Chapter 50: Solid Waste Management

Code of Ordinances for the City of Wayne, Nebraska

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Chapter 50: Solid Waste Management

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Solid Waste Collectors, see Ch. 112

50.01 Trash and Waste

It shall be unlawful for any person to keep in, on or about any dwelling, building or premises, or any other place in the city, decayed vegetable or animal substance, garbage or refuse matter of any kind that may be injurious to the public health or offensive to the residents of the city unless it is kept in containers not exceeding a 35-gallon capacity, unless they are a dumpster that can be mechanically lifted and dumped by a truck for single-family dwellings and as nearly air-tight as may be practical. Owners of duplexes, apartments and mobile home courts may provide roll-off dumpsters with lids for use by multiple families in lieu of individual trash cans. It shall be unlawful to throw or sweep into the streets, alleys, parks or other public grounds any paper, nails, pieces of glass, refuse, waste or rubbish of any kind. No person may permit garbage, rubbish, waste or refuse to collect; and all persons shall remove such materials from their property within 24 hours after being notified to do so by the Police Chief or his or her designee, who shall represent the Board of Health. Any person having garbage, rubbish, waste or refuse that is subject to decay or fermentation within a short period of time shall be required to place it in a standard garbage can with a tight cover, or a durable plastic container that is securely tied at its opening. All persons shall have the contents of their garbage cans removed at least once per week; provided, garbage shall be removed more often at such times as the Council or the Board of Health shall determine.

(2002 Code, § 66-2) (Ord. 2005-20, passed 8-9-2005) Penalty, see § 50.99

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50.02 Containers

Every householder or occupant of any dwelling, house or other building used for the housing of persons, and the owner, keeper or manager of every hotel, restaurant, store, wholesale business and retail business, or other place where garbage accumulates in the city, shall provide one or more suitable plastic or metal garbage containers, including roll-off dumpsters, which shall have a close-fitting lid and which shall be placed on the premises owned or occupied by that person at a place that can be easily reached by the garbage collector; provided, the garbage container shall be kept in locations most accessible to the collector and never upon the street or sidewalk; and all such containers, where not easily accessible, shall be delivered promptly to the collector when called for. Only roll-off dumpsters may be used for the reception of garbage by more than one family, household, apartment, mobile home park, hotel, restaurant, store, wholesale or retail business. All garbage created by or upon the premises occupied by such persons shall be deposited in garbage containers which shall be kept tightly covered at all times. Garbage shall be removed under such rules and regulations as provided in this code.

(2002 Code, § 66-3) (Ord. 2005-20, passed 8-9-2005) Penalty, see § 50.99

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50.03 Additional Containers

The Board of Health or its designee shall have authority to require the owners, managers or renters of restaurants, hotels, meat markets, stores, retail business and other places where garbage accumulates in quantities to furnish a sufficient number of garbage containers to take care of such accumulations. The Board or its designee may also require that such receptacles be removed in any of the ways contemplated by this code and as often as necessary.

(2002 Code, § 66-4) (Ord. 2005-20, passed 8-9-2005) Penalty, see § 50.99

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50.04 Disposal

(A) All solid waste generated within the corporate limits of the city shall be deposited at the solid waste transfer station, or as otherwise designated by the Council. Solid waste may be disposed of by removing it to the solid waste transfer station.Any other method of disposal other than set forth in the ordinances of the city is prohibited.

(B) No person shall dispose of any such material by burning within the corporate limits of the city, except in an approved incinerator within the person's residence or business building; however, if such provision as to burning works a hardship on any person or business, the Council may grant a special permit for such burning and control such burning by the terms of such permit.

(C) Nothing in this section shall prevent the use of outdoor cookstoves when used for the purpose of cooking.

(2002 Code, § 66-5; Ord. 2018-17, passed 7-3-2018) Penalty, see § 50.99

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50.05 Dead Animals

All dead animals shall be immediately removed and disposed of by the owner of such animals; and, if the owner of such animal cannot be found after discovering the animal, such animal shall be removed by the city at the expense of the owner.

(2002 Code, § 66-10) Penalty, see § 50.99

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50.06 Grass, Leaves and Burnable Wood Disposal

The grass, leaves and burnable wood, collected by licensed Class A collectors, may be disposed of by the Class A collectors at other locations other than the solid waste transfer station; however, if the grass, leaves and burnable wood are disposed of within the zoning jurisdiction of the city, such disposal site shall be designated and approved by the Council.

(2002 Code, § 66-11)
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50.07 Garbage and Refuse Collection Authority

(A) The Council may provide for the collection and removal of garbage or refuse found upon any lot or land within its corporate streets, roads, alleys or rights-of-way abutting such lot or land which constitutes a public nuisance.

(B) The city may require the owner, duly authorized agent or tenant of such lot or land to remove the garbage or refuse from such lot or land and streets, roads, alleys or rights-of-way.

(2002 Code, § 66-12)
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50.99 Penalty

(A) The City Administrator shall be responsible for the administration of §§ 50.01 through 50.04 of this chapter and shall designate such officials and employees as he or she deems necessary to assist in carrying out the provisions in §§ 50.01 through 50.04 of this chapter. Any person violating the provisions of §§ 50.01 through 50.04 of this chapter or who shall obstruct, hinder or otherwise prevent any authorized city official or employee in the performance of his or her duties under §§ 50.01 through 50.04 of this chapter shall be guilty of a misdemeanor and, upon conviction, shall be punished as provided in § 10.99 of this code.

(2002 Code, § 66-9)

(B) Failure to obey any order or regulation in connection with the administration or enforcement of the provisions of this chapter, as per § 50.03 of this chapter, shall be construed as a violation of this chapter and shall subject the owner, manager or renter to a fine of $100 for a first offense, $250 for a second offense and $500 for a third and subsequent offense.

(2002 Code, § 66-4)

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