TITLE V:
PUBLIC ORDER, SAFETY, AND PUBLIC HEALTH
CHAPTER 5
LITTER AND YARD WASTE
5-5-1 Definitions
5-5-2 Littering Prohibited
5-5-3 Separation of Yard Waste
5-5-4 Violations
5-5-5 Enforcement
5-5-1 DEFINITIONS. For use in this Ordinance, the following terms are defined:
1. “Refuse” shall
mean any solid waster matter consisting of, but not limited to, garbage, junk
vehicles (or part thereof), machinery (or parts thereof), household trash,
yard trash, commercial trash, building materials, trees, rocks, etc.
2. "Hazardous
and Industrial Waste" means chemicals such as poison, acids and
caustics, infected materials, explosives, sewage sludge, and sludge and liquids
created by factories, processing plants, or other manufacturing enterprises.
3. "Litter"
means any refuse improperly discarded upon any public place within Lee
County.
4. "Commercial
Collector of Refuse" means a person or firm who hauls refuse for compensation.
5. The
"Board" shall mean the Lee County Board of Supervisors.
6. "Yard
Waste" shall mean debris such as grass clippings, leaves, garden waste,
brush and trees.
7. "Public
Place" shall mean any and all streets, sidewalks, alleys or other public
ways and any and all public spaces, grounds or buildings.
5-5-2 LITTERING PROHIBITED.
1. It shall be
unlawful for any person to scatter, place, or burn any refuse, or hazardous
and/or industrial wastes upon or along any public right-of-ways, stream, body
of water, or upon any other public place within Lee County unless permitted
by law.
2. No person or
firm shall haul, transport, or otherwise convey any refuse or hazardous or
industrial waste within Lee County unless the same is contained in covered
receptacles or is otherwise secured either to or within the vehicle so that
the said waste matter does not fall or blow off or out of
the vehicle hauling the same, with the following exceptions:
a. Construction debris,
sand, gravel or dirt may be hauled in a vehicle with an open, metal,
leak-proof box, provided that the box is designed to prevent spillage.
b. Tree limbs,
brush, leaves and lawn and garden trimmings may be hauled in a vehicle with
an open box, secured to prevent spillage.
5-5-3 SEPARATION OF YARD WASTES.
1. All yard waste
shall be separated by the owner or occupant from all other refuse accumulated
on the premises and shall be composted or disposed of by other methods as
approved by law and the Department of Natural Resources administrative
rules. If yard waste is to be set out
for collection by commercial collectors, it shall be placed in separate bags,
as regulated by County Ordinance, for separate collection from other refuse.
2. Yard waste may
be composted or otherwise disposed of on the property of the owner or
operator originating it. Land
application of yard waste must meet the requirements of Section 567, Chapter
121 of the Iowa Administrative Code and subject to State regulations.
Composting or direct land application of yard
waste shall not create a nuisance unless otherwise deemed a nuisance under
the Code of Iowa, Section 657.2, Code of Iowa, or any other nuisance sections
of the Code of Iowa.
5-5-4 VIOLATIONS. Anyone violating this Chapter
shall be guilty of a county infraction. For each violation a civil penalty of
not more than seven hundred fifty dollars ($750) for each violation, or if
the infraction is a repeat offense, a civil penalty not exceeding one
thousand dollars ($1000) for second offense, not more than one thousand
dollars ($1000) each repeat offense.
5-5-5 ENFORCEMENT. Enforcement of the Ordinance shall be by the Lee County
Sheriff’s Department, or any other peace officers.
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