§ 33-9. Location.

(a)

Garbage receptacles and containers shall be placed at the location designated by the city as the most accessible for collecting and removing the same. In the event that trash is of such a nature that it cannot be put in receptacles, it shall be carefully placed in bundles under fifty (50) pounds and tree limbs, trunks and hedge cuttings shall not exceed three (3) feet in length and one and one-half (1½) feet thick. All garbage receptacles shall be removed from the public easements by the owner of the same after the garbage and trash has been removed therefrom.

(b)

If however any owner of property utilized for commercial purpose or multi-family structures desires to place his receptacles and containers at a location on private property and requests the city to collect and remove the garbage from the location, the city may, at its discretion, agree to this request only upon the property owner executing a release and hold harmless agreement prepared by the city attorney's office. Such agreement shall be subject to cancellation at any time by the city and the property owner. The city reserves at all times the right to require the property owner to place the receptacles at a designated place on city right-of-way.

(c)

The city refuse collection in residential areas shall be conducted from streets only except as hereafter provided. For the purposes of this section, the word "street" shall mean an improved public road surface designed and used for vehicular traffic and providing primary public and private access and service, or private road conforming to public street and subdivision standards.

(d)

If an organization representing a subdivision having private alleys desires that the alleys be used for refuse collection and requests the city to provide such alley service, the city may, at its discretion, agree to this request under the following conditions, and reserves at all times the right to require that refuse be placed for collection from the street:

(1)

The representing organization shall be an organization of all property owners in the subdivision and shall be empowered and capable of maintaining the alleys as provided herein.

(2)

Publicly owned alleys shall not receive refuse collection.

(3)

Plats for the subdivision represented by the organization shall explicitly allow alley access to refuse collection, provided the city and its contractors shall not be responsible for damage to pavement resulting from refuse collection service, and shall assume responsibility for all repair and maintenance of the pavement and related structures. In the absence of plat notes as described above, the same provisions shall be incorporated in a separate agreement provided by the representing organization.

(4)

Request for service shall be in writing and shall include:

a.

A copy of the resolution of the organization authorizing the request.

b.

A plat showing all properties and alleys in the subdivision and designation of which alleys are to be served.

c.

Evidence of representation, of empowerment, and of capability as described in subsection 33-9(d)(1) above.

d.

Agreements as described in subsection 33-9(d)(3) above.

e.

As-built construction plans of all alleys to be served demonstrating compliance with design criteria herein required.

(5)

Alley width of pavement shall be no less than sixteen (16) feet.

(6)

Alley pavement shall be reinforced concrete no less than six (6) inches thick with strength, reinforcement spacing, and subgrade conforming to city standards for public alleys.

(7)

Minimum inside radius of all curves shall be no less than twenty-seven (27) feet.

(8)

Maximum pavement slope shall be nine (9) percent. Maximum cross slope shall be one-half (½) inch per foot.

(9)

Overhead clearance shall conform to the City Electrical Code ordinance.

(10)

Sharp drop-offs from the edge of pavement shall have a slope no greater than one (1) vertical to four (4) horizontal, or the pavement shall have a curb and there shall be a guardrail at that location.

(11)

Length of vertical curves shall be such as to allow the driver of the refuse truck to see a six-inch high object on the pavement no less than one hundred (100) feet in front of the vehicle.

(12)

Dead end alleys shall not be served.

(13)

Alleys shall at all times be maintained as follows by the requesting representative organization:

a.

Alleys shall be kept free of debris, accumulations of algae and zoogleal growth, overhanging limbs, fallen trees, fences or structures, and blockages by traffic, utility work, construction or any other cause which interferes with or prevents refuse collection as scheduled.

b.

Alleys with ice shall be promptly and sufficiently sanded to render them safely passable for refuse collection as scheduled.

c.

Proper drainage shall be maintained.

d.

Pavement failure shall be promptly repaired.

e.

Failure to provide maintenance as described above may cause temporary interruption of scheduled service and/or cancellation of refuse collection in alleys.

(14)

Brush shall not be collected in alleys but at curbside.

(Ord. No. 845, § 18-5; Ord. No. 1454, § 1; Ord. No. 6188, § 1, 10-29-92; Ord. No. 2017-9981, § 1, 9-21-17 )