ORDINANCE NO. 4588 AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY AMENDING SECTIONS 10.1, 10.2, 10.3, 10.5, 10.6, 10.7, 10.8, 10.9, 10.11, 10.12, 10.13, 10.18, 10.19, 10.22. 10.25 AND ENACTING A NEW SECTION 10.27, THEREOF, FOR THE PURPOSE OF AMENDING GARBAGE, RECYCLING AND REFUSE, REPEALING ANY AND ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT TO THE EXTENT OF SUCH CONFLICT; PROVIDING A PENALTY; AND ESTABLISHING AN EFFECTIVE DATE. BE IT ENACTED, by the City Council for the City of Ames, Iowa, that: Section One. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby amended by amending Sections 10.1, 10.2, 10.3, 10.4, 10.5, 10.6, 10.7, 10.8, 10.9, 10.11, 10.12, 10.13, 10.18, 10.19, 10.22, 10.25 and enacting a new Section 10.27, as follows: CHAPTER 10 GARBAGE, REFUSE AND RECYCLING Sec. 10.1. DEFINITIONS. As used in this chapter, the following words shall have the meanings ascribed to them as follows: (1) "Garbage" means every waste accumulation of animal, fruit or vege­table matter, liquid or otherwise, that attends the preparation, use, cooking, dealing in or storing of meat, fish, fowl, fruit or vegetables, and including non-recyclable food containers. Dead animals are not included in the term garbage. (2) "Refuse" means all other miscellaneous waste materials except "recycling" and "yard waste" not specifically defined as garbage. (3) "Recycling" or "Recyclable Materials" means solid waste designated by the city as appropriate for collection, processing and return to use in the form of raw materials, such as certain types of newsprint, magazines and catalogs, metal, plastic containers, glass, and cardboard. (4) "Yard Waste" means debris such as grass clippings, leaves, gar­den waste, brush, and trees. "Yard Waste" does not include tree stumps. Sec. 10.2. RESERVATION OF CITY'S RIGHTS. The city reserves the right to enter into a contract at any time with any license holder or others, for the collection and disposal of garbage, refuse, recycling, or yard waste within the city, or may itself operate and maintain such a service. Sec. 10.3. RECEPTACLES. Garbage or recycling shall not be set outdoors for collection and disposal, or for any other purpose, except when fully contained in a water-tight and tightly closed hard receptacle that cannot be ripped open by birds or beasts. Setting out garbage or recycling in plastic bags or paper sacks is prohibited. Containers that shed rain when their lids are completely closed shall satisfy the requirement for a watertight receptacle. Sec. 10.5. OVER-FILLING RECEPTACLES. It is the duty of every person using or maintaining a garbage or refuse receptacle or recycling receptacle to cause the same to be emptied of its contents be­fore it is so full that the cover will no longer fit tightly. Sec. 10.6. LOCATION OF RECEPTACLE. All garbage, refuse and recycling shall be delivered by the householder or the occupant of any building or place of business to the ground level for collection, and the receptacle therefore must be kept in a location convenient for collection. Sec. 10.7. PREPARATION FOR COLLECTION. Brush and tree trimmings shall be securely tied in bundles not more than four feet in length and not more than two feet in diameter. The bundles shall be bound by means of hemp, sisal, cotton or other non-metallic biodegrad­able cord material. No single piece of brush or tree trimmings shall be more than three inches in diameter. Yard waste and recycling shall not be mixed with one another or with garbage or refuse. Sec. 10.8. MANNER OF DISPOSAL. Garbage and refuse shall be disposed of by householders or other occupants of any building or place of business as hereinafter provided: (1) Garbage. Garbage shall be disposed of as follows: (a) By delivery to a licensed collection agency; (b) By hauling to a city-operated disposal facility providing that the containers and vehicles used in transportation conform to the requirements of this chapter. (c) By disposal through an in-sink garbage disposal unit directly to the public sanitary sewer system; (d) By incineration in an incinerator that meets State and Feder­al regulations. (2) Refuse. Refuse shall be disposed of as provided for in subsec­tions (1)(a), (1)(b) or (1)(d) above. (3) Yard Waste. Yard Waste shall be disposed of as follows: (a) As provided for in subsection (1)(a), (b) or (d) above; (b) By open burning in accordance with the provisions of Chap­ter 8 of the Ames Municipal Code. (c) Leaves and grass may be disposed of by delivery to a site for composting or land application, or delivery to any person who can be reasonably expected to