TITLE 4 - PUBLIC HEALTH AND SAFETY
This chapter shall be known as the City of Meridian Solid Waste Ordinance and may be so cited.
(Ord. 10-1450, 6-22-2010, eff. 7-5-2010)
The purpose and intent of this chapter is to:
A.
Establish a system for the storage, handling, collection and processing of solid waste with uniform requirements.
B.
Promote the health, safety, and general welfare of the citizens of Meridian, and enhance and preserve the quality and value of the resources of the City of Meridian by the proper management of solid waste.
C.
Encourage and improve the opportunity for recycling.
D.
Equitably distribute the costs of the solid waste collection and disposal system.
(Ord. 10-1450, 6-22-2010, eff. 7-5-2010)
Ada County Highway District (ACHD) means the Ada County highway district, a countywide highway district of Ada County, Idaho, duly formed and existing under chapter 14 of title 40, Idaho Code.
Bulky waste means waste materials intended for landfill disposal, except for major appliances; with sizes, weights or volumes greater than those allowed for wheeled carts and containers, such as water tanks and furniture. Bulky waste does not include construction debris, dead animals, hazardous materials, or animal stable matter.
City means the City of Meridian, Idaho.
Commercial premises means business, industrial and institutional premises and activities, including, but not limited to, construction sites, governmental agencies, and schools.
Commercial recycler means a person or business that: a) collects, hauls, transports, and/or disposes of source separated recyclable materials from commercial premises located within Meridian City Limits for the sole purpose of recycling; and b) does not collect, haul, transport, and/or dispose of solid waste. This term shall include any employee or other person acting on behalf of the commercial recycler.
Commingled recyclable material(s) (also known as single stream or single sort or fully commingled recyclable materials) means materials including, but not limited to, paper, fibers, plastics, and metals, which are separated from solid waste at the point of generation by the generator thereof but which are otherwise treated as a single mixture of materials for the purpose of being recycled.
Container means a large capacity receptacle designed for the collection of solid waste or recyclable materials that are created or accumulated at commercial or multi-family premises with four (4) or more units, including front loading containers, rear loading containers, and roll-off containers; also known colloquially as a dumpster.
Customer means an occupant or owner of any premises, including residential, multifamily, commercial or other establishment in the city for which solid waste service is, or has been, provided.
Franchisee means any person authorized by the City of Meridian, or employed by the City of Meridian to collect, handle, transport and dispose of solid waste and/or recyclable materials and who has executed a franchise agreement with the City of Meridian.
Fully automated solid waste collection system means a system for the collection of solid waste and recyclable materials from residential and multifamily premises of four (4) or fewer units which: a) allows a customer to prepare for collection only the amount of solid waste or recyclable materials that fits within franchise owned and supplied wheeled cart(s) provided to such customer; and b) under which the franchisee collects solid waste and recyclable materials contained within the wheeled cart(s) by means of trucks equipped with an automated hydraulic lifting mechanism.
Hazardous materials or wastes means any chemical, compound, mixture, substance or article which is designated as hazardous by the United States Environmental Protection Agency or appropriate state agency.
Household solid waste means solid waste generated as a result of residential activities, including packaging materials, food scraps, paper, yard waste, and discarded household items.
Infectious waste means human and animal biological waste, including blood, body fluids, feces, and/or objects and materials contaminated with same, including that generated by medical, surgical, dental, and veterinary offices, clinics, hospitals, and laboratories.
Multifamily premises means residential premises with two (2) or more dwelling units including, but not limited to, multiplex dwellings, apartments, condominiums, mobile home and manufactured housing communities, clusters of single-family residences, and duplexes. Multifamily premises shall not include dwelling hotels, motels, hospitals, nursing homes, or other congregate housing, care, or institutional facilities.
Occupant means the person in possession, charge or in control of any unit in multifamily premises, residential premises, commercial premises or other premises where solid waste is created or accumulated.
