There is hereby established a system for the collection and disposal of refuse as a function of the city. It shall be unlawful for any person to accumulate any refuse on their own premises, or on public or private property adjacent thereto, or to dispose of or remove refuse from their premises where accumulated except as provided by this article or other ordinances of the city relating thereto.

(Code 1968, 8-501)

Refuse for the purposes of this article, shall include garbage and trash, and garbage and trash shall be defined as follows:

Garbage and trash shall consist of waste normally produced by a household or commercial enterprise, but shall not consist of or include any barrels, furniture, bedding, appliances and similar objects; rock, concrete, glass crockery and other mineral refuse; dirt, earth and waste from building operations, wash rack residue and solid waste resulting from industrial processes and manufacturing operations, such as food processing waste, oil or house cinders, lumber scraps and shavings, fireplace ashes or ashes consisting of residue from fire used for cooking or for heating materials or other objects lawfully burned on the premises.

(Ord. 1087, Sec. 1)

(a)   It shall be the duty of the owner or occupant of each property and premises in the city to dispose of garbage and trash, as defined in this article, by placing the same in suitable containers on the premises where the same is accumulated, the same to be placed in designated places most easily accessible for the collection and removal.

(b)   Each such container shall be a trash dumpster or polycart of the type approved by the city. All such containers shall be covered at all times except for when disposing or removing garbage therefrom, and shall be kept by the owner or user in a clean and sanitary condition. The city clerk shall maintain a list of those dumpster and polycart types that have been approved for use in the city.

(c)   All entities determined by the city superintendent to be large volume generating sanitation customers shall utilize dumpsters for the disposal of their trash and garbage. The following businesses and entities are declared to be a nonexclusive list of large volume generating sanitation customers to whom the provisions of this section shall apply without any specific determination by the city superintendent: Hardware and parts stores, restaurants, rest homes, convenience stores, grocery stores and supermarkets, private clubs, body shops, bowling alleys, manufacturers, lumber yards, liquor stores, banks, schools, service stations, and multiple housing units or trailer parks billed through the owner or operator.

(d)   All commercial enterprises introducing volumes of cardboard into the city solid waste disposal system shall break down and bundle such cardboard into bundles with exterior dimensions not to exceed three feet per side. Failure to comply with this requirement will result in the cardboard being ineligible for pickup.

(Ord. 1156, Sec. 2:3; Ord. 1292 Sec. 2; Code 2009)

All commercial enterprises introducing volumes of cardboard into the city solid waste disposal system shall break down and bundle such cardboard into bundles with exterior dimensions not to exceed three inches per side. Failure to comply with this requirement will result in the cardboard being ineligible for pick-up.

(Ord. 1131, Sec. 3)

Tree limbs and brush of a small diameter may be placed in approved containers provided that it is cut in such lengths that it may be placed therein and a lid placed on the container. All other tree limbs or brush shall be bound together by the use of some material and shall be in lengths of no greater than four feet. Tree limbs and brush bound in such manner shall be considered as items subject to a special pick-up charge as hereinbefore provided.

(Ord. 1087, Sec. 6)

All objects or substances not defined as trash shall not be placed in any garbage or trash container but may be accumulated in a suitable place on the premises for removal in accordance with the provisions of section 15-412.

(Code 1968, 8-505)

Suitable and proper rules for the purpose of the accumulation and removal of garbage and trash may be adopted by the collector subject to the approval of the council. The rules may require that all liquids be drained from any garbage and the liquids disposed of through the sanitary sewer system; the wrapping of garbage in paper and its separation from trash; the location of all garbage and trash containers with respect to the street and alley for collection; the time of collection, and the type of containers to be used.

(Code 1968, 8-506)

It shall be unlawful for any person to burn, or cause to be burned outdoors and within the city limits of the city, any trash, leaves, paper or other refuse or combustible material of any kind whatsoever, except for the operation of an outdoor fireplace or apparatus used for cooking purposes while a responsible adult is personally present and in charge of such activity; provided however, that nothing herein contained shall prevent burning of materials under the supervision of the Ellis Fire Department or any governmental unit.

(Code 1968, 8- 507)

The city shall in accordance with the provisions of this article collect and remove from the city all refuse which may be accumulated therein. No person other than such persons as may be employed by the city or who shall have an exclusive contract with the city for the purpose of collecting and removing refuse, shall collect or remove refuse form the city.

(Code 1968, 8-508)

When any contract shall be entered into by the city for the collection and removal of refuse therefrom, the same shall be negotiated on such terms as shall be mutually agreeable to the contractor and the city and shall be in writing and the contract shall be approved by the council, and the mayor and clerk shall be authorized to execute the same on behalf of the city. Any such contract shall not extend beyond the term of one year and shall contain the provisions for the termination thereof upon 60 days’ notice by either party. Any such contractor may be required to supply and use such vehicles so built, constructed, and operated as to prevent the spilling or loss of its contents along or upon any alley, street, public or private grounds in the city; to establish routes and time schedules and keep collection records for each premise from which refuse will be removed; to keep an office and telephone where complaints may be made regarding the collection service; and to make monthly reports to the council respecting the services performed. Any such contractor shall execute a surety bond to the city, to be approved by the council in the sum of $2,000, conditioned upon satisfactory performance of all the terms of the contract and to save the city harmless from any loss or damage on account of the contractor’s conduct.

(Code 1968, 8-509)

Trash shall be collected at least once each week in the business district and at least twice a month in the residential district; provided, that any contract entered into as herein provided may specify the frequency of garbage and trash collection in any district.