cause composting or land application of the leaves and grass, in accordance with the provisions of Section 10.24. (4) Recycling. Recycling shall be disposed of as follows: (a) As provided for by the Residential Curbside Recycling Collection program in Section 10.27. (b) By delivery to a licensed collection agency; (c) By hauling to a recycling facility providing that the containers and vehicles used in transportation conform to the requirements of this chapter. Sec. 10.9. DEPOSITING GARBAGE, YARD WASTE, REFUSE, RECYCLING IN STREETS, ALLEYS, ETC., PROHIBITED; EXCEPTION. (1) It is unlawful for any person to deposit or place any garbage, yard waste, refuse or recycling in any street, alley, lane, public place, private property or any body of water within the city; or, to permit garbage, yard waste, refuse or recycling to remain for more than seven days on private property that is under one's ownership, possession or control. However, garbage, refuse, yard waste or recycling may be placed on the untraveled portions of streets, alleys, lanes, public places and on private property to be hauled away if the garbage, refuse, yard waste or recycling is kept in the manner prescribed in this chapter. Yard waste may be retained for more than seven days if composting is being completed. (2) It is unlawful to place garbage, refuse, yard waste or recycling on the private property of another, or into another's garbage, refuse, yard waste or recycling containers for the purpose of being hauled away. Sec. 10.10. LICENSE TO COLLECT OR HAUL GARBAGE, REFUSE AND RECYCLING REQUIRED. It is unlawful for any person to collect or haul garbage, refuse or recycling within the city except from their own residence or business property without first obtaining a license from the city. Sec. 10.11. LICENSE APPLICATION; APPROVAL. An application for a license to collect or haul garbage, refuse or recycling shall be made to the office of the city clerk on forms provided by that office. The applicant shall file with the application a certificate or affidavit of insurance as hereinafter set forth and shall pay the re­quired license fee. Upon receipt of application properly executed, the city clerk shall refer the same to the city manager for approval before issuing the license. Sec. 10.12. INSURANCE AFFIDAVIT; CONTENTS; LIABILITY COVERAGE. (1) Contents. The certificate or affidavit of insurance to be filed with the application for a license hereunder shall be executed by representatives of a duly qualified insurance company evidencing that the insurance company has issued liability and property dam­age insurance policies covering the following: (a) All operations of the applicant, or any other person employed by the applicant in garbage, refuse and recycling collection within the corporate limits of the city; (b) The disposal of the garbage and refuse to and within any area designated as a sanitary landfill by the city; (c) The delivery of the recyclable materials to a facility licensed to receive, sort, or process the materials for the purpose of converting them into new products; (d) Protecting the public and any person from injuries or damag­es sustained by reason of carrying on the work of garbage, refuse and recycling collection and disposal. (2) Applicant shall procure and maintain, for the duration of the license period, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the function for which the license is issued. Applicant shall furnish the City of Ames with certificates of insurance evidencing the following coverages: (a) Comprehensive General Liability with limits of no less than $1,000,000 combined single limits per occurrence for bodily injury, personal injury, and property damage.(b) Automobile Liability with limits of no ess than $1,000,000 combined single limits per occurrence for bodily injury, personal injury, and property damage.(c) Worker's Compensation and Employer's Liability as required by the laws of the State of Iowa. (3) The approved insurance certificate must be on file in the office of the City Clerk before a license will be issued. Sec. 10.13. INSPECTION OF APPLICANTS' EQUIPMENT. The Resource Recovery Superintendent and staff shall inspect annually the applicant's equipment proposed to be used, the pick-up service to be maintained and the methods of operation; and if they meet the requirements herein specified shall file approval with the city clerk. Sec. 10.18. FREQUENCY OF COLLECTION. (1) Licensed haulers shall collect garbage and refuse from single-family and multi-family up to four (4) unit residential customers not more than one (1) time per