Overloading means exceeding the wheeled cart or container weight capacity or volume allowance, allowing objects to protrude outside of a wheeled cart or a container, or stacking solid waste or recyclable materials outside of a wheeled cart or container.
Owner means the person owning the real property where solid waste or recyclable materials are created or accumulated.
Person means any person, firm, partnership, association, institution, limited liability company, corporation, trust and/or any other legal entity whether for profit or nonprofit, public or private, and in the plural as well as singular.
Prohibited waste means and shall include any waste that has any of the following general characteristics: extreme temperature; harmful vapors; the presence of corrosive, flammable, explosive, or toxic chemicals; any physical or other properties that render collection operations hazardous or create a risk to the environment or public health and safety. Prohibited waste shall include, but shall not be limited to: liquid wastes, both bulk and contained; tires; hazardous waste; refrigerants and any equipment or machines containing refrigerants.
Putrescible waste means waste that can decay and stink or become putrid.
Recyclable materials means waste designated by the city and/or its franchisee as that which may be recycled, including, but not limited to, paper, cardboard, plastics, and metal.
Residential premises means a separate dwelling or residential unit in the city occupied by a person or group of persons which may be a single-family residence or multifamily premises. Each separate dwelling unit shall be considered a separate residence for solid waste service and billing purposes.
Solid waste means all materials discarded for disposal, including, but not limited to: putrescible and nonputrescible solid and semisolid waste, garbage, trash, rubbish, demolition and construction waste, industrial waste, vegetable solid and semisolid waste, dead animal remains in amounts not to exceed twenty five (25) pounds, reusable or recyclable materials, bulky waste, and other discarded matter.
Source separated recyclable material(s) means material(s) separated from solid waste and set into separate discrete material type containers at the point of generation by the generator thereof for the purpose of being recycled and which are handled separately throughout the collection process.
Temporary project means an activity, ninety (90) days or less in duration, that generates solid waste and that necessitates a container for collection and removal of such waste.
Vector means an organism that can transmit disease.
Wheeled cart means a wheeled receptacle designed for the automated collection of solid waste or recyclable materials, thirty-five (35) to ninety-five (95) gallons in volume.
Yard waste means plant material such as leaves, grass, branches, brush, flowers, tree wood waste, and debris commonly thrown away in the course of maintaining yards and gardens, and other particular biodegradable waste including Christmas trees.
(Ord. 13-1551, 4-23-2013, eff. 4-29-2013; Ord. No. 25-2092, § 1, 7-22-2025)
All residential owners and/or occupants; all commercial owners and/or occupants; and all persons undertaking, providing, or allowing the provision of construction contractor or landscape services; within the City of Meridian; shall pay for, and shall be provided, solid waste and recyclable materials collection services by the franchisee, except as otherwise provided in this chapter. Such services shall be provided in the manner and by the means as may be established by the written franchise agreement and all applicable city ordinances and resolutions.
(Ord. 10-1450, 6-22-2010, eff. 7-5-2010; Ord. No. 25-2092, § 2, 7-22-2025)
The code enforcement division of the Meridian Police Department, and such other persons as may be appointed by the Mayor and City Council by resolution, shall be responsible for the enforcement of the provisions of this chapter and other duties as the City Council may prescribe.
(Ord. 10-1450, 6-22-2010, eff. 7-5-2010)
A.
The Mayor and Council shall have the sole authority to select and approve all persons who shall enter into a franchise or license agreement; to contract to perform any or all services described in this chapter; to establish reasonable fees, and to establish reasonable rules and regulations governing the conduct and operation of such franchisee, licensee or contractor.
B.
The Council may require of any such franchisee, licensee, or contractor a bond in a reasonable amount, and the condition of which shall be the satisfactory performance of the contract.
C.
City Council shall establish a solid waste advisory commission, the duties of which shall include proposing and recommending to City Council any new or amended rules, regulations, policies, and fees as such may relate to the implementation of this chapter.
(Ord. 10-1450, 6-22-2010, eff. 7-5-2010)
A.
