HomeMy WebLinkAbout2025-08-8853ORDINANCE NO. 2025-08-8853
AN ORDINANCE AMENDING CHAPTER 42, ENVIRONMENT,
SECTION 49, SOLID WASTE, OF THE CODE OF ORDINANCES OF THE CITY OF
PADUCAH,KENTUCKY
WHEREAS, the City of Paducah is committed to maintaining a clean, safe, and visually
appealing community for the benefit of its residents and visitors;
WHEREAS, the proper disposal and timely removal of solid waste, including green
waste, is essential to protect public health, reduce fire hazards, prevent vermin infestation, and
preserve neighborhood aesthetics;
WHEREAS, the City recognizes the need to update collection procedures to
accommodate changes in waste management operations.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF PADUCAH AS FOLLOWS:
SECTION 1. That Section 42-49, Solid Waste, of the Code of Ordinances of the
City of Paducah, Kentucky, is hereby amended as follows:
Sec. 42-49. Solid waste.
(a) Definitions. The following words, terms and phrases, when used in this section, shall have
the meanings ascribed to them in this subsection, except where the context clearly indicates
a different meaning:
Back door pickup means requested by residence to have a point of pickup other than what is
assigned.
Bulk waste means any items commonly handled in bulk form, including, but not limited to,
any discarded appliance such as hot water heaters, stoves, air conditioners and refrigerators; any
discarded furniture such as couches, chairs and mattresses; trees or tree limbs in excess of forty-
eight (48) inches in length and greater than [three (3)] fifteen (15) inches in diameter; or tree
stumps.
Business means and applies to any establishment or firm wherein an occupational license is
required by the City, except as otherwise provided herein.
Commercial waste means any waste generated by a business establishment, excluding such
waste as designated in subsection (e) of this section.
Commercial waste container means dumpsters of various sizes: two (2), four (4), six (6) and
eight (8) cubic yard capacity. Dumpsters shall remain the property of the City.
Department means the Public Works Department of the City of Paducah.
Department in charge means the Public Works Department will be charged with carrying
out the duties of the provisions of this section.
Division means the Solid Waste Division of the Public Works Department.
Green waste means and includes, but is not limited to, all accumulations of grass,
shrubbery, weeds or cuttings from any of the foregoing, or pine needles, and other waste
incidental to the growth, maintenance or care of lawns, or shrubbery, vines and gardens. The
term "green waste" shall not be taken to include trees or tree limbs in excess of forty-eight (48)
inches in length and greater than [three (3)] fifteen (15) in diameter, tree stumps, used or broken
appliances, furniture, bedding, building materials, lumber or other material of like nature. (See
Bulk waste.) In addition, the total volume of green waste placed for collection shall not exceed
ten (10) feet in length and sixty (60) inches in height perip ekup.
Multiple dwelling means a structure or structures having more than one (1) single-family
unit, and shall include apartment buildings, motels and hotels.
Premises means land or buildings, or both, occupied or used by one (1) or more households
or one (1) or more business places.
Residence means a single-family residential unit.
Residential waste means every accumulation of animal, fruit or vegetable matter that attends
the preparation, use, cooking, and dealing in, or storage of, meats, fish, fowl, fruits or vegetables.
This also includes any other matter of any nature whatsoever which is subject to decay and the
generally noxious or offensive gases or odors which, during or after, may serve as breeding or
feeding material for flies or other germ -carrying insects; and any waste accumulations of paper,
wooden or paper boxes, tin cans, bottles or other containers, sweepings, and all other
accumulations of a nature usual to housekeeping.
Residential waste container means green mobile cart (capacity ninety-six (96) gallons). Said
container shall remain the property of the City.
Residential waste container (speekdIgiehT service assist) means blue mobile cart (capacity
ninety-six (96) gallons). Said container shall remain the property of the City.
Solid waste means all forms of waste as defined herein, including bulk, commercial, green
and residential waste.
[S~ee' 4ekup] Service Assist means when no individual in the household is physically or
mentally capable of maneuvering the waste container to the designated point of pickup.
Trailer park, mobile home park means any business enterprise maintaining premises for the
rent of mobile homes or house trailers and/or mobile home or house trailer sites.
(b) Authority and duties of City Manager.
