ORDINANCE

[To Amend City of Prattville Code of Ordinances Chapter 66 – Utilities, Article IV. – Solid Waste, Divisions 1, 2 and 3 and Establish Division 4.]

BE IT ORDAINED by the City Council of the City of Prattville, that Chapter 66 – Utilities, Article IV. – Solid Waste, Divisions 1, 2 and 3, Sections 66-387 through 66-495, City of Prattville Code of Ordinances is hereby amended as follows:

DIVISION 1. – GENERALLY

Sec. 66-387. – Definitions.
The following words, terms and phrases when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Approved container means any watertight receptacle or container approved by the City and equipped with a tight-fitting lid or cover with one or more handles by which the same may conveniently be lifted or moved. The approved container shall be suitable for pickup and dumping by hydraulic lift or hoist.
Bulk waste means large appliances, mattresses, furniture, bicycles, do-it-yourself construction debris, or other bulky items.
Collection day means the day or days during Monday through Friday of each week which the City has designated as the day for curbside collection of garbage or trash in a particular area of the City.
Curbside means the area in front of the premises immediately behind the curb or street; and where there is no curb or gutter, that area in front of the premises nearest and most convenient to the traveled portion of the street, the use of which will not block, hinder or obstruct, vehicular or other traffic lawfully using the street or in another location as otherwise specified by the Sanitation Director. Where alleys provide access suitable for garbage pickup, the words “curbside” shall also mean the area in the rear of the premises most convenient to the traveled portion of the alley, the use of which will not block, hinder, or obstruct vehicular travel or other traffic lawfully using the alley.
Garbage means all household waste including discarded food, animal and vegetable matter, and small debris.
Occupant means any person, firm, or corporation who, as owner, tenant, occupant, or agent of either, resides upon or makes use of any premises within the City; the person who has obligated themselves for utility charges, until released by the City.
Premises means any dwelling, residence, flat, rooming house, apartment house, hospital, school, hotel, club, restaurant, boardinghouse, eating place, shop, church, place of business, manufacturing establishment, courthouse, jail, City hall, post office or other public building.
Rubbish means all nonputrescible solid wastes, consisting of both combustible and noncombustible wastes, such as paper, cardboard, glass, crockery, excelsior, cloth, and similar materials.
Sanitary landfill means a controlled area of land upon which solid waste is deposited.
Trash means all trash including yard debris and bulk waste. Yard debris and bulk waste should be placed in two separate piles
Yard debris means tree or shrubbery leaves, trimmings, limbs, straw, and grass clippings.
Sec. 66-388. – Unauthorized removal of garbage, trash, or other like material from approved container or bag.
It shall be unlawful for any person to remove any garbage, trash, or other like material from any approved bag, container, or along any curbside after it has been placed therein, except under the orders of an officer, agent, or employee of the Sanitation Department or by some other person removing the same for disposal.
Secs. 66-389—66-418. – Reserved.

