§ 8.44.060. Burning, burying and piling—Restrictions.

A.

Garbage burning. It is unlawful to burn garbage or any food containing cans or cartons within the city limits. It is also unlawful to burn wet cardboard or paper, rags, feathers, rubber, tires, leather, tar paper, old batteries or any other materials which emits an offensive odor when burned. Limited amounts of paper, cardboard or other combustible materials may be burned as long as the material is dry and does not create an offensive odor, nuisance or fire hazard due to excessively high winds. Combustible material must be kindled at such an hour that it will be completely consumed by fire by 7:00 p.m. The continued smoldering of slow burning combustible waste after 7:00 p.m. is a nuisance, and shall be subject to the penalties prescribed in this chapter.

B.

Landscape waste or yard waste burning. It is unlawful for any person to burn or cause the combustion of any landscape waste or yard waste at any time within the corporate limits of the City of Morris. For the purposes of this chapter "landscape waste" or "yard waste" shall be defined to include grass, garden clippings, brush, Christmas trees, leaves, tree clippings and other materials accumulated as a result of the maintenance of lawns, gardens (both vegetable and flower), shrubbery, vines and trees. It shall be the duty of the owner, lessee, tenant or agent of each property to place landscape waste or yard waste in approved "kraft" paper bags not exceeding thirty-three gallons of capacity nor exceeding a weight of fifty pounds each, and to place the same upon the city right-of-way for weekly collection from April 1 through December 1 of each calendar year. It is unlawful for any person to mix landscape waste or yard waste with any other garbage, rubbish or trash. No person shall rake or deposit landscape waste or yard waste, specifically including wet or dry leaves, grass or other similar materials into gutters or streets of the City of Morris. The open burning of landscape waste or yard waste is declared to be a nuisance, and subject to the penalties prescribed in this chapter.

C.

Fire district and commercial districts burning. No person shall burn trash, paper or other rubbish on the streets or in the alleys or within any lots within the fire district and commercial districts of the city.

D.

Garbage burying. It is unlawful to bury garbage or rubbish at any time within the city limits other than at the authorized city dump.

E.

Garbage, rubbish, combustible material and junk piling.

1.

It is unlawful for any person, firm or corporation to deposit within the city limits any piles of garbage, rubbish, junk, manure, carcasses of dead animals, or combustible material unless he intends to remove the material immediately. Combustible material such as grass trimmings, leaves and weeds may be placed in a compost pile providing the compost pile is confined in a fine wire mesh or concrete block enclosure in order that none of the material is windblown. The disposition of garbage, manure or any material which will produce an obnoxious odor from any compost pile is unlawful.

Any compost pile must be placed at least seventy-five feet from any dwelling.

2.

The piling of rubbish or junk on any premises which remains for a period of more than two weeks is a violation of this chapter. The only exception to this rule is a situation where new construction or building repair is being made. In this case, all rubbish or discarded building material must be removed two weeks after the construction is completed.

3.

It is unlawful for any owner, contractor, or other person to deposit permanently within the city limits any brick, pieces of concrete, plaster, discarded building material, soil, tree stumps, branches, brush, paper or other windblown material except for immediate removal at the depositor's expense. The only exception shall be for the purpose of fill so as to improve property as approved by the city council. It is unlawful to permit or store any combustible refuse in such a way as to create a fire hazard.

4.

It is unlawful to burn any combustible material on any street, parkway, sidewalk or public thoroughfare.

F.

On-site dumpsters.

1.

It shall be required of any person, contractor or developer that an on-site dumpster or other method of disposal as approved by the building and zoning officer, be present and available to facilitate the disposal of waste materials as a result of any construction, remodeling, renovation or addition to any existing structure or in the construction of any new structure within the limits of the city.

2.

The dumpster or other method of disposal previously approved by the building and zoning officer, utilized in the disposal of the waste materials as set forth above, shall be covered and of adequate size to facilitate the disposal of such waste materials and shall be set off the street within the boundaries of the lot or building site.

3.

The disposing of the waste materials shall be done in a clean, safe and sanitary manner.

4.

The city shall notify in person or in writing any violator of this subsection upon the discovery of the violation. The person after receiving this oral or written notice shall have forty-eight hours within which to comply with this section.

5.

It is further unlawful to pile any waste materials utilized in the construction, remodeling, renovation or addition to any existing structure or the construction of any new structure outside of the on-site dumpster.

6.

It is further required that prior to the issuance of a building permit, any person, contractor or developer shall show compliance with this subsection.

7.

Any person, contractor or developer violating this subsection shall be fined not less than one hundred dollars and no more than seven hundred fifty dollars for each offense and a separate offense shall be deemed committed on each day that a violation occurs or continues.

Whenever a monetary fine is assessed by the court pursuant to this Code, the court is further expressly authorized by the City of Morris to use dispositions including, but not limited to, court supervision, deferred judgment, conditional discharge, and suspended sentence.

(Ord. 3429 § 1, 2003; Ord. 3410 §§ 2, 3, 2003; Ord. 2943 § 1, 1994; Ord. 2656, 1986; Ord. 2383 (Part), 1978; prior code § 15.3050)

(Ord. No. 3891, § 1, 2-6-2012)