(1) The City Manager or designee shall have the authority to make and modify, as
necessary, the days of collection, location of containers, and such other matters
pertaining to the collection, transportation and disposal of waste.
(c) Preparation of waste.
(1) Residential waste. All residential waste must be contained within the confines of the
residential waste container. The container shall be kept tightly covered at all times
except when it becomes necessary to lift covers for the purpose of depositing waste or
for the purpose of emptying such waste container in a solid waste truck. No medical,
hazardous and/or toxic waste or liquids will be deposited into a residential waste
container.
(2) Commercial waste. All commercial waste must be contained within the confines of the
appropriate commercial waste container. No medical, hazardous and or toxic waste or
liquids will be deposited into a commercial waste container.
(3) Green waste. All green waste which is absorbent, such as grass and leaves, shall be
contained in bags (not to exceed fifty (50) pounds) and kept separate from residential
waste. All trimmings, such as hedge or tree limbs (not greater than [three (3)] fifteen
05) inches in diameter), vines and shrubbery shall be bundled in bundles not greater
than 48 -inch lengths and not to exceed fifty (50) pounds in weight. All bags and
bundles shall be placed at the household's designated point of pickup. In addition, the
total volume of green waste placed for collection shall not exceed ten 00, feet in
length and sixty(60) inches in height per pickup.
(4) Bulk waste. Bulk waste shall be picked up at the designated point of pickup. All items
shall be prepared for disposal in accordance with all local, State, and Federal laws.
(d) Location ofeontainers; collection.
(1) Restrictions on collectors. City solid waste collectors shall not enter houses or
buildings for the collection of solid waste nor shall they accept any money or gifts for
their services.
(2) Separation of waste from non -waste items. Solid waste shall not be stored in close
proximity to other effects which are not desired to be collected, but shall be reasonably
separated in order that the collectors can clearly distinguish between what is to be
collected and what is not.
(3) Residential collection.
a. The City shall collect residential waste once a week in accordance with a schedule
prepared by the City Manager or designee.
b. It shall be the responsibility of each occupant, on the scheduled day of collection,
to place the occupant's residential waste container at the designated point of
collection (curbside, street side or in an accessible alley) not later than [339] 4:00
a.m. the day of scheduled pickup, unless otherwise authorized by the City
Manager or designee. The container shall be placed in such a manner as not to
interfere with overhead power lines or tree branches, parked cars, vehicular
traffic, or in any other way that would constitute a public hazard or nuisance.
c. Waste containers may be placed at the point of pickup the evening before the
scheduled pickup service. Waste containers shall be removed from the point of
pickup not later than 11:00 p.m. of the day of the scheduled pickup.
d. Waste containers, when not out for collection on the scheduled pickup day, -M4
be kept away G.. the front of,. , builds or premises. T.Twasteeef"nershall
b. ---aif4ain d upen or adja efA te any street sidewalk, or- rent yard.] shall be
stored away from the front of any building or premises to the extent practicable
Waste containers shall not be permanently maintained on or immediately adjacent
to any street or sidewalk. Exceptions may be made where no alternative storage
location is reasonably available, but in such cases, containers must be kept as
screened and unobtrusive as possible when not out for collection
e. If accumulation of residential waste regularly exceeds the capacity of the ninety-
six (96) gallon container, the City Manager or designee may assign the resident an
additional ninety-six (96) gallon container, at such fees or charges as the City
Commission may establish from time to time by municipal order.
f. The City may provide pickup service at other than the designated location, at such
fees or charges as the City Commission may establish from time to time by
municipal order. The location of the pickup will be approved by the City Manager
or designee.
g. The City Manager or designee shall have sole discretion in verifying the need for
a [spee ,.,��] service assist (blue residential waste container) and the
determination of the point of pickup for said [spaeial piekap] service assist.
1. In the event the occupant has difficulty in using the refuse container in the
designated area or would create a hardship, the occupant shall notify the City
Manager in writing stating the basis for the difficulty and what relief is
requested.
2. The City Manager or designee upon a showing of physical handicap or
medical condition by written documentation or sufficient proof as to physical
conditions hindering compliance, may grant the relief requested or other
appropriate relief.
