City Code Chapter 41
Bulk Waste Refuse.
Sec. 41-1. Violations of chapter; penalties.
Unless otherwise provided, a violation of any provision of this chapter shall constitute a Class 3 misdemeanor. Each day's continuance of the violation shall constitute a separate offense. In addition to any penalties imposed for a violation of this chapter, upon conviction the court shall require that the violation be corrected. Any person who violates any provision of this chapter or regulation adopted shall also be liable for all damage, loss, cost and expense suffered or incurred by the city as a resultof the violation. Three (3) or more violations within twelve (12) months by the same person shall constitute a Class 2 misdemeanor.
(Ord. No. 39,971, § 2, 5-23-00)
Sec. 41-2. Enforcement.
Any waste management inspector, law enforcement officer, fire marshal or any of his assistants, or city special police officer, is authorized and shall have authority to enforce all provisions of this chapter.
(Ord. No. 39,971, § 2, 5-23-00)
Sec. 41-3. Definitions..
Generally, for the purposes of this chapter, certain words and phrases shall have the meanings ascribed to them by this section:
(a)	Automated collection container means a container of not more than one hundred (100) gallons content provided by the department of public works for city collection.
(b)	Bulk truckload is a volume that can be contained in city vehicles designated for bulk waste collections, approximately nine (9) cubic yards.
(c)	Bulk container. means any receptacle with a capacity over one hundred (100) gallons which is made of metal or other acceptable material, is of durable and rigid construction, is capable of being transported as a unit intact, is capable of unloading by mechanical equipment without spillage, and which meets the following tip resistance requirements when empty with the doors or covers in the most adverse position to effect tipping: the refuse container shall be tested on a level surface with the wheels chocked in the most adverse position to effect tipping. The refuse bin shall not tip when a separately applied horizontal force of seventy (70) pounds is applied at a point and in a direction most likely to cause tipping, and when a separately applied vertical downward force of one hundred ninety-one (191) pounds is applied at a point most likely to cause tipping.
(d)	Bulk waste means appliances, furniture, automobile parts, tires, bedding material, mechanical equipment, mechanical parts, carpeting and other items too large to fit into a collection container, excluding yard waste, structural waste, and hazardous waste.
(e)	Business shall mean any nonresidential generator of solid waste and any company, business or other party which collects, transports, processes, manages or recycles solid waste.
(f)	Collection site means any alleyway, curbside, street, sidewalk or other authorized place of deposit for collection.
(g)	Commercial waste means all solid waste from any retail, wholesale or commercial establishment not excluding industrial waste, hazardous waste, yard waste, and structural waste.
(h)	Container means a receptacle for solid waste which meets one of the descriptions specified in this chapter for specific types of containers.
(i)	Curbside means solid waste placed in a public right-of-way for collection by the city provided the solid waste does not impede or impact pedestrian or motor vehicle traffic.
(j)	Disposable container means any moisture proof plastic (polyethylene, propylene), metallic or paper bag.
(k)	Disposal site means any place where solid waste may legally be deposited or disposed of and which meets the requirements of all applicable federal, state and local laws and regulations.
(l)	Duplex means a residence whose use is limited to one to two families or households.
(m)	Hazardous waste means pesticides, poisons, caustics, acids, infectious materials, explosives, corrosives, combustibles, flammable materials, petroleum products, compressed gases, biological and chemical materials, radioactive materials, toxic materials or other materials which may be injurious to health or safety of persons or the environment.
(n)	Household waste means all solid waste resulting from the conduct, maintenance, and operation of a residential household, excluding structural waste, yard waste, bulk waste, commercial waste, industrial waste, hazardous waste, recyclables and tires.
(o)	Individual roll-out solid waste container means any commercial grade receptacle with a capacity of over thirty-two (32) gallons but less than one hundred (100) gallons.
(p)	Industrial waste includes all materials or substances related to manufacturing, processing or production.
(q)	Multiple residence means any apartment or group of apartments under a common roof and used for a dwelling for four (4) or more families or households not all owned by individual tenants.
(r)	Overflow means any household or commercial waste that has not been placed in the collection container with the lid fully closed.