Collection of fees. City Council shall adopt by resolution a fee schedule for the collection of solid waste, which fee schedule may include, without limitation, fees for the collection of solid waste and/or recyclable materials; fees for delivery, collection, and/or use of additional or different wheeled cart(s); bulky waste collection services; appliance or excessive weight item collection services; late collection services; special collection services; and late payment.
B.
Disposition of fees. The proceeds from the collection of fees and charges herein provided shall be placed in a special fund to be known as the "solid waste collection account", and all expenses of the city in the operation of the solid waste collection system shall be paid out of such fund. Any surplus remaining therein at the end of each fiscal year may be transferred by the council to the general fund.
C.
Method of collection. Fees shall be billed to and paid by the customer of the premises that is served by the sanitary service system. Fees shall be carried on the water bill, and the same shall be paid with the water bill. The Water Department is authorized to discontinue service to the premises if the utility bill is not paid in full. Said sanitary service system fees that become delinquent shall be treated the same as water delinquent fees and shall be subject to the same penalties, including the same shall become a lien on the premises and shall be collected with the taxes. Further, any customer leaving a delinquency at one (1) location shall not be entitled to service at a new location until all delinquencies are paid. In case of nonpayment, or delinquency in payment, of accounts that do not have associated water system charges the solid waste service may be suspended until such time as all charges and fees, including late fees and penalties, are currently paid.
(Ord. 10-1450, 6-22-2010, eff. 7-5-2010)
A.
Collection at all premises. The following provisions shall apply to all customers and premises within the City of Meridian:
1.
Containers and wheeled carts. All solid waste and recyclable materials must be deposited in franchisee owned and supplied containers or wheeled carts for collection except for special collection services, temporary project service, or the use of customer owned compactor containers on commercial or residential multi-family premises.
2.
Liquids. All solid waste shall, before deposit in containers or wheeled carts, be free of any liquids.
3.
Containers and wheeled carts to be kept clean. All customers shall maintain franchisee owned and supplied containers and wheeled carts in a clean condition, with the inside and outside thereof free and clean of soil, grease, odor, and/or decomposing material.
4.
Services to premises on nonpublic rights-of-way. Franchisee shall provide service only to premises adjacent to public rights-of-way, unless otherwise authorized by the customer on a private or nonpublic right-of-way. The franchisee may provide collection services to premises on a private or nonpublic right-of-way where the customer has provided written indemnification of the city and the franchisee for any road or other damage or injury to persons or property incurred while in the course and scope of franchisee's provision of solid waste and recyclable materials collection services.
5.
Notice of noncollection. When the franchisee encounters prohibited or improperly prepared solid waste and/or recyclable materials, the franchisee shall collect any properly prepared materials and leave the improperly prepared materials, with a written notice affixed thereto. Such written notice shall include the date, time, and service address, with a brief description of the reason for noncollection. The franchisee shall keep a copy of the notice for thirty (30) days, and shall supply a copy of such notice upon request.
6.
Temporary project service. Pursuant to Idaho Code section 50-344, any person may contract with a solid waste collection provider of the person's choosing for the use of solid waste collection containers and collection services for a temporary project, as such term is defined in this chapter. The following shall apply to temporary project service:
a.
The owner of a property on which a temporary project is occurring shall be presumed to be responsible for carrying on or allowing the carrying on of temporary project service.
b.
The owner of a property on which a temporary project is occurring shall carry on or allow the carrying on of such temporary project for no longer than ninety (90) days. If a project or undertaking is of a duration longer than ninety (90) days, the owner shall utilize, or require the person carrying on the temporary project to utilize, solid waste collection services provided by franchisee.
c.
One (1) temporary project may occur per property per calendar year.
d.
No person shall use a temporary project container to contain household solid waste or prohibited waste.
e.
No person shall place solid waste not generated by the temporary project in a temporary project container.
f.
All temporary project containers shall have clearly readable identification, on at least two (2) sides, using font at least two (2) inches in height, with the company name and an active phone number at which the entity providing the container and/or collection services may be reached.
g.