week, except that, in addition to a routine weekly collection, a licensed hauler may make arrangements for a special collection of garbage and refuse from a customer in the event of a disaster, calamity, construction or demolition project or the like which generates an unusual quantity or character of garbage or refuse that is impractical or unsanitary to dispose of on the routine collection day. (2) Collections of garbage from hotels, restaurants, clubs, boarding ­houses or other places of like character or from multi-family properties containing more than four (4) units, where considerable gar­bage is produced daily shall be made not less than one (1) time per week, and more frequently as necessary to prevent an accumulation of garbage which prevents the lid of the garbage receptable(s) from tightly closing, or which overflows onto the ground, or which harbors animals or birds, or which produces noisome odors. Sec. 10.19. COLLECTION VEHICLES; REQUIREMENTS. All vehicles used in the transportation of garbage, refuse or recycling within the city shall be kept in a sanitary condition and shall be so constructed as to prevent leakage in transit. The body of the truck shall be wholly enclosed or shall at all times while in transit be kept covered with an adequate cover, or a canvas cover provided with eye­lets and rope for tying down. Loading of vehicles shall be done in such a manner as to prevent spilling or loss of contents. All persons licensed under the terms of this chapter shall use packer type trucks for normal collection purposes and shall submit such vehicles to city inspection annually. Sec. 10.22. INFECTIOUS WASTE. (c) Contaminated sharps means all discarded sharp items derived from patient care in medical, research, or industrial facili­ties including glass vials containing materials defined as infectious, hypodermic needles, scalpel blades, and Pasteur pipettes. Sec. 10.25. PENALTIES FOR OFFENSES. A violation of any provision of Chapter 10, Garbage, Refuse, and Recycling shall be a municipal infraction punishable by a fine of $500 for a person=s first violation thereof, and a penalty of $750 for each repeat violation; except for violations of Sections 10.3, 10.4 and 10.5, the penalty for a first violation thereof is $200, and the penalty for a person=s second violation is $500, and the penalty for each repeat violation thereafter is $750. Sec. 10.27. RESIDENTIAL CURBSIDE RECYCLING COLLECTION. (1) Purpose. The purpose of this Section is to provide for the orderly and economical separation and collection of recyclable materials from residential properties, to divert recyclable materials from the landfill and reduce the need for new raw materials, and to meet waste reduction goals identified by both the city and the state of Iowa. (2) The City shall collect recycling from all single-family residences and at each unit of multi-family residences containing not more than four (4) units. The City may make recycling collection services available to other properties in the city. The City shall establish regulations and collection schedules that adequately serve the needs of the recycling collection program participants. (3) The cost for recycling service shall be billed to the party responsible for each property in accordance with the fee established in Appendix F of this Code. Any single-family residence or unit of a multi-family property containing not more than four (4) units shall be entitled to elect not to receive a receptacle for recyclable materials, but in no case shall the party responsible for such a residence be relieved of the obligations to: (a) prevent yard waste, recyclable materials, and garbage/refuse from being mixed with one another as described in Section 10.7; (b) pay the cost for the recycling service as described in this Section 10.27. (4) Nothing in this Section shall be construed to prevent the city from contracting with a private party to furnish recycling collection services, or to prevent private parties from contracting with multi-family residences containing more than four (4) units, commercial or industrial properties to receive recycling collection services. Section Two. Violation of the provisions of this ordinance shall constitute a municipal infraction punishable as set out by law. Section Three. All ordinances, or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict, if any. Section Four. This ordinance shall be in full force and effect from and after its passage and publication as required by law. Passed this 10 day of March, 2026 Renee Hall, City Clerk John A. Haila, Mayor March 13 2026 LIOW0476711