(s)	Person means any individual, firm, owner, occupant, sole proprietorship, partnership, corporation, unincorporated association, governmental body, municipal corporation, agent, executor, trustee, agent, guardian or other legal entity.
(t)	Private solid waste collection service means the collection of solid waste by a private, non-city business.
(u)	recycleAs used in this article, recycle means the following:
(1)	To sell, donate, or otherwise transfer solid waste material to any other person located outside of the City of Norfolk so that such waste material may be processed and used again as a raw material for a product which may or may not be similar to the original product, and
(2)	To process a given waste material at a location within the City of Norfolk so that such material may be used again as a raw material for a product which may or may not be similar to the original product.
(v)	Recycling container means the container provided by the city or Southeastern Public Service Authority (SPSA) for the collection of recyclables.
(w)	Recyclables means any materials designated for recycling services by the city.
(x)	Single residence means any dwelling whose use is limited by law to not more than one family or household and individually owned housing units.
(y)	Solid waste means all forms of matter in whatever shape or condition, such as household waste, bulk waste, industrial waste, yard waste, structural waste, commercial waste, hazardous waste, recyclable materials, litter, garbage, refuse, trash, tires and similar matter.
(z)	Solid waste transfer station means any facility or activity where solid waste is regularly shifted, transferred, transloaded or moved from one carrier, conveyance or means of transport to any other carrier, conveyance or form of transport.
(aa)	SPSA means Southeastern Public Service Authority.
(bb)	Specialized container means a container judged to be acceptable in writing by the director of public health.
(cc)	Structural waste means all building materials including rubble and debris resulting from storms, fires or other disasters, from construction and demolition, or from erecting, removing, repairing, remodeling or razing buildings or other structures.
(dd)	Waste management inspector means an inspector designated by the director of public works to enforce this chapter.
(ee)	Yard waste consists of materials derived from trees, leaves, fallen branches, shrubbery, plants, and lawn trimmings.
(ff)	Yard waste container is an uncovered thirty (30) gallon or less plastic or metal container for placement of yard waste.
(Ord. No. 39,971, § 2, 5-23-00)
Sec. 41-4. General responsibilities.
(a)	The director of public works shall be responsible for the collection and disposal of solid waste as prescribed by the City Code. He shall have authority to establish procedures and to enforce the regulations concerning:
(1)	The days and time of collection.
(2)	The location and type of containers for collection by the city.
(3)	The conveyance of solid waste collected.
(4)	The disposal of solid waste collected.
(5)	The designation of collection areas.
(6)	Other matters pertaining to collection, disposal or fees to be charged, or bill adjustments and credits.
	He shall have the authority to change or modify procedures pertaining to collection, conveyance and disposal. Disposal of all solid waste shall be only at the location and in the manner specified by the director of public works.
(b)	The director of public health shall be responsible for health, safety, environmental and sanitary conditions, as prescribed by the City Code. He shall have authority to establish procedures and to enforce the regulations concerning:
(1)	The storage of solid waste.
(2)	The elimination of nuisances.
(3)	The protection of the environment.
(4)	The protection of the health and welfare of the citizens.
(5)	The location and type of collection container for private collection.
He shall have authority to change or modify procedures pertaining to storage, nuisance, environment or health.
(c)	The director of planning shall be responsible for the review of building plans to assure that the location of containers meets appropriate requirements of the City Code.
(Ord. No. 39,971, § 2, 5-23-00)
Sec. 41-5. Responsibilities of superintendent of waste management; report and removal of nuisances.
Under the supervision and control of the director of public works, there shall be a superintendent of waste management, who shall be charged with the collection and disposal of solid waste from the streets, the removal of all nuisances which may come to his attention, or to the attention of those employed in his division, existing on the streets or other designated public places in the city, and the performance of such other duties as are or may be prescribed by ordinance or by order of the said director.
(Ord. No. 39,971, § 2, 5-23-00)
Sec. 41-6. Solid waste violation notice; penalty schedule; summons for failure to comply.