Entities providing solid waste collection services for temporary projects shall collect temporary project waste at least once every thirty (30) days, unless such waste is putrescible or greater frequency is appropriate, in the city's discretion, considering protection of the environment and public health and safety.
h.
Wheeled carts shall not be used as temporary project containers.
B.
Collection at commercial premises. The following provisions shall apply to all commercial customers and premises within the City of Meridian:
1.
Frequency of service. Franchisee shall provide commercial service every day except Sunday, commencing at 4:00 a.m. Public and private schools shall be serviced between 4:00 a.m. and 7:00 a.m. Franchisee shall collect solid waste and recyclable materials from commercial premises at least once weekly.
2.
Types of container. The franchisee shall collect solid waste and recyclable materials from commercial premises in one (1) of the following types of container, per arrangement with the customer:
a.
Containers. Commercial premises solid waste service may be provided with franchisee owned and supplied containers in the size requested by the customer, subject to approval by the franchisee.
b.
Compactor service. The franchisee may provide collection services to commercial premises utilizing a compactor container where the customer has provided written indemnification of the city and the franchisee for any road or other damage or injury to persons or property incurred while in the course and scope of franchisee's provision of solid waste and recyclable materials collection services, and shall contact the franchisee to confirm that the compactor container and location are compatible with collection vehicles and equipment.
3.
Container placement standards.
a.
All commercial property owners shall screen commercial solid waste collection equipment from public streets. All such barriers shall comply with all applicable city ordinances, requirements and/or standards. No commercial collection location shall be on a public right-of-way or impede pedestrian traffic unless an appropriate variance is granted by the roadway authority.
b.
As to any newly constructed or remodeled commercial premises, customers shall ensure that the collection site complies with the following standards:
(1)
All containers shall be placed on a firm, level surface pad of concrete or asphalt at least three (3) inches thick, at least twelve (12) feet wide by ten (10) feet deep for solid waste collection.
(2)
All gates shall be constructed to rest in an open position to avoid swinging shut during collection.
(3)
The collection space shall allow collection vehicles to turn in a forty-five-foot radius and back up a distance of at least fifty (50) feet.
(4)
The space shall allow at least fourteen (14) feet vertical clearance at all access points, twelve (12) feet width drive clearance, and at least twenty (20) feet vertical clearance in front of the container.
4.
On-call service. Franchisee shall provide on-call service as requested by a customer for projects over ninety (90) days in duration, or as otherwise needed. Franchisee shall provide on-call service within two (2) working days of a customer request, and shall collect wet or putrescible wastes at least every thirty (30) days or greater frequency is appropriate, in the city's discretion, considering protection of the environment and public health and safety.
C.
Collection at residential premises. The following provisions shall apply to all residential customers and premises within the City of Meridian:
1.
Frequency of service. Franchisee shall utilize a fully automated solid waste collection system to all residential premises in the City of Meridian, including multi-family premises of four (4) or fewer units that choose such service. Collection of residential solid waste shall occur once per week, and every other week for collection of recyclable materials, on the day specified by franchisee, or as otherwise provided by rules and regulations established or adopted by City Council.
2.
Type of container.
a.
Wheeled carts provided. Franchisee shall provide to each customer one (1) wheeled cart, in the size specified by the customer, for collection of solid waste, and one (1) wheeled cart for collection of commingled recyclable materials, if requested by customer, as part of the customer's residential solid waste collection services.
b.
Extra wheeled cart. Extra wheeled carts may be obtained from the franchisee for an additional fee as established by city fee schedule. The base fee charged for residential solid waste service shall be determined according to the largest solid waste wheeled cart size ordered. Any fee for a new wheeled cart shall apply upon delivery of the new wheeled cart.
c.
Exchange of wheeled cart. The customer may make arrangements with franchisee to exchange customer's wheeled cart for a wheeled cart of larger or smaller volume, where such size is available, and for an additional fee as established by city fee schedule. The base fee charged for residential solid waste service shall be determined according to the largest solid waste wheeled cart size ordered. Any fee for an exchanged wheeled cart shall apply upon delivery of the exchanged wheeled cart.
d.
