumed to be the person ejecting such matter; provided, however, that such presumption shall be rebuttable by competent evidence.

 

Sec. 32.1-6.  Prohibited deposits at the designated city disposal site.

 

It shall be unlawful for any person to dump or cause to be dumped, on the designated city disposal site, any garbage, trash, ashes, construction demolition debris, yard waste or refuse, as defined in section 32.1-1, except in strict accordance with the rules and regulations of the designated city disposal site.

 

Sec. 32.1-7. General responsibility of owner or occupant of premises to comply with article.

 

It shall be the duty of the owner or occupant of any premises within the city to comply with the applicable provisions of this article including payment of any required fees for service or capacity, except where otherwise specifically provided or except where the occupant or owner has, by deed, contract, lease, negotiation, or agreement determined otherwise.

(Ord. No. 493; Ord. No. 531; Ord. No. 671, 9-24-80; Code 1964, 20-2; Ord. No. 874, 12-9-87)

 

 

 

Sec. 32.1-8.  Storage of garbage and refuse on premises.

It shall be unlawful for garbage to be placed, deposited or allowed to remain on any premises unless placed or kept in metal or plastic containers or dumpsters with tight-fitting covers; and such covers shall be kept on the containers at all times, except when the containers are being filled or emptied. Plastic or polyethylene bags, if used for on-premise storage of garbage or refuse, shall be used as liners in metal or plastic containers with tight-fitting covers; and such covers shall be kept on the containers at all times, except when the containers are being filled or emptied. This temporary storage of garbage shall be used only until the garbage can be transferred to the approved refuse container by the resident for street-side collection. (Ord. No. 1137, 5-10-95)

Editor's note: Ordinance No. 1137, adopted May 10, 1995, amended 32-29 to read as set out herein. Prior to such amendment, 32-29 pertained to placement for collection generally and derived from 20-4, 20-6 of the 1964 Code; Ord. No. 493; Ord. No. 509; and Ord. No. 874, adopted December 9, 1987.

 

 

ARTICLE II COLLECTIONS BY THE CITY

 

 

Sec. 32.1-21.  Frequency and maximum amount of collections.

 

Except as otherwise provided in this article, and except in the case of emergency arising from an act of God or under circumstances over which the department of public works has no control, the department of public works shall collect, or have collected, remove and dispose of all household refuse, and trash, from premises for which it provides service once weekly and recycling every other week with conditions as set forth below:

 

(a)   In residential sections of the city, the collections shall not exceed the contents of any refuse container. No extra bags of refuse will be collected without the approval of the director of public works.

(b)  Collection of regular refuse from commercial establishments using refuse containers, multiple housing units of less than five (5) separate units, and trailer courts using refuse containers shall be made weekly and shall not exceed the contents of any refuse container. No extra bags of refuse will be collected without the approval of the director of public works.

(c)   A holiday collection schedule shall be announced by the department of public works for those holidays that fall on a regularly scheduled collection day.

(Ord. No. 1137, 5-10-95)

 

 

Sec. 32.1-22.  Refuse containers generally.

(a)     Refuse containers issued by the city shall remain the property of the city and shall not be removed from the property they were assigned to without approval by the director of public works.

 

(b)     The following limit is hereby imposed upon the number of refuse containers that will be issued by the city at no cost

(1)     Residences: One (1) refuse container.

(2)     Commercial establishments: One (1) refuse container.

(3)     Multiple house units and trailer courts of less than five (5) separate units: One (1) refuse container per unit.

(c)     Additional containers may be purchased from the City at the current replacement cost as established by the director of public works.

(Code of 1964, 20-2, 20-3; Ord. No. 493; Ord. No. 531; Ord. No. 671, 9-24-80; Ord. No. 874, 12-9-87; Ord. No. 1137, 5-10-95)

 

 

Sec. 32.1-23.  Maintenance of refuse containers.

It shall be the responsibility of the owner or occupant of the premises to maintain all refuse containers in his possession in clean condition and good repair. Each refuse container shall be equipped with a proper fitting lid. All containers used for the deposit of putrescible waste under the provisions of this article shall be cleaned or disinfected by the resident of the dwelling to whom the container is assigned as often as may be needed.