(a)	Any waste management inspector, law enforcement officer, fire marshal or any of his assistants, or special police officer observing a violation of any section, except sections 41-12, 41-14, 41-15, and 41-29, of this chapter or regulations promulgated thereunder, may issue a notice of violation to the person(s) responsible for such violation, to the person(s) listed as responsible for payment of the public service bill for that address, or to the property owner, informing that person of the date and nature of the violation and the prepayment penalty amount. The violation notice may be served by delivering a copy thereof to the person to whom it is directed in person or, if such person cannot be found, by delivering a copy and giving information of its contents and meaning to any adult member of the family found at such person's regular place of abode or at his usual place of business. In lieu of such service, the violation notice may be served by certified mail with delivery reported, a copy thereof to the last known address of the person to whom it is directed. If notice cannot be served after all the attempts set forth above, the notice may be directed to the owner of the premises.
(b)	The prepayment penalty schedule for a violation is as follows:
(1)	First violation--Twenty-five dollar ($25.00) fine.
(2)	Second violation within twelve (12) months--Fifty dollar ($50.00) fine.
(3)	Third and subsequent violations within twelve (12) months--One hundred dollar ($100.00) fine.
(c)	Within ten (10) days of service of a violation notice pursuant to this section, the person to whom it was directed shall pay the prepayment penalty amount specified on the notice.
(d)	Upon failure to pay the prepayment penalty specified in a violation notice in the time required, a summons shall be issued against and served on the person to whom the notice was directed, directing him to appear before the general district court of the city on the date and at the time specified in the summons to answer for the violation alleged, the date and nature of which shall be set forth in the summons. Such summons shall be served in the manner provided by law for such service.
(e)	The payment of the penalty prescribed by subsection (b) of this section shall not relieve any person from the obligation to take immediate remedial steps to correct any and all conditions which constitute a violation of this chapter. Such corrections shall be undertaken promptly and shall be completed within such time as may be allowed by city officials responsible for requiring the corrective measures.
(Ord. No. 39,971, § 2, 5-23-00)
Sec. 41-7. Executor, trustee, agent, etc. deemed owner of property.
When any person is in possession of any property, or has charge thereof, within the city as executor, administrator, trustee, guardian, or agent, such person shall be deemed to be the owner of such property for the purposes of this chapter and shall be bound to obey all requirements of this chapter so far as the same may affect such property, in the same manner, and subject to the same penalties and fines, as if such person were actually the owner of such property, and notice to such person shall be deemed sufficient.
(Ord. No. 39,971, § 2, 5-23-00)
Sec. 41-8. Containers required.
Every residence, business or person handling or having solid waste shall have a city approved container. Solid waste of any type shall not be placed outside the container for collection, unless provided for by this chapter or as approved by the director of public works or public health.
(Ord. No. 39,971, § 2, 5-23-00)
Sec. 41-9. Labeling of containers.
Containers required by this chapter shall be so labeled by the property owner or occupant so as to permit identification of the owner or occupant of the premises or the user of the container.
(Ord. No. 39,971, § 2, 5-23-00)
Sec. 41-10. Maintenance of containers.
Every person owning, using or handling a container shall be responsible for maintaining it in an intact, clean, sanitary and closed condition, so as to prevent leakage or spillage. It shall be the owner's or user's responsibility not to place solid waste in a defective container. It is the responsibility of the person, other than city employees, handling or emptying the container not to damage or destroy it or to leave it in an open condition.
(Ord. No. 39,971, § 2, 5-23-00)
Sec. 41-11. Interference with inspections, containers, collection, disposal, etc.
(a)	It shall be unlawful for any person to prevent, detain or impede the inspection of storage areas, containers and housing sites where solid waste is produced, stored or prepared for collection.
(b)	Except for city employees, it shall be unlawful for any person to overhaul, overturn, molest or interfere with the contents of any receptacle, plastic bag or container used for the storage or collection of solid waste or carry away any solid waste from the streets, unless authorized to do so by the director of public works.
(c)	It shall be unlawful for any person to prevent, detain or impede the collection or transportation of solid waste from collection sites or rights-of-way.
(Ord. No. 39,971, § 2, 5-23-00)
Sec. 41-12. Disposal to be at approved site.
No solid waste material shall be disposed of at any place except at a site or sites authorized and designated for such purpose, and in the manner specified.
(Ord. No. 39,971, § 2, 5-23-00)