3. These conditions shall apply when there is no one present in the household
who is able to move the container to the designated point of pickup.
h. [gid ] The City shall collect green waste in accordance with a schedule
prepared by the City Manager or designee Collection will be at the household's
curbside or street side point ofipickup The City ay pick up green waste in
excess of the specifications outlined in this ordinance for a fee established by the
City Commission by Municipal Order from time to time
i. No provision of this section shall be construed to prevent any person from
transporting or disposing of solid waste produced by the household. Disposal by
such means shall not exempt such person from the obligation to pay the solid
waste collection service charges.
(4) Container damage or loss. Residential waste container and commercial waste
container shall both remain the property of the City at the premises where delivered.
The premises' owner or occupant and/or commercial establishment shall maintain their
assigned waste containers and the surrounding area in a clean, neat, sanitary condition.
Residential and commercial waste containers shall be cleaned and disinfected on a
regular basis by the premises' owner or occupant or business utilizing the waste
container. Containers which are damaged, destroyed, or stolen through neglect,
improper use or abuse by the occupant -users shall be replaced by the City at the
expense of the occupants or the owner of the residence. Containers which are damaged
in the course of normal and reasonable usage or which are damaged, destroyed, or
stolen through no abuse, neglect, or improper use of the occupant -users or residence
owner shall be repaired or replaced at the sole discretion of the City, at no charge to the
occupant -users or residence owners. The containers shall not be damaged, destroyed,
defaced or removed from the premises by any person. Markings and identification
devices on the containers, except as placed or specifically permitted by the City, are
expressly prohibited and shall be regarded as damage to the containers.
(5) Bulk waste.
a. The City will provide pickup of bulk waste in accordance with a plan prepared by
the City Manager or designee [ ], from the household's
designated point of pickup. This is a separate service and will be provided at such
fees or charges as the City Commission may establish from time to time by
municipal order. [Piekup will be nthin five (5) . r4 ,, days,
thereafter ,. pessibit-.-]
b. The owner of any vacant lot may make arrangements with the City for pickup of
bulk waste. The location of the pickup shall be determined by the City Manager or
designee. Pickup will be provided at such fees or charges as the City Commission
may establish from time to time by municipal order. [.'Piekup will be
within five (5) war -king days of the req estor- seen t> a s possib'c ]
(6) Commercial collection. Collection of commercial service shall be made at least
weekly, and more frequently if deemed necessary by the City Manager or designee to
prevent unsanitary or unsightly accumulation of solid waste. The City Manager or
designee shall establish routes of varying frequency for collection and assign each
commercial or industrial establishment to the route and frequency which is most
adapted to its collection needs.
a. All commercial establishments/businesses shall utilize a commercial waste
container (two (2), four (4), six (6) and eight (8) cubic yard dumpster) unless
otherwise authorized by the City Manager or designee.
b. Commercial waste containers must be clear of all obstructions and obstacles at all
times to allow for the proper service and inspection. The service schedule is
generally 4:00 a.m. to 12:30 p.m. Monday through [Sunday] Saturday.
c. New commercial waste accounts, as of November 1, 1997, shall be required to
place the container on approved service pads to be constructed of eight (8) inch
thick concrete having a minimum compressive strength of four thousand (4,000)
psi containing fiber mesh or woven wire and of a size not less than [ten -{1-0)]
twelve (12) feet wide and thirty (30) feet long. Exceptions of the aforementioned
dimensions for width and length shall be at the discretion of the City Engineer.
All exceptions will be as a result of physical features adjacent to the approved
site. The property owner will be responsible for all repairs necessary as a result of
servicing the dumpster.
d. The location shall be approved through the City prior to placement. The approval
will be a process of the site plan evaluation. The location of the pad will provide
freedom of access of solid waste vehicles unimpeded by parked cars. The service
pad will be located in a manner as to allow the straightest route into the dumpster.
The location will limit turning of refuse vehicles to service the dumpster.
e. All dumpsters should be located as near to the rights-of-way as practical, but not
in the right-of-way.
f. Commercial accounts may request an additional unscheduled pickup. This service
will be provided at such fees or charges as the City Commission may establish
from time to time by municipal order.
(7) Seasonal collection service. The schedule for collection of bagged leaves shall be
established by the City Manager or designee based on weather conditions caused by
either an early or late fall. [This sem,iee will be performed J
' •th the
weekly Y:ek:Y of green waste. ]
(e) Unlawful accumulation or disposal of waste; disturbing containers.