DIVISION 2. – MUNICIPAL COLLECTION AND DISPOSAL SERVICE

Sec. 66-419. – Collection, hauling, and disposal of service established; collection frequency generally.
There is hereby established in the City a garbage and trash collection, hauling and disposal service to be operated by the Sanitation Department or a designee of the City. The collection, hauling, and disposal of garbage and trash shall be performed by the Sanitation Department no less frequently than once per week for both garbage and trash in residential areas unless otherwise specified herein, and once a week in all business areas. The schedule is subject to change due to legal holidays or weather conditions.
Sec. 66-420. – Collection and disposal service in areas designated to use an approved container.
Garbage pickup at residences located in the City and designated to use an approved container, shall be provided garbage service under the following provisions:
(1) Each residence covered by this section shall be required to place all garbage in the container provided or approved by the City for collection. Such containers must be behind the curb or street. In the case where there is no curb, street, or gutter, container shall be placed in an area in front of the premises nearest and most convenient to the traveled portion of the street, and the use of which will not block, hinder or obstruct, vehicular or other traffic lawfully using the street or in another location as specified by the Sanitation Director. Where alleys provide access suitable for garbage pickup, the words “curbside” shall also mean the area in the rear of the premises most convenient to the traveled portion of the alley, the use of which will not block, hinder, or obstruct vehicular travel or other traffic lawfully using the alley.
(2) No collection personnel shall enter any premises for the collection of garbage. Only garbage, as defined by this article, shall be placed in such container.
(3) Containers may be placed for pickup only on the day scheduled for pickup and containers must be in place by 7:00 a.m. All containers must be removed from the street by the end of the scheduled pickup day. (Missed pickups due to containers not being placed on time will incur a fee to reschedule the pickup.)
(4) Any occupant who is a full-time resident and who is disabled to the extent of being unable to move the approved container to the curb and who obtains a physician’s certificate as to this disability shall not be required to place the container at the curb. The physician’s certificate shall be mailed to the Sanitation Director for appropriate notification of the pickup crews.
(5) Garbage at residences covered under this section shall be scheduled for pickup one day each week.
(6) The City shall provide each such residence one container at no cost. Containers that are unserviceable due to age or normal wear and tear shall be replaced by the City. Residents shall be charged for containers otherwise damaged.
(7) Residents may purchase an additional container from the City and shall be charged for the price of the container. Any such container shall be the personal property of the resident.
(8) Any resident placing two containers for pickup shall be charged an additional $10.00 per month for such additional pickup.
(9) Residences subject to this section shall pay the monthly fee for residential garbage and trash collection as set by the City. Where possible, such billing shall be provided by the waterworks serving such residences, otherwise, such residences shall be billed directly by the City.
Sec. 66-421. – Trash and brush collection.
(a) All trash shall be behind the curb or street as defined in Section 66-387.
(b)Trash described as yard debris in Section 66-387 shall be containerized in tightly sealed bags or cardboard boxes, each not exceeding 50 pounds in weight and placed behind the curb or street.
(c) It shall be unlawful to put trash described as yard debris in Section 66-387 in any street. All limbs must be shorter than four feet in length and be placed with all tops facing the same direction, in a neat pile near the curb or street. Tree or shrubbery leaves, straw, and grass clippings shall be kept separate from limbs and other bulk waste as defined in Section 66-387.
(d) All empty boxes shall be broken down and stacked in an orderly fashion before collection by the Sanitation Department.
(e) Trash as defined in Section 66-387 shall be collected Monday through Friday of each week on a day which the City has designated as the day for curbside trash collection in a particular area of the City.
(f) When the amount of trash as defined in Section 66-387 contains yard debris that would exceed one-fourth of a trailer load, approximately five cubic yards or more, or any bulk waste, it requires a special collection. The resident shall call the Sanitation Department to schedule the special collection pick up. For bulk waste, there will be a collection charge based on the current rate of disposal. This rate will be determined annually by the Sanitation Director. Where the quantity hauled is less than a truckload, the collection charge will be prorated.
Sec. 66-422. – Dumping garbage or trash in sanitary landfill.
It shall be unlawful for any person to dump or cause to be dumped any garbage or trash upon any property other than a sanitary landfill, as defined in Section 66-387, or the recycling center.
Sec. 66-423. – Proximity of garbage containers to buildings.
Every approved garbage container used for the storage of garbage and trash as defined by Section 66-387 shall be unattached to any building and not less than ten feet from any combustible building.
Sec. 66-424. – Placement of garbage containers by business establishments.