Replacement of wheeled cart. Franchisee shall replace a wheeled cart when it is no longer functional or when determined by franchisee to be unsafe for further use.
3.
Wheeled cart collection placement standards.
a.
Time of placement. Customers shall place wheeled carts containing solid waste or recyclable materials to be collected by the franchisee no later than 7:00 a.m. on the regularly scheduled collection day, but no sooner than twenty-four (24) hours prior thereto. Customers shall relocate their empty wheeled carts back to a location within five 5) feet of their home within twenty-four (24) hours of collection.
b.
Location of placement. Customers shall place wheeled carts containing solid waste or recyclable materials to be collected by the franchisee at the alley or street curb-face, with the handle facing the premises. The wheeled cart shall be at least three (3) feet from any obstruction which may impede automated collection, including, but not limited to, other wheeled carts, low hanging trees or shrubs, parked cars, portable basketball hoops, utility poles, or walls; and ten (10) feet from any mailbox or fire hydrant. In no case shall a wheeled cart be placed more than four (4) feet from the curb-face for collection. Wheeled carts shall be positioned clear of pedestrian and vehicular traffic and shall be clearly visible and accessible to the waste collection personnel at all times. The wheeled cart shall be placed on the roadway with the wheels of the cart against the face of the curb. If there is no way to safely place the wheeled cart in the roadway, then the wheeled cart may be placed at the edge of the curb on the sidewalk. Where a collection truck cannot reasonably access a customer's alley or street curb, franchisee shall designate an accessible location where such customer shall place wheeled carts for collection. If the franchisee designates a specific location for collection then the wheeled cart must be placed in that location. Franchisee personnel shall not be required to pass through any doors or gates, cross flowerbeds or lawns, go through hedges, or place themselves in any situation which could jeopardize their health or safety in order to provide collection services.
D.
Collection at residential multifamily premises. Multiple-family dwellings of four (4) or fewer units may elect to use either residential premises fully automated solid waste collection services, or solid waste collection services provided to commercial premises, in which case any and all applicable provisions of this chapter shall apply. Multiple-family dwellings of five (5) or more units shall use solid waste collection services as provided to commercial premises, in which case all applicable provisions of this chapter regarding commercial premises shall apply.
(Ord. 10-1450, 6-22-2010, eff. 7-5-2010; Ord. 16-1709, 11-1-2016; Ord. 19-1840, 8-20-2019; Ord. No. 25-2092, § 3, 7-22-2025)
A.
Special collection services.
1.
ADA (Americans With Disabilities Act) Service. Upon request, franchisee shall convey wheeled carts from a residence to the curb for customers who have a disability and where no other person that can provide this service resides at the residence. Though this service shall be provided at no charge, the regular residential solid waste collection fee shall apply. Customer should contact franchisee with questions regarding carryout service for appliances and bulky wastes; additional fees may apply. In order to qualify for carryout service, the customer must submit to the city utility billing services office an application in the form required by that office, with a written certification from a licensed physician verifying that the customer has a physical or mental disability and certifying that the safety or health of the customer requires such service. The customer must further certify that there is no other person in his or her household available to provide this service. Customers utilizing this service shall store wheeled cart(s) in unlocked areas clearly visible to franchisee personnel from the street or alley from which typical collections are made. The area to be entered by franchisee personnel shall not contain any animal or unsafe condition.
2.
Appliances. Franchisee shall collect major appliances upon customer request and shall deliver the appliance to a recycling facility. Franchisee shall charge a fee for such special collection as established by city fee schedule. Customer must drain all moisture and water and remove all solid waste and food products from refrigerators, freezers or other appliances prior to collection by franchisee. Franchisee shall not enter any building or structure to remove the appliance. Customer shall convey appliances to the curb for collection. Upon collection, franchisee shall ensure that refrigerants and compressor oils contained in the appliance, if any, are recycled according to applicable regulations.
