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 Municipal Compost Area and Yard Waste Disposal Site

6-91-1   Purpose

6-91-2   Definitions

6-91-3   General Rules

6-91-4   Yard Waste from Outside the City Prohibited

6-91-5   Permitted Materials for Disposal

6-91-6   Prohibited Material

6-91-7   Violation and Penalties

6-91-8   User Fees

6-91-9    Repealing Clause

6-91-10 Effective Date

Section 6-91-1    Purpose.   The purpose of this ordinance is to establish a Municipal Compost Area and Yard Waste Disposal Site and set guidelines for refuse deposited into the Municipal Compost Area located in Belle Plaine, Iowa.

Section 6-91-2    Definitions   The following words and phrases whenever used in this Ordinance, shall be construed as defined in this section unless, from the context, a different meaning is intended or unless a different meaning is specifically defined and more particularly directed to the use of such words or phrases.

1    “Yard Waste” All organic debris (e.g. grass clippings, leaves, tree limbs, bark, vines branches, flowers, garden plants, etc.) which are produced as part of the residential yard and garden development maintenance; this terms shall not include animal manure, animal wastes or bedding or crop residue, and construction lumber or materials.

2     “Discard” means to place, cause to be placed, throw or deposit or drop. (Code of Iowa §455B.361(2))

3     “Garbage” means all solid and semi-sold, putrescible animal and vegetable waste resulting from the handling, preparing, cooking, storing, serving and consuming of food or of material intended for use as food, and all offal, excluding useful industrial by-products, and includes all such substances from all public and provide establishments and from all residences. (IAC §567-100.2)

Section 6-91-3    General Rules of Operation: The Compost Area and Yard Waste Disposal Site operated by the City shall be designated as the official site for the disposal of yard waste produced or originating within the City, subject to the following:

1     It is unlawful to operate a motor vehicle within the Compost Area and Yard Waste Disposal Site at a speed in excess of 15 miles per hour.

2     It is unlawful to operate any all-terrain vehicles, snowmobiles or motorcycles within the Compost Area and Yard Waste Disposal Site.

3     All vehicles shall be operated on established roadways within the facility.

4     Yard waste disposed of within the facility shall be placed only at areas within the Compost Area and Yard Waste Disposal Site designated to accept yard waste.

5      The Compost Area and Yard Waste Disposal Site shall be available for disposal of yard waste or brush commencing at sun-up and ending at sun-down each day.

6      No logs greater than thirty-six (36) inches in diameter shall be deposited in the Compost Area and Yard Waste Disposal Site.

7     Any yard waste created during a major storm event shall be placed separately in the area designated.

Section 6-91-4     Yard Waste from Outside City Prohibited. It is unlawful for any person to dispose of yard waste or brush in the Compost Area and Yard Waste Disposal Site which did not originate or was not produced within the City limits, with the exception of the residences located outside of the City Limits that have an account for City Water as of the effective date of this ordinance.

Section 6-91-5      Permitted Material for Disposal. Only yard waste as defined in Section 6-92-2 (1) of this chapter and produced or originating with the City of Belle Plaine may be disposed of in the facility.

Section 6-91-6       Prohibited Material. It is unlawful to dispose of any garbage, paper, construction materials of any kind, stumps, rocks, plastic, metal or iron of any kind, appliances, furniture, tires, rims, oil filters, car or truck parts of any kind, animal feces, animal carcass, cans bottles, buckets, containers, any material from household, office, business, or garages, or any other material or substance which does not fall within the definition of yard waste as set forth herein.

Section 6-91-7     Violation and Penalty.    Anyone violating any of the provisions of this ordinance shall, upon conviction, be guilty of a misdemeanor and be subject to imprisonment not exceeding thirty days, and/or a fine not exceeding $100.00. The person shall be required to remove any unapproved materials deposited into the Compost Area and Yard Waste Disposal Site. In addition, the violator may be subject to civil penalties which shall include the costs of removing the material in violation of this section and the proper disposal thereof. The minimum civil penalty for a violation shall be $500.00 for the first offense and $1,000.00 for each subsequent offense.

Section 6-91-8   User Fees. User fees shall be established by resolution of the Council and shall be automatically adjusted on July 1st of each year in accordance with the Consumer Price Index or as special circumstance dictate.  The City Clerk shall annually, as part of the budget preparation, review the adequacy of the rates and make recommendation to the Council concerning the need for any changes.

All user fees shall be due on the due date shown on the water bill and may be considered a delinquent account if not paid by that date.

Section 4.        Repealing Clause.   All ordinances or parts of ordinances heretofore adopted by the City of Belle Plaine which are in conflict with any of the provisions of this ordinance are hereby expressly repealed.

Section 5.        Effective Date.     This ordinance shall be in full force and effect from and after passage and publication as required by statute.

Passed and approved this _______ day of December, 2010.

                                                                               James R. Daily, Mayor

Attest:   Kaye Buch, City Clerk



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