§ 130-37. Removal of residential garbage and recyclable materials from single-family dwellings.

(a)

Generally . No collection of garbage, recyclable materials, or other refuse matter shall be made by the department of public works from any residence where the refuse matter is the result of:

(1)

Business or manufacturing in which the occupant may be engaged;

(2)

A lot that has been cleaned for the erection of a building; or

(3)

Material that is the result of repairs or rebuilding by a contractor or any admixture that contains construction and demolition wastes; and

(4)

Yard trimmings may be stored in containers on the premises and set out for separate curbside collection, subject to the provisions of section 130-36 of this Code, but shall not be mixed with or in the containers designated for garbage or recyclable materials.

(b)

Collection containers for garbage and recyclable materials.

(1)

Required . Any and all garbage or recyclable materials generated within or upon any single-family residential premises in the city shall be separated and placed in the appropriately designated collection containers supplied by the city or as otherwise authorized by this section. Garbage shall be bagged and shall be placed only in containers designated for the disposal of garbage and recyclable materials shall be placed only in containers designated for recycling loose and not bagged. All garbage and recyclable materials shall be stored in such containers on the premises where generated until disposed of in accordance with the provisions of this section and this chapter.

(2)

Ownership . Ownership of the containers will be retained by the city, and the containers shall not be removed from the residence to which they are assigned.

(3)

Reasonable care . All persons shall use reasonable care in the handling of the containers supplied by the City of Atlanta and shall be responsible for the repair or replacement of containers the damage or destroy through their own negligence. The City of Atlanta shall be responsible for ordinary wear and tear. Any residential container provided by the city that becomes lost or stolen shall be replaced by the city.

(4)

Identification . Where one or more family occupies a dwelling, the collection containers shall be marked to indicate the family using the particular collection container. The collection containers may be identified by putting the dwelling number thereon having control of the disposal of the garbage and recycling in the household. When containers are so identified, the container may be used only by the identification thereon.

(5)

General requirements .

a.

All collection containers used in the city shall be non-absorbent, water-tight, durable, easily cleanable, and designed for safe handling. In any case where the provisions of this section permit the storage of garbage in plastic bags, the bags shall have sufficient size and strength to hold the garbage and shall be designed for the containment of solid waste.

b.

Except when garbage or recyclable materials is being placed into or removed from the container, the garbage and recyclable materials generator shall keep every collection container closed or sealed to prevent leakage from the container of any garbage, recyclable materials, or other solid waste or of any offensive vapors, gases or odors.

c.

The garbage and recyclable materials generator shall not cause or permit any garbage or recyclable materials container to be filled in any manner that causes or allows contents to overflow from the container. Containers shall not be overfilled in a manner that prevents closure of a lid or allows spillage of contents. If a lid cannot be closed, the material will be collected at a fee established under section 130-84, Rates and charges. If an overfilled bin is set out for pick up more than four times within a 12-month period, resident will be provided with an additional refuse bin at an annual service fee established under section 130-84, Rates and charges.

d.

The garbage and recyclable materials generator shall not mix garbage or recyclable materials, or deposit residential garbage or recyclable materials in a container it is not designated for.

e.

The garbage and recyclable materials generator shall keep the collection containers clean and sanitary, shall treat the containers in such manner and to such extent and with such substance as may be necessary to repel and keep away flies and rodents, and shall keep the containers odor-proof. Garbage shall be bagged before deposited in garbage containers. Recyclable materials shall not be bagged when deposited in recycling containers.

f.

The garbage and recyclable materials generator shall not cause or permit garbage or recyclable materials to be so compacted or otherwise placed, kept or accumulated in any collection container in a manner that does not allow the contents of the container to fall out, by their own weight, upon the container being lifted and turned upside down.

(6)

Location . Collection containers provided to residences as provided in subsection (b)(1) of this section shall be placed in the area between the sidewalk and curb or in an accessible place approved by the commissioner, which shall be no more than ten feet from the curb. Containers not located within this area will be considered as "not set out" and the city will not be required to collect.

a.

No person shall place any garbage or recyclable materials container in any place or in any manner such that the container impedes normal vehicular traffic, public transportation, or pedestrian or wheelchair access to public rights-of-way.

b.

Containers shall not be placed at the curbside before 7:00 p.m. on the day preceding the collection day and shall be removed from the curbside before 9:00 a.m. the day following the collection day.

c.