(Code 1964, 20-2; Ord. No. 493; Ord. No. 531; Ord. No. 671, 9-24-80; Ord. No. 874, 12-9-87; Ord. No. 1137, 5-10-95)

 

 

Sec. 32.1-24.  Replacement of lost, stolen or defective refuse containers.

 

(a)   The department of public works shall have the authority to require the replacement of any refuse container that is so worn or damaged as to hinder the effective street-side collection process. Failure to replace an unserviceable refuse container within ten (10) days after notification will be justifiable cause to cease providing refuse collection service.

(b)  Any refuse container that is damaged or destroyed through the negligence or misuse of the city shall be replaced at the expense of the city. The department of public works shall have the authority to determine, in each case of damage, whether the damage is sufficient to require replacement.

(c)   In cases of loss or damage due to the negligence of the resident, replacement shall be the responsibility of the homeowner. In cases of hardship, the city manager or his designee shall have the authority to waive the fee for replacement. In determining hardship, the city manager shall be assisted by the department of social services.

(Code 1964, 20-24; Ord. No. 493; Ord. No. 874, 12-9-87; Ord. No. 1137, 5-10-95)

 

 

Sec. 32.1-25.  Placement for collection generally.

 

(a)   All refuse, garbage, and recyclables shall be placed in a prescribed container for collection. The refuse container, yard waste, bulk waste and recycling container shall be placed at street-side for collection purposes. The collection schedule shall be announced by the department of public works for the city. If the refuse container, yard waste, bulk waste or recycling container is not near the street-side at collection time, this will indicate no service is needed on that date. Yard waste prepared for collection, as prescribed in section 32.1-27, and bulk waste shall be placed at street-side on the same collection schedule day as established for the collection of the refuse container.

(b)  The refuse and recycling containers shall be placed no more than three (3) feet from the street for collection. It shall be placed no closer than ten (10) feet from parked vehicles and three (3) feet from all other objects with the arrows on the lid facing the street.

(c)   The refuse container, recycling container, yard waste and bulk waste shall be placed at street-side no earlier than 3:00 p.m. on the date before the scheduled collection day and the refuse container and recycling container shall be removed from street-side no later than midnight on the day of collection. No refuse container, recycling container, yard waste or bulk waste shall be left on a lot or piece of property in front of an actual or imaginary building setback line, except during the period provided for herein, when the refuse container, yard waste, bulk waste or recycling container is at street side for collection purposes. Bulk waste, limbs, and yard waste (including bagged grass and leaves), as permitted by sections 32.1-26 and 32.1-27, shall be subject to the same regulations with regard to placement behind the building setback line and times for street-side placement as the refuse container or recycling container Violations of this subsection should be reported to the director of public works or other office as may be designated by the city manager. Upon receiving a complaint, such office shall investigate such complaint, and, if a violation is determined, such office shall fine the violator in accordance with Section 32-3.(Ord. No. 1137, 5-10-95)

Editor's note: Ordinance No. 1137, adopted May 10, 1995, amended 32-30 to read as herein set out. Prior to such amendment, 32-30 pertained to placement in disposable containers and derived from 20-8, 20-9 of the 1964 Code; Ord. No. 493; Ord. No. 586, adopted Sept. 13, 1978; and Ord. No. 874, adopted Dec. 9, 1987.

 

 

Sec. 32.1-26.  Bulk trash collection.

(a)   The city shall provide collection of bulk trash, as defined in section 32.1-1, to occupied dwellings receiving regular refuse collections service from the city and subject to the conditions established in this chapter of the city code and in accordance with a collection schedule established by the department of public works. Bulk items shall be placed street-side, free from low power lines, fences, poles, low branches, parked vehicles or other conditions which would hamper collection. If such material is not prepared for collection as herein required, its disposal shall be the responsibility of the owner or occupant of the premises. Placement and set out times shall be in accordance with Section 32.1-25.

(b)  The occupant of the premises shall be responsible to see that doors of refrigerators, freezers and iceboxes or other containers are removed in order to comply with section 24-38 of the City Code.

(c)   Bulk trash collection shall be provided to trailer courts, multiple residential units, and commercial businesses, per a collection schedule established by the director of public works and fee schedule established by the city council.

(Ord. No. 493; Ord. No. 535, 7-27-77; Ord. No. 565, 3-8-78; Code 1964, 20-13; Ord. No. 874, 12-9-87)

 

 

Sec. 32.1-27.  Preparation and placement of yard waste, tree limbs, cuttings, etc.