3.
Bulky wastes. Franchisee shall collect bulky wastes upon request. Franchisee shall not enter any building or structure to remove bulky wastes. Customer shall convey bulky wastes to the curb for collection. Franchisee shall charge a fee for such special collection as established by city fee schedule.
4.
Missed or late collection; noncollection. Customers who place wheeled carts at the alley or curb after franchisee has serviced their area and customers who receive a notice regarding noncollection may store the uncollected solid waste and/or recyclable materials until the next regularly scheduled collection day, or may contact the franchisee to request a special collection. Franchisee may charge a fee for such special collection as established by city fee schedule.
5.
Waste exceeding weight or size standards. Franchisee may collect solid waste and/or recyclable materials in an amount that exceeds specified guidelines for weight, size and/or collection frequency, upon customer request. Solid waste and recyclable materials scheduled for such special collection shall be prepared for collection in such manner as franchisee or City Council may require. Franchisee shall charge a fee for such special collection as established by city fee schedule.
B.
Specific collection standards.
1.
Animal feces. All animal feces shall be securely contained in a sturdy, leakproof bag before being placed in a container or wheeled cart for routine collection. Containers and wheeled carts containing unbagged feces will not be collected.
2.
Dead animal remains. All dead animal remains in an amount under twenty-five (25) pounds shall be securely contained in a sturdy, leakproof bag before being placed in a container or wheeled cart for routine collection. Containers and wheeled carts containing unbagged dead animal remains will not be collected.
3.
Infectious waste. Customers discarding of infectious waste shall sterilize, package, or otherwise process the infectious waste so that it may be collected without hazard to collection personnel and/or the general public.
4.
Used motor oil. Used motor oil shall be placed in leakproof, nonopaque, unbreakable, plastic jug or bottle with a capacity of two (2) gallons or less, with a screw on lid. Such jug or bottle shall be clearly labeled "OIL", and shall contain no other fluids. Used motor oil shall be placed near, but not in, a wheeled cart on the designated collection day. Collection of used motor oil shall be limited to two (2) gallons per customer per week.
5.
Yard waste. All yard waste, trees, branches, boughs, garlands, and other organic matter should be cut to four (4) feet or less and bundled prior to disposal within a container or wheeled cart.
(Ord. 10-1450, 6-22-2010, eff. 7-5-2010)
A.
Accumulation of solid waste. It shall be unlawful for any person to dump, or to permit or to suffer to accumulate in or about any yard, lot, place or premises, or upon any street, alley or sidewalk adjacent to such lot, yard, place or premises owned or occupied by such person, any solid waste so as to cause such yard, lot, premises, or the street, alley or sidewalk adjacent thereto, to be or remain in such condition as to cause or create a nuisance or offensive odor or atmosphere or harbor vectors, or thereby to be or to become, or cause or create, a public nuisance, within the limits of the city, except that:
1.
Waste resulting from construction activities may be accumulated at an active construction site. The waste shall be managed and maintained in such a manner that it will not be blown, washed or carried to adjacent properties. All waste must be removed and disposed properly from the site prior to the end of the construction project.
2.
Compost piles may be maintained for fertilization purposes and matter used for fertilization purposes only may be transported, kept and used, provided, that the same shall not be maintained so as to cause or create a nuisance condition including, but not limited to, odor, other nuisance and/or other conditions relative to insects or disease that affect neighboring properties, cause harmful vapors or constitute a risk to the environment or public health and safety.
B.
Burning and dumping. It shall be unlawful for any person to burn, incinerate, bury, dump, or in any other manner dispose of solid waste or recyclable materials within city limits.
C.
Disposal of waste. It shall be unlawful for any person to throw, discard or deposit any solid waste or recyclable material in or upon any street, alley, sidewalk or vacant ground, or in or upon any canal, irrigation ditch, drainage ditch or other water source within city limits.
D.