Exceptions to this subsection may be granted by the commissioner or authorized designee for persons with physical limitations that prevent placement of the collection containers at the curb, provided these persons submit a written request for the collection.

d.

The department of public works will collect bagged extra garbage placed outside of the enclosed, city-provided container. Any bagged, extra garbage must be placed within a 32-gallon or smaller plastic bags. If bags are set out more than four times within a 12-month period, resident will be provided with an additional bin at no charge but will be subject to an additional annual service fee established under section 130-84, Rates and charges.

e.

Extra recyclable materials shall not be placed for collection in plastic bags of any kind, but may be placed in reusable containers not larger than 32 gallons or 35 pounds in weight in a linear area not to extend beyond a total often feet and four feet wide.

(7)

Contamination of recyclable material . Inspections will be conducted at random on recyclable materials containers through the "tag" program. The city will randomly select a route to inspect. Inspectors will be looking inside the recyclable material containers for contaminates that will limit the ability to market recyclables, such as food, diapers, and household trash, that are not acceptable inside the container. The containers will be emptied if the contamination visual inspection determines that contaminants do not represent a significant risk or detriment to the collection and processing of material. If contaminants are determined to represent significant risk or detriment, the container will be "tagged" and will not be emptied. After a container has been "tagged" three times, the customer will be charged the rates as set forth in section 130-84.

(8)

Time of collection . The commissioner of public works or authorized designee shall provide a schedule to each residence receiving garbage, recyclable materials and yard trimmings collection services from the city that shall indicate the days on which collection will be made.

(c)

Back yard collection service .

(1)

Application . Within the month of December of each year, citizens may make written application to receive back yard garbage and recycling removal service to commence in the first week of the month succeeding that in which application is made. Individual citizens may arrange for this back yard garbage and recycling removal service by making written application to:

Office of Solid Waste Services

55 Trinity Avenue

Suite 4800

Atlanta, Georgia 30303

(2)

Payment . Any application for back yard garbage and recycling removal service shall be accompanied with the payment in conformity with section 130-84(d) which shall cover the cost of such service to be rendered for a one-year period until the following December 30.

(3)

Exception . All persons having physical limitations which prevent placement of garbage and recyclable materials containers at the curb are entitled to receive back yard garbage and recycling collection service without charge, provided the following requirements are met:

a.

Age only criteria. Any residence where there are no persons between the ages of 12 and 70 capable of placing garbage or recycling at the curbside.

b.

Physical condition criteria. Each person between the ages of 12 and 70 at a residence not capable of placing garbage or recycling at the curbside must present a certificate from a physician licensed to practice medicine by the State of Georgia stating that such person is physically incapable of placing garbage or recycling at the curbside.

(4)

Waiver of fee . Those persons qualifying under subsection (c)(3) of this section will not be required to pay the fee otherwise required for back yard garbage and recycling collection.

(5)

Recertification . Annually, all persons qualifying for back yard garbage and recycling collection service under subsection (c)(3) of this section must be recertified as to physical condition preventing the placing of garbage or recycling at the curbside.

(d)

Dangerous accumulation prohibited . No person shall keep or accumulate, or permit to be kept or accumulated, any solid waste in or upon any premises or location in the city owned, leased or rented by such person or in such person's possession or control, in such manner that:

(1)

Creates a fire hazard dangerous to person or property;

(2)

Becomes unreasonably offensive or dangerous to the public peace, health or safety;

(3)

Promotes the propagation, harborage, or attraction of rodents, vermin or pests; or

(4)

Becomes a public or private nuisance.

(e)

Improper placement of garbage or other non-recyclable materials in recycling receptacles and containers. It shall be unlawful for any owner or agent of the owner of any single family residential property to improperly place or allow any tenant to improperly place contaminating materials, such as garbage, debris or other solid waste that is not recyclable in collection receptacles and containers designated for recycling collection by the city.

(Ord. No. 2004-06, § 1, 1-12-04; Ord. No. 2007-56(07-O-1899), § 18, 9-24-07; Ord. No. 2015-08(15-O-1045), § 4, 2-26-15 ; Ord. No. 2016-24(16-O-1382) , § 1, 7-27-16; Ord. No. 2018-40(18-O-1514), § 1, 9-13-18 ; Ord. No. 2018-52(18-O-1300), § 6, 11-14-18 )