All approved containers placed for collection by the Sanitation Department from business establishments shall be placed as in a location determined by the Sanitation Department on the day and between the hours designated by such department.
Sec. 66-425. – Containers required for disposal of garbage and trash; private commercial removal; placing at curb.
(a) It shall be the duty of every person in possession, charge or control of any premises where garbage or other nonputrescible waste is created or accumulated to, at all times, keep or cause to be kept a sufficient number of approved containers for deposit therein of garbage to prevent the spreading or scattering of such garbage upon such premises.
(b) It shall be the duty of every person in possession, charge or control of any premises where garbage is created or accumulated, and, in case of multiple dwellings or multiple business occupancy, the owner of such premises, to at all times keep or cause to be kept a sufficient number of approved garbage containers for the deposit of garbage to prevent the spreading or scattering of such garbage upon such premises.
(c) Containers meeting the requirements and specifications as indicated in subsection (a) of this section and other containers larger than six cubic yards in capacity, conforming to the specifications as approved by the Sanitation Director, may be serviced private contractors having a current City of Prattville business license to render such service to commercial establishments.
(d) Private solid waste disposal businesses shall only service commercial establishments or multi business, multi dwelling, or apartment complexes that elect consolidated collection in lieu of individual residential collection.
Sec. 66-426. – Maintenance of access, obstacles, and free of hazards.
Where commercial collections are made from private alleys and access ways, the owners and operators of such commercial establishments shall maintain the approaches as to prevent hazards and obstacles to Sanitation personnel or equipment. Failure to comply with this provision after notification by the Sanitation Department will cause service to be discontinued until hazards or obstacles are removed.
Sec. 66-427. – Removal of dead animals, animal wastes.
(a) Dead animals of not more than 50 pounds in weight will be picked up by the dead animal crews during normal business hours. All animals over 50 pounds must be removed within 12 hours by the owner. It shall be unlawful for any person to throw or put any dead animal into the streets, lanes, alleys, parkways, or rights-of-way.
(b) It shall be the duty of those places of business which treat, handle, keep, or dispose of animals to remove all dead animals from their premises to a sanitary landfill under the same regulations as apply in subsection (a) of this section.
(c) Animal wastes to be removed by the Sanitation Department must be placed by the curb in sealed airtight bags.
Sec. 66-428. – Schedule of service.
For services to be rendered monthly, and on the first day of each month and continuing monthly thereafter, the following charges shall be paid to the City by every household for the collection, hauling, and depositing of garbage and trash:
(1) Residential charges:
a. $21.00 per month, effective October 1, 2021 for the first container.
b. There will be an additional $10.00 charge per month, for any occupant placing two City-issued containers on the curb or street. (Second container initial fee to be determined by the Sanitation Director annually.)
(2) Business establishment charges:
a. $21.00 per month effective October 1, 2021 for each container.
b. Business establishments requiring bulk collection of containers, crates, baskets, etc., that would exceed one-fourth of a trailer load, approximately five cubic yards or more, or any bulk waste requires a special collection. The business shall call the Sanitation Department to schedule the special collection pick up to be charge based on the current rate of disposal. This rate will be determined annually by the Sanitation Director. Where the quantity hauled is less than a truckload, the collection charge will be prorated.
c. $150.00 per month for each 8-yard cardboard recycling dumpster for private business use.
Sec. 66-429. – Billing procedure; exemption.
(a) Payment of the charge for garbage and trash service, as provided in this article, shall be made to the Waterworks Board. Statements for garbage and trash service will be mailed by the Waterworks Board with its regular billing for water service. Such bills shall be due and payable during the month such service is rendered. The Waterworks Board shall not exempt payment of any utility bill unless the charge imposed by this article is also paid. Delinquency in payment of such charge may result in the termination of garbage and trash service.
(b) Any person in whose name a water or gas meter is listed or registered, and whose sole source of income is Social Security benefits may apply for an exemption, from the payment of any fees, for one trash container, provided the household seeking to claim the exemption shall present proof of income to the County Health Officer no later than the first billing date of any calendar year in which the exemption is desired. The exemption shall apply only so long as the household’s sole source of income is Social Security and shall be requested each year in which the exemption is desired.
(c) Any person in whose name a water meter or gas meter is listed or registered, who shall state in writing and under oath that such person is over the age of 65 and is on a fixed income, which is defined as living solely on Social Security benefits, disability benefits included, and in proceeds from retirement benefits, and who is not gainfully employed, shall be granted a $2.00 discount from the prevailing fees for garbage handling and pickup service.
Secs. 66-430—66-458. – Reserved.