Leaves, grass clippings and other yard waste as defined in Section 32.1-1. shall be placed in clear plastic bags free of garbage and other waste. Bags shall not be overloaded beyond capacity. Tree limbs, branches, tree cuttings and vines too large to be placed in clear plastic bags must be placed street-side, free from low power lines, fences, poles, low branches or other conditions which would hamper collection. If such material is not prepared for collection as herein required, in an orderly pile free of trash, refuse, bulk waste or bagged yard waste, its disposal shall be the responsibility of the owner or occupant of the premises. Such tree limbs, branches, tree cuttings and vines shall be no longer than eight feet (8) and no more than six (6) inches in diameter subject to the placement and set out times prescribed in Section 32.1-25. (Ord. No. 493; Ord. No. 586, 9-13-78; Code 1964, 20-8; Ord. No. 874, 12-9-87)

 

Sec. 32.1-28.  Disposal of waste tires.

 

(a) Passenger vehicle waste tires shall be collected curbside from residential properties only. Residential properties are allowed to place up to five (5) passenger vehicle tires at the curb for disposal twice each calendar year. All other waste tires must be disposed of in accordance with applicable state and federal laws and regulations.

(b) Waste tires shall not be placed in collection containers destined for disposal at the city-operated refuse burning facility or any other waste disposal facility.

(Ord. No. 752, 5-11-83; Ord. No. 874, 12-9-87; Ord. No. 1137, 5-10-95)

 

Sec. 32.1-29.  Special preparation of certain materials.

 

(a)     Hypodermic instruments shall not be placed in a refuse container or disposable container before first breaking, disassembling, destroying or otherwise rendering the same inoperable and incapable of reuse. Such instruments or devices shall be further safeguarded by wrapping or securing the instrument so as to avoid the possibility of causing injury to the collection personnel.

(b)     All pressurized cans shall be released of all pressure before being deposited in a receptacle for collection by the city or any private collection agency.

(c)     All broken glass or any type of glass that may cause injury to refuse collection personnel shall be separately wrapped to prevent injury and placed with the normal refuse.

(d)     All pesticide containers and other poisonous containers shall be emptied and rinsed according to the manufacturer's label directions before being placed for collection.

(Ord. No. 874, 12-9-87)

 

 

Sec. 32.1-30.  Certain materials not to be collected.

 

(a)     Poisons, acids, caustics, manure, human excreta, explosives and other dangerous materials or substances or soil, loam, and other substances that may accumulate as a result of repairs to yards, will not be collected by the city nor shall any refuse from an overflowing refuse container, piles of mixed trash, rubbish or other materials or loose or dangerous refuse set out to be collected by the city.

(b)     Industrial waste shall not be collected by the city, but shall be collected, removed and disposed of by the operator of the factory, plant or enterprise creating or causing the same in accordance with regulations promulgated by the city manager.

(c)     Waste generated under contract between owner/occupant and another individual or party shall not be collected or disposed of by the city and shall be collected, removed and disposed of by the individual party with which contracted or, in the event of his failure, by the owner/occupant of the property.

(Ord. No. 493; Code 1964, 20-7, 20-15, 20-16; Ord. No. 874, 12-9-87)

 

 

Sec. 32.1-31.  Material not to be collected from certain premises.

 

(a)     All collections of refuse material by the city shall be made from street side, except as otherwise provided in this article. Collections will not be made from premises situated on streets which are not passable for collection trucks, private streets and lanes nor shall any collection be made from basements, garages, enclosed porches or the interior of any building.

(b)     City trash and refuse collectors are not required to collect from premises where the provisions of this article are violated. The failure to collect any trash or garbage from the premises because of a violation of the provisions of this article shall not relieve the person responsible for such violation from prosecution and penalty therefore.

(Ord. No. 493; Code 1964, 20-10, 20-11; Ord. No. 874, 12-9-87)

 

 

Sec. 32.1-32.  Non-street side collection.

Any user of the city provided solid waste collection service, having an address on a public street, who is physically incapacitated so as to prevent such person from placing the refuse container or recycling container at street-side for collection purposes may obtain non-street side collection of refuse or recyclables by obtaining the approval of the director of public works. Application for non street-side collection must be made annually and supported by medical documentation of the physical incapacitation and approved by the director of public works.

