Council continues discussion on time limits for garbage cans

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SIDNEY — A slight matter of local controversy came before council to be discussed again on Monday night.

The discussion centered around regulating the placement of solid waste collection containers. Council discussed the problem last spring as it prepared to switch the city to an automated trash-pickup system. Residents were provided with special wheeled garbage containers. The automated system began in October, and since then, several council members have observed or have been contacted by residents about the containers remaining curbside or in front yards on an ongoing basis.

The current code fails to address where the containers must be stored, when they should be set out on the curb, and when they are to be removed from the curb after collection. Republic Services, the city’s trash hauler, suggested in literature given to residents that containers be removed within 24 hours.

Following discussion of this matter at the Jan. 25 council meeting, council directed the city staff to study how other cities deal with the problem.

Well Assistant City Manager/Public Works Director Gary Clough reported back what they found other cities require.

Some of the language that regulated the timing of the set out and bring in included: 

• Must be set out by 7 a.m. of pick up day but no earlier than 24 hours before scheduled pick-up. 

• Cannot be set our prior to noon the day before scheduled pick-up and removed by 6 p.m. of the scheduled pick-up day. 

• Cannot be set out before 6 p.m. the evening before pick-up day and must be removed within 24 hours of being picked-up.

The language regulating to where containers can be stored when not out for pick up include:

• Garbage containers, when not set out for pick-up shall be stored in an enclosed structure or behind the front building line. 

• Garbage containers shall not be visible from the street except on collection day. 

• Public Works Director can approve a variance to the standards based on hardship or topography.

There are some other questions that staff feels that council needs to consider before enacting any new ordinance language:

• What City department or departments will be responsible for the enforcement of these new laws? 

• Does that department(s) have the staff capacity to devote time to enforcement? 

• What will be the penalty for non-compliance with the new laws?

Clough also shared that three weekend surveys of the city showed between 350 and 400 garbage cans left at the curb and between 800 and 1,000 garbage cans left somewhere out of the city’s right-of-way but in front of the front set back of the house. Total solid waste customers in the city are 6,982 active accounts.

Councilman Edward Hamaker said he foresees the biggest problem being enforcement. Clough said in some of the communities they found that once residences are given a time-frame, their voluntary compliance rate goes up.

Hamaker said he thinks at some homes it is a problem, carrying those bins up 20 to 30 steps up to their residence. Clough said, some communities granted homes such as these variances based on hardship or topography.

Other council members agreed this was a good idea, but were still worried about the enforcement. Councilwoman Mardie Milligan wondered if it might be primarily complaint driven. Clough said for the first few weeks of the new regulations they might enforce the rules, but then rely on complaints from other residents. Milligan also pointed out how her residence is on a corner, so no matter where she’d put the bins you’d be able to see them from somewhere.

Mayor Michael Barhorst asked if most communities gave warnings first before giving fines. Clough said it varies, but most give at least one before fining residences who aren’t compliant.

Councilman Joe Ratterman suggested a sort of three-tiered system, 1. a warning; 2. a fine; 3. automatically enrolling them in the program where the trash collectors return the bins to the home.

Several council members liked this idea, but suggested issues with crossing on private property and pre-payment needed for this service.

City Manager Mark Cundiff said they would give the staff some time to write a few options up and see what other questions the council and community might have.

By Alexandra Newman

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