DIVISION 3. – DISPOSAL OF ITEMS NOT COLLECTABLE BY CITY
The Sanitation Department can schedule special collection pickups and charge based on the current commercial rate of disposal for contractors. This rate will be determined annually by the Sanitation Director. Where the quantity hauled is less than a truckload, the collection charge will be prorated.

Sec. 66-459. – Items designated; contractors.
Building debris, such as scrap lumber, plaster, roofing, concrete, brickbats, and sanding dust, resulting from the construction, repair, remodeling, removal, or demolition of any building or appurtenances on private property, dirt, stumps, and tree trunks will not be collected by the Sanitation Department, but the owner shall cause such waste to be privately moved.
Sec. 66-460. – Responsibility of property owner or contractor for debris caused by construction of new building.
The City shall not be responsible for the collection and hauling of rubbish, building materials, garbage, trash, or other debris from private property to, during, or subsequent to construction of new buildings of whatever type prior to occupancy. Such material shall be removed by the owner of such property or the contractor responsible for accumulation of the same.
Sec. 66-461. – Fence companies, tree surgeons, and nurseries, to remove debris after completing work on private premises.
(a) It shall be the responsibility of all licensed fence companies, tree surgeons, nurseries, or similar businesses doing work on private property to remove from premises all residue and debris resulting from such work
(b) Bagged grass clippings, pine straw, tree and shrubbery leaves from routine weekly maintenance of property shall be exempt from this section.
Sec. 66-462. – Required license; equipment; compliance.
Private contractors must obtain a City of Prattville business license on an annual basis as defined in Chapter 38, Article V, Business License and Taxes. The license will only be issued to contractors having the proper type of equipment for commercial collection. Such license will authorize the contractor to salvage, collect, haul, and dispose of garbage, rubbish, trash, and other such substances as defined by this article, within the Corporate Limits of the City. The contractor shall be in compliance with Code Ala. 1975, Title 22, Ch. 27, Art. 1 (Code of Ala. 1975, 22-27-1 et seq.)
Secs. 66-463—66-495. – Reserved.

BE IT FURTHER ORDAINED by the City Council that Chapter 66, Utilities, Article IV. – Solid Waste Code of Ordinances is hereby amended to establish the following:

DIVISION 4. – PENALTIES AND REMEDIES

Sec. 66-496. – Penalty for Violation.
The Director or designee charged with the enforcement of this ordinance shall have the authority to assess the following schedule of fines upon violation:
First Violation: A fine of $100.00 may be assessed after a first violation of this Ordinance.
Second Violation: A fine of $200.00 may be assessed after a second violation of this Ordinance.
Third or Subsequent Violation: For a third or subsequent violation of this Ordinance, occurring following thirty days after the finding of a second violation, a fine of $500.00 may be assessed and the matter may be adjudicated through the municipal court, wherein additional fines and/or penalties may be imposed upon conviction.
If after a ninety-day period, all violations of this Ordinance have been rectified and no additional violations have occurred during the ninety-day period, then any further violations of this Ordinance will be assessed as a first violation.
Each day that a violation continues shall constitute a separate and distinct violation or offense.

THIS Ordinance shall become effective upon its passage and execution as provided by law.

ADOPTED THIS 1ST DAY OF OCTOBER, 2024.
By: Lora Lee Boone, President
Prattville City Council

AUTHENTICATED THIS 1ST DAY OF OCTOBER, 2024.
By: Paula G. Barlow
City Clerk

APPROVED:
By: Bill Gillespie, Jr.
Mayor

ORDINANCE BOOK 2024, PAGE 019