(Code 1964, 20-5; Ord. No. 493; Ord. No. 874, 12-9-87; Ord. No. 1137, 5-10-95)

 


 

Sec. 32.1-33.  Collection from private streets.

 

(a)     In the case of private streets, the director of public works shall review the street and determine whether or not city refuse vehicles can reasonably obtain access to refuse containers. The director shall designate where and when the refuse containers are to be placed for collection.

(b)     In the event it is determined by the director of public works that reasonable access is not possible, the director shall designate a central location where all the refuse containers shall be placed for collection purposes. It shall be the responsibility of the residents, in such case, to place the refuse containers in the central location selected by the director.

(c)     In the event the city collects refuse material along a private street or road, the city shall not be responsible for damage by collection vehicles or maintenance of such street or road.

(Ord. No. 493; Code 1964, 20-10; Ord. No. 874, 12-9-87) Cross references: Streets, Ch. 34.

 

 

Sec. 32.1-34.  Collection from trailer courts.

In the case of trailer courts, the director of public works shall review the trailer court and determine whether or not city refuse vehicles can reasonably obtain access to refuse containers. If access is possible, the city shall require of the trailer court owner a hold harmless agreement. The agreement shall protect the city from any claim or cause arising out of damage to property of the trailer court located in or on the private roadway used by the city's collection vehicle. The agreement shall also protect the city from any claim of damage to the private roadway resulting from the use thereof for collection purposes. The agreement shall be approved by the city attorney. The director shall designate where and when the refuse containers are to be placed for collection.

In the event it is determined by the director of public works that reasonable access is not possible, the director shall designate a central location where all the refuse containers shall be placed for collection purposes. It shall be the responsibility of the residents, in such case, to place the refuse containers in the central location selected by the director.

Cross references: Mobile home parks, 20-16 et seq.

 

 

Sec. 32.1-35.  Dumpster service.

(a)     Dumpster service may be rendered by the city to businesses, apartments or multiple housing units of five (5) or more separate units constructed for individual ownership, and such service can be provided from a public street or other location approved by the director of public works. Fees for this service shall be set by city council. Minimum dumpster size shall be four (4) cubic yards. Collection and disposal of solid waste not collected by the city shall be the responsibility of the property owners through the use of dumpsters or other means approved by the director of public works.

It shall be the responsibility of the owner of any premises served by a dumpster box to maintain such box in clean condition and good repair. Each dumpster box shall be watertight and shall be equipped with a proper lid or top so that it may be fully closed. If dumpster service is provided, residents will be responsible for placing their garbage, trash and refuse in the dumpster box. Such dumpster box shall be placed in a location approved by the director of public works.

(Ord. No. 493; Ord. No. 535, 7-27-77; Ord. No. 545, 9-28-77; Ord. No. 564, 3-8-78; Ord. No. 565, 3-8-78; Ord. No. 579, 8-9-78; Ord. No. 614, 2-28-79; Ord. No. 671, 9-24-80; Code 1960, 20-14, 20-17; Ord. No. 874, 12-9-87; Ord. No. 1137, 5-10-95)

 

 

Sec. 32.1-36. Collection of recyclable materials.

 

All residential property owners or occupants of residential properties, as defined in section 32.1-1, shall separate and make available for collection and recycling such categories of waste which are designated by the director of public works.

 

(a)       Recycling containers generally.

(1)     Only recycling containers, approved for use by the director of public works, shall be used for the collection of recyclables.

(2)     One (1) approved recycling container shall be provided by the city without charge. Ownership of the recycling container remains with the city, and it shall not be removed from the premises to which assigned. Subsequent replacement of recycling containers, due to loss or damage attributable to the owner or occupant of the property, shall be the responsibility of the owner or occupant of the property to which the recycling container is assigned.

(3)     One additional recycling container may be provided by the city upon request by the owner or occupant with proof of need due to regular volumes of recyclable materials exceeding capacity of single container and will be serviced according to the provisions of this article.

(b)     Placement of recycling container; frequency of collection.

(1)     The recycling container shall be placed street side in accordance with the requirements for refuse containers in section 32.1-25, no closer than three (3) feet from the refuse container for collection.

(2)     The recycling container shall be placed out for collection and removed once the collection is completed, in accordance with section 32.1-25 of this chapter.

