Article 2. Solid Waste Collection


§4-201               SOLID WASTE COLLECTION; DEFINITIONS. For purposes of this Article, the following terms, phrases, words, and their derivations shall have the meaning given herein:

 

(1)        “ASHES” is the residue from the burning of wood, coal, coke, or other combustible materials;

(2)        “BOARD OF HEALTH” or “Board” is the Board of Health of the City of Henderson, Nebraska;

(3)        “GARBAGE” is rejected food wastes including waste accumulation of animal, fruit or vegetable matter used or intended for food or that attend the preparation, use, cooking, dealing in or storing of meat, fish, fowl, fruit or vegetables, and dead animals rejected by rendering plants;

(4)        “PERSON” is any person, firm, partnership, association, corporation, company or organization of any kind;

(5)        “REFUSE” is all putrescible and nonputrescible solid wastes (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, and solid market and industrial wastes;

(6)        “RUBBISH” is nonputrescible solid wastes (excluding ashes), consisting of both combustible and non-combustible wastes, such as paper, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery and similar materials.

(Ref 13-2020, 13-2023 RS Neb.)


§4-202               SOLID WASTE COLLECTION; PROHIBITIONS. (1) It shall be unlawful for any person or persons to keep in, on, or about any dwelling house, building or premises in the Municipality and within the corporate limits thereof, any decayed vegetable or animal substance, garbage, offal or refuse matter or any substance that may be injurious to the public health or offensive to the residents or in habitants of the vicinity unless the same is kept in proper receptacles under such specifications and regulations as proscribed by the Board of Health.

                          (2)        It shall be unlawful to throw or sweep in the streets, avenues, alleys, parks or public grounds of the Municipality any dirt, paper, nails, pieces of glass or board, fruit parings or skins, refuse, ashes, waste, rubbish, or garbage of any kind or to place such matter upon any sidewalk or street crossing or on any driveway or upon the floor, stairway or hallway of any public building, theater, railway depot, or railway platform in the Municipality. (Ref 13-2020, 13-2023, 18-1720 RS Neb.)


§4-203               SOLID WASTE COLLECTION; ACCUMULATION; REMOVAL. It shall be unlawful for any person to permit garbage, rubbish, waste or refuse to collect, as the same might affect the public health, and any person shall remove the same within twenty-four (24) hours after being notified to do so by the Chief of Police, who shall act in behalf of the Board of Health. All persons shall have the contents of their garbage receptacle or receptacles removed at least once per week. (Ref. 13-2020,13-2023, 18-1720 RS Neb.)


§4-204               SOLID WASTE COLLECTION; DEAD ANIMALS OR FOWLS; BURIAL. All dead animals or fowls shall be immediately removed and buried by the owner of such animals; and, if the owner of such animals cannot be found within two (2) hours after discovering the same, then, and in that event, said animals shall be removed and buried at the expense of the Municipality; dead animals shall not be buried within the corporate limits of the Municipality, nor within one (1) mile thereof, nor in or above the course of ground water within one (1) mile thereof, nor in or above the course of ground water that is used for drinking purposes by the inhabitants of the Municipality. (Ref 13-2020, 13-2023, 18-1720 RS Neb.)


§4-205                SOLID WASTE COLLECTION; PUBLIC GROUNDS; PROHIBITIONS. It shall be unlawful for any person to place garbage, rubbish, waste or dead animals or fowls or permit any of the above enumerated articles, which were his or hers or under his or her control, on any street, avenue, alley, park or other public ground without the permission of the Chief of Police. (Ref 13-2020, 13-2023, 18-1720 RS Neb.)


§4-206 SOLID WASTE COLLECTION; SERVICE PROVIDERS; LICENSE REQUIRED. No person, firm, partnership, corporation or association shall for hire or reward collect or transport any garbage, refuse, or commercial or industrial waste within the City of Henderson without first having obtained a license therefore as hereinafter provided. (Ref 13-2020, 13-2023 RS Neb.)