Failure to utilize containers or wheeled carts. Except as may be allowed by the special collection provisions of this chapter and/or administrative rules and procedures established or adopted by City Council, it shall be unlawful for any person to leave solid waste or recyclable materials at the curb for collection in any receptacle other than a franchisee owned and supplied container or wheeled cart.
E.
Prohibited wastes. Except as may be allowed by administrative rule or procedure established or adopted by City Council, it shall be unlawful for any person to deposit or relinquish for collection or disposal any "prohibited waste" as defined herein. Customers who create or accumulate prohibited waste shall make appropriate arrangements to properly and safely collect and dispose of such waste.
F.
Overloading containers or wheeled carts. It shall be unlawful for any person to load a container or wheeled cart beyond its maximum volume or weight capacity, or in a manner which is unstable or likely to cause damage, cause littering, or impact the public health or safety. All solid waste and recyclable materials must fall freely when emptied. Container and wheeled cart lids must be left for collection in a completely closed position and swing freely open when the container or wheeled cart is emptied. Customers shall be responsible for damages, costs, expenses, fines or penalties, including tickets issued to franchisee for overweight vehicles, arising out of customer failure to observe weight limits. The maximum permissible gross weight of a loaded container or wheeled cart shall be as follows:
G.
Solid waste collection. It shall be unlawful for any person to engage in the business of collecting, transporting, hauling, or conveying any solid waste or recyclable materials over the streets or alleys of Meridian, or to cause or employ any person to do the same, unless and until such person has a franchise, license, or contract with the City of Meridian, except that:
1.
The owner or occupant of a residence where household solid waste is generated may collect, convey and dispose of such solid waste without a franchise, license, or contract with the city, so long as the receptacle used for such purpose is neither a franchisee owned wheeled cart or container, nor identical in volume and design to a wheeled cart or container available from the franchisee. Notwithstanding the applicability of this exception, the full base fee for solid waste collection services shall apply to the property.
2.
A civic, community, benevolent, or charitable nonprofit organization may collect, convey, and/or market recyclable materials for recycling, for the purpose of raising funds for that organization without a franchise, license, or contract with the city, so long as the receptacle used for such purpose is neither a franchisee owned wheeled cart or container, nor identical in volume and design to a wheeled cart or container available from the franchisee. Notwithstanding the applicability of this exception, the full base fee shall apply.
3.
A construction contractor or landscaper who produces incidental volumes of solid waste in the course of construction, demolition, or landscaping may collect, convey, and dispose of such solid waste from the premises upon which it was generated without a franchise, license, or contract with the city, so long as the receptacle used for such purpose is neither a franchisee owned wheeled cart or container, nor identical in volume and design to a wheeled cart or container available from the franchisee. Notwithstanding the applicability of this exception, the full base fee shall apply.
4.
Subject to this chapter, any person may contract with a solid waste collection provider of the person's choosing for the use of solid waste collection containers and collection services for a temporary project.
H.
Taking of solid waste or recyclables. All solid waste and recyclable materials placed for collection shall be owned by, and shall be the responsibility of, the customer until collection. Upon collection, all solid waste and recyclable materials shall become the property of the franchisee or commercial recycler. It shall be unlawful for any person to take, examine, uncover, snoop in, separate, gather, collect or salvage materials deposited in wheeled carts or containers except with the express permission of the owner or occupant or as otherwise allowed by law.
I.
Theft of collection services. It shall be unlawful for any person, except for the owner or occupant, to place or deposit any materials in a wheeled cart or container provided for the use of a specific residential or commercial premises. It shall be unlawful for any person to place solid waste or recyclable materials in a container provided for the use of a specific multifamily or commercial premises where such waste or material is not generated at such premises.
(Ord. 10-1450, 6-22-2010, eff. 7-5-2010; Ord. 13-1551, 4-23-2013, eff. 4-29-2013; Ord. No. 25-2092, § 4, 7-22-2025)
A.