(3)     Non-street side collection of the recycling container for any person physically incapacitated so as to prevent such person from placing the recycling container street side for collection purposes shall be in accordance with section 32.1-32 of this chapter.

 

Sec. 32.1-37.  Recycling commercial reports.

 

(a)     All business or commercial establishments, as defined in this chapter, shall be required to file an annual commercial recycling report with the department of public works, solid waste division. Any business or commercial establishment that utilizes city collection service shall be exempt from this commercial reporting requirement, because the information can be gathered directly from service users.

 

(b)     The annual report shall cover the twelve-month period beginning January 1 and ending December 31, and shall be submitted no later than forty-five (45) days from the end of such period.

 

(c)     The annual report shall contain:

(1)     The name, address, and telephone number of the commercial establishment on whose behalf this report is filed;

(2)     The name, address, and telephone number of an individual who may be contacted on behalf of such commercial establishment; and

(3)     The total quantity, in tons, of solid waste recycled by such commercial establishment during the twelve-month reporting period.

 

(d) All quantities of solid waste required to be required shall be measured by weight, in tons. When a commercial establishment is unable to accurately determine quantity by weight, such quantities shall be reported based upon carefully estimated data. Each report shall identify all information which is based upon estimated data, and the basis of measurement used for such estimate.

 

(e) The reporting requirements of section 32.1-37 shall not include any information of a proprietary nature, defined as information, the disclosure of which would result in compromise of a trade secret or have a direct economic advantage to a competitor of such commercial establishment. Where any commercial establishment fails to report any information otherwise required hereunder based upon an assertion that the information is of a proprietary nature, the commercial establishment shall specify in the annual report the nature of the information withheld and the basis for the determination that such information is of a proprietary nature. The director of public works may examine such assertion and reasons therefore, and, the director of public works determines there is no reasonable basis for such assertion shall advise such commercial establishment in writing, after which the penalties assessable under section 32.1-3 herein may be imposed.

(Ord. No. 1137, 5-10-95)

(f) Failure to timely comply with the reporting requirements of section 32.1-37 of this chapter shall be punishable by a civil penalty in accordance with section 32.1-3. Each day of any violation under section 32.1-37 shall constitute a separate punishable occurrence. No criminal penalties shall be imposed for such violations.

(Ord. No. 1137, 5-10-95)

 

 

Sec. 32.1-38.  Scavenging of refuse or recycling containers.

 

It shall be unlawful to scavenge, remove, alter, or otherwise tamper with any item, material, or object either contained in or attached to the refuse or recycling container without the approval of the solid waste management division of the department of public works.

 

 

Sec. 32.1-39.  Establishment of fees for solid waste service.

 

  1. The city council shall establish solid waste collection and disposal user fees. All households within the city shall be subject to the fees established by the city council for street-side collection services. All fees shall be approved by the city council prior to implementation. User fees may include any or all of the following:

Residential collection and disposal fees.

Commercial garbage collection and disposal user fees.

Dumpster service rental, collection and disposal fee

Landfill and steam plant tipping fees.

Bulk trash collection and disposal fees.

Extra refuse or excess bulk collection and disposal fees.

Yard waste collection and disposal fees.

CFC collection fees.

Waste tire collection and disposal fees.

Household hazardous waste collection and disposal fees.

(a)           The city council shall have the authority to establish and/or change user fees as required during the annual budget process.

(b)           All solid waste collection and disposal user fees shall be billed by the department of public works, or its designee.

(Ord. No. 1137, 5-10-95)

 

 

Sec. 32.1-40. Exemption for Elderly and Disabled Persons

 

Residential solid waste user fee relief shall be provided to qualified applicants who are eligible for real estate tax exemption as set forth in Section 37-123. All provisions of Chapter 37 Division 6. shall apply to administration and application for relief from the solid waste user fee. The assessor shall certify that a person is qualified for relief to the director of public works providing the percentage of tax liability for each qualified person. The director of public works shall reduce the solid waste user fee accordingly but in no case shall the fee be less than $1.00 per week.

 

Adopted at the regular meeting of the City Council of the City of Hampton, Virginia held on January 25, 2006.

 

 

 

Signed by ____________________________ Date _________________

Ross A. Kearney, II, Mayor

 

 

 

 

Attested by ____________________________ Date _________________

Katherine K. Glass

Clerk of the Council