§4-207               SOLID WASTE COLLECTION; SERVICE PROVIDERS; LICENSE APPLICATION. Application for such license shall be made in writing to the Municipal Clerk and shall include the address from which such business shall be conducted and shall be signed by the owner of said business. The application shall state the make, model, and year, and license number for each motor vehicle to be used by the applicant hereunder. No license shall be granted until the applicant shall present a receipt for the fee, a certificate or policy of liability insurance, and a signed agreement as to conditions of said license, as hereinafter required to the Municipal Clerk. (Ref 13-2023 RS Neb.)


§4-208               SOLID WASTE COLLECTION; SERVICE PROVIDERS; LICENSE FEE. Every person who shall for hire or reward engage in the business of collecting or transporting garbage, refuse, or commercial or industrial waste or shall offer such service to the public in the City of Henderson shall pay a license fee of one hundred dollars ($100.00) per year or any fractional part thereof. The license year shall commence on January 1st and end on December 31st of each year. No license issued pursuant to this Article shall be transferable. (Ref 13-2020, 13-2023 RS Neb.)


§4-209               SOLID WASTE COLLECTION; SERVICE PROVIDERS; LICENSE APPROVAL. Upon filing with the Municipal Clerk of such application, together with the receipt showing a payment of the license fee as provided for, the said application shall be considered by the Municipal Clerk. If the application complies with this Article, all required fees have been paid and it does not appear that any City ordinance or State law will be violated by the operation, the Municipal Clerk shall issue the license. (Ref 13-2020, 13-2023 RS Neb.)


§4-210               SOLID WASTE COLLECTION; SERVICE PROVIDERS; LICENSE; COPIES. The Municipal Clerk shall provide a copy of the license for each truck to be used. A copy shall be carried in each truck and securely fastened in a conspicuous place so as to be readily seen at all times.(Ref 13-2020, 13-2023 RS Neb.)


§4-211   SOLID WASTE COLLECTION; SERVICE PROVIDERS; LICENSE; CONDITIONS. It shall be unlawful to operate a vehicle hereunder or permit the same to be operated within the City of Henderson unless the license holder complies with the following conditions:

 

(1)        Deposit with the Municipal Clerk a policy or a certificate of liability insurance covering all vehicles of all kinds used hereunder. Said policy to be issued by an insurance company licensed to do business in the State of Nebraska in the minimum amount of $500,000.00;

(2)        No vehicle of hauler shall operate within the City of Henderson to collect or transport garbage or waste other than between the hours of six o̓clock (6:00) a.m. to eight o̓clock (8:00) p.m., Monday through Saturday;

(3)        All Federal, State and local regulations for collecting, dumping, recycling, waste recovery and reduction of waste shall be complied with;

(4)        All non-hazardous solid waste collected within the Municipality by any hauling service, licensed or unlicensed, for landfill disposal within the State of Nebraska, shall be delivered only to the transfer station designated by the City of Henderson pursuant to resolution adopted by the Governing Body;

(5)        The hauler shall keep waste volume records that will be made available for the Municipality to inspect upon demand by the Municipality;

(6)        No vehicle or hauler shall travel in or through an alley within the City of Henderson to collect or transport garbage or waste. (Ref 13-2020, 13-2023 RS Neb.)


§4-212               SOLID WASTE COLLECTION; SERVICE PROVIDERS; LICENSE; SUSPENSION OR REVOCATION. Licenses granted under this Article may be suspended or revoked at any time by the City Council for any violation of this Article. No license shall be revoked without an opportunity for a hearing. (Ref 13-2020, 13-2023 RS Neb.)


§4-213               SOLID WASTE COLLECTION; PENALTY. Any person, firm, or corporation violating any provision of this Article shall be guilty of an offense and shall be fined not less than five dollars ($5.00) nor more than five hundred dollars ($500.00) for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. (Ref 13-2020. 13-2023 RS Neb.)