Exemption. Any commercial recycler may collect, haul, transport and/or dispose of source separated recyclable materials from commercial premises located within Meridian City Limits, provided that:
1.
The commercial recycler adheres to all applicable federal, state, and local laws and regulations that govern the collection, transporting and disposal of the recyclable material(s) being collected; and
2.
The recyclable material(s) are source separated at the point of collection and are either:
a.
A "commodity", meaning that the collection of the material(s) results in a net commodity payment to the producer of the recyclable material(s) greater to or equal to any collection fees paid by the producer of the recyclable material(s) to the commercial recycler; or
b.
The type of recyclable material(s) includes, and is limited to the following:
(1)
Aluminum and/or tin cans;
(2)
Baled cardboard or other baled material that has been baled by the generator at the site of generation and is ready for market;
(3)
Batteries; consumer batteries, any type of button, coin, cylindrical, rectangular or other shaped, enclosed device or sealed container which is utilized as an energy source for commercial, industrial, medical, institutional or household uses; and/or lead acid batteries from automobiles, trucks, other vehicles, machinery and equipment;
(4)
Construction, demolition and land clearing debris, where the business performing the services is utilizing self-contained equipment such as a dump truck or attached wheeled trailer, excluding the use of the city's solid waste franchisee's roll-off or drop box containers;
(5)
Dead animals weighing more than twenty-five (25) pounds;
(6)
Fats, oil, grease or grit generated from restaurants and other food service establishments;
(7)
Glass; architectural, beverage containers, and structural;
(8)
Material, other; deposited at drop off locations on commercial premises located within the City of Meridian that accept recyclable materials for which there is no charge for collection;
(9)
Newspaper; newspapers and inserts;
(10)
Paper; stock;
(11)
Plastic; plastic bottles, jugs, and plastic byproduct of commercial manufacturing process;
(12)
Regulated material; material for which the recycling business is otherwise licensed to collect, transport, and perhaps process by a governmental or regulatory entity including, but not limited to, waste oil, antifreeze, electronic waste, hazardous waste, grease waste, and septic haulers;
(13)
Shredded material; paper, hard drives, film, media, and other byproducts of confidential records destruction business;
(14)
Scrap metal; all structural steel or ferrous metal, including crushed or shredded automobile or truck bodies, excluding auto shredder residue, or "fluff", rigid containers made exclusively or primarily of steel, tin plated steel, and composite steel, cast iron components, all noncontainer aluminum scrap including auto parts, siding, aircraft parts, lawn chairs, window and door frames, pots and pans, foils and pie plates, and other nonferrous scrap including copper and zinc;
(15)
Soil;
(16)
Textiles; cloth material such as cotton, linen, wool, nylon, polyester, etc., derived from clothing, cloth diapers, linens, carpet pads, etc.;
(17)
Tires; and/or
(18)
Wood pallets.
3.
Nothing contained within this exemption shall be interpreted to allow commercial recyclers other than the franchisee to collect commingled recyclable materials from commercial premises located within Meridian City Limits.
(Ord. 13-1551, 4-23-2013, eff. 4-29-2013)
Failure of an owner or occupant of any commercial, residential, or multifamily premises to receive regularly scheduled adequate solid waste collection service is herein declared a public nuisance by the city. The city shall have the authority to order the abatement of such nuisance at the expense of the owner or occupant of the premises. This shall not limit the right of the city or the owner to seek recovery against other responsible persons.
(Ord. 13-1551, 4-23-2013, eff. 4-29-2013)
The violation of any of the provisions of this chapter or the rules and regulations adopted hereunder shall be a misdemeanor.
(Ord. 13-1551, 4-23-2013, eff. 4-29-2013)
Graffiti means any inscription, work, figure, symbol, drawing, mark, or design that is marked, etched, scratched, drawn, or painted on any real or personal property or improvement, including, but not limited to, walls, fences, gates, pavement, buildings, rocks, trees, bridges, streets, sidewalks, and/or signs, whether such property is public, private, temporary, or permanent, without the consent of the owner