(Code 1968, 8-510; Code 1990)

(a)   The Council shall fix a schedule of charges to be paid the City by the owner or occupant of any premises for the removal of refuse therefrom. Such charges shall be imposed in accordance with a reasonable classification of the services required, the frequency of collection and the amount of garbage and trash to be removed; provided, that any person having a contract with the City hereunder may with the approval of the Council, establish special service charges and rules and regulations for the removal of accumulations of any substances or materials not defined as trash by section 15-402 or removal as trash.

(b)   All residences or locations within the limits of the City which do not utilize a dumpster, and all residences or locations outside the limits of the City, as of October 1, 2010 which receive refuse removal service from the City but do not utilize a dumpster shall be required.to use a trash polycart provided by the City. The fees set forth by resolution shall be subject to increases pursuant to Ordinance No. 1407. The fee for providing weekly pick-up sanitation service to residences or locations which do not utilize a dumpster, and where the weekly pick-up consists of the picking up of trash and garbage normally produced by a household or commercial enterprise as defined above, shall be set by resolution, inclusive of any county disposal fees.

When two or more individuals or businesses located at different addresses share a dumpster, each such business or individual shall pay the applicable rates as set forth by resolution. The fees set forth by resolution shall be subject to increases pursuant to Ordinance No. 1407. The fee for the pick-up of garbage and trash from dumpsters utilized by residences and single business entities shall be shall be set by resolution, inclusive of any county disposal fees.

(c)   Charges For Special Pick-Up. If the City is requested to pick-up and dispose of items which are not within the definition of garbage and trash as herein defined, the superintendent of the City or a person designated by the superintendent shall determine whether such item or items will be picked-up or disposed of. If such item is picked-up, the charges and fees shall apply as set by resolution, inclusive of any county disposal fees.

(d)   Application. All residences and commercial enterprises located within the limits of the City which subscribe to any City service shall be required to accept and pay for sanitation pick-up as provided by the City and pursuant to the rates schedule as herein set forth and as may be changed from time to time. All residences and commercial enterprises outside of the City limits which receive sanitation services as of October 1, 2010 shall be required to accept and pay for sanitation pick-up as provided by the City and pursuant to the rate schedule as herein set forth and as may be changed from time to time. Following October 1, 2010 residences and commercial enterprises outside of the City limits which do not currently receive sanitation pick-up will not be eligible for the service.

(Code 1968, 8-511; Ord. 1087; Ord. 1131; Ord. 1133; Ord. 1156; Ord. 1194; Ord. 1225; Ord. 1291; Code 2009; Ord. 1318; Ord. 1324; Ord. 1427; Code 2022)

All charges imposed hereunder shall be due and payable to the city monthly within 15 days after the first day of the month succeeding the one in which the charges were incurred. The city clerk shall prepare and render a bill for refuse removal services in the same manner as for utility bills and shall by virtue of his or her office be the collector of such accounts. He or she shall deliver all moneys received hereunder into the city treasury to the credit of the sanitation fund.

(Ord. 1102, Sec. 1)

The city clerk shall, at the time of collecting the first monthly service fee, imposed for the collection and removal of refuse from the city, collect a fee or fees in addition, equivalent to such monthly charge. The same shall be retained by the clerk as an advance guaranty of the succeeding monthly charge for refuse removal services. Thereafter, when any monthly charges shall be unpaid at the end of the month, the advance fee shall be credited to such account, and the clerk shall cause the refuse collection service of the city to be discontinued as to such premises until the unpaid fees are received by him or her, together with the fee or fees for the next succeeding month.

(Code 1968, 8-513; Code 1990)

Hereafter it shall be unlawful for any person in the city to collect or haul garbage or trash, as defined herein, for hire, service, or consideration of any kind unless any such person shall do so under a contract with the city.

(Code 1968, 8-514)

(a)   The governing body, shall, from time to time, designate an area or areas within or without the limits of the city to be the dump grounds of the city. The governing body shall further provide for the management of the same, and for the hours of operation.

(b)   Such city dump grounds shall be closed for the use of the general public on weekends and holidays. The dump grounds shall be open Monday through Friday from the hours of 8:00 a.m. to 5:00 p.m.

(c)   Rules and regulations concerning the dump grounds shall be established by resolution of the governing body.

(Code 1968, 8-515; Code 1990)

A subscriber to waste service who is found to be in violation of any of the rules or regulations contained herein shall be given the appropriate notice, which will be delivered to the residence or address of the commercial enterprise. A record of such violations will be maintained by the city. After a subscriber has received four such notices, the city may, at the subscriber’s expense, take whatever action is necessary to correct the violation. Any cost associated with the correction will be assessed against a subscriber and will be added to the subscriber’s next monthly bill.

(Code 1976)

(Ord. 1106; Ord. 1315; Code 2022)

It shall be unlawful for a person, firm or corporation to:

(a)   Dispose of refuse in any container other than that owned or leased by him or under his control without written consent of such owner and with the intent of avoiding payment of the City’s refuse service charge.

(b)   Deposit of refuse at any place or in any manner other than described herein.

(c)   Bury any garbage or refuse on any private or public premises.

Any person, firm, or corporation violating any of the provisions of this article shall upon conviction, be punished by a fine of not less than ten dollars ($10.00) nor more than one hundred dollars ($100.00), and each day of failure to comply with such provision of this article shall constitute a separate offense.

(Ord. 1282; Code 2009)