(1) Disposal requirements generally. The disposal of solid waste in any quantity by an
individual, householder, establishment, firm or corporation in any place, public or
private, other than at the site or sites designated and/or with properly approved permits,
is expressly prohibited. Such disposal methods shall include the maximum practical
protection for control of rodents, insects, and nuisances at the place of disposal.
(2) Unlawful accumulations.
a. No person shall permit to accumulate on such person's premises any solid waste
except in containers of the type specified in this section, and no odiferous,
unsanitary, offensive or unsightly wastes other than solid waste shall be permitted
to accumulate on such premises. Noncompliance with the provisions of this
section shall constitute a public nuisance.
b. The occupant of the premises or, in the case of unoccupied premises, the owner,
shall be responsible for maintaining, in a clean and sanitary condition free of all
solid waste, the sidewalks, ditches, curbs/gutters and unpaved/undeveloped
portion of rights-of-way abutting such premises.
(3) Disturbing containers. At no time shall any person rifle, pilfer, dig into or in any
manner disturb containers containing solid waste.
(4) Removal of waste by contractors, public utilities, builders, tree trimmers and
landscapers. [All th must remove all trash and debris ta.,.,., thepromises upon
limbs,they are wer-king a4 their own expense. This shall ineiude but nat be limited to
tfee trunks, roots, eenefete slabs, eenefete bleeks, bfieks and all other maefials used
by eontraet,.,s in the course of building, _ _ and __ alterations. ]-Contractors,
public utilities builders tree trimmers and landscapers shall be responsible for the
removal of all trash and debris generated during the course of their work at their own
expense However, green waste generated by such parties—such asrag ss clippings
shrubbery trimmings vines and small branches—may be placed for City collection
provided it fully conforms to the definition and limitations of green waste as set forth
in this ordinance. All other materials, including but not limited to tree trunks large
limbs exceeding ordinance size limits roots stumps concrete slabs concrete blocks
bricks, construction or demolition debris, and similar materials shall not be collected
by the City and must be removed from the premises by the responsible part.
(5) Prohibited substances in city -owned containers. The following substances are hereby
prohibited and shall not be deposited in any city -owned solid waste container, either
residential or commercial:
a. Flammable liquids, solids or gases, such as gasoline, benzene, alcohol or other
similar substances.
b. Any material that could be hazardous or injurious to city employees or which
could cause damage to city equipment.
c. Building material/debris.
d. Hot materials such as ashes, cinders, and the like.
e.. Human or animal feces are hereby prohibited from being placed in any solid
waste container unless placed and secured in a plastic bag.
f Carcasses of dead animals.
(6) Industrial, hazardous, toxic, medical and infectious waste. All industrial, hazardous,
toxic, medical, and infectious waste, including, but not limited to, hypodermic
syringes, shall be disposed of by the industry, manufacturer, or processing plant
generating such waste under such methods and conditions as shall be approved by all
applicable State or Federal guidelines.
(7) Dumping in stream, ditch, sewer or drain. It shall be unlawful for any person, firm, or
other entity, regardless of form, to dump waste in any form into any stream, ditch,
storm sewer, sanitary sewer, or other drain.
(f) Open burning. It shall be unlawful for any person, firm or other entity, regardless of form,
to burn or attempt to burn solid waste on private or public property within the City limits.
SECTION 5. Severability. The provisions of this Ordinance are hereby declared to be
severable, and if any section, phrase or provision shall for any reason be declared invalid, such
declaration of invalidity shall not affect the validity of the remainder of this Ordinance.
SECTION 6. Repeal of Conflicting Orders and Ordinances. All prior resolutions,
municipal orders or ordinances or parts of any resolution, municipal order or ordinance in conflict
herewith are hereby repealed.
SECTION 7. Effective Date. This Ordinance shall be read on two separate days and will
become effective upon summary publication pursuant to KP Chapter 424.
MAYOR GEORGE P. Y
ATTEST:
'Lindsay Parish, Ci�'y Clerk
Introduced by the Board of Commissioners, August 12, 2025
Adopted by the Board of Commissioners, August 26, 2025
Recorded by City Clerk, August 26, 2025
Published by The Paducah Sun, August 29, 2025
Ord\42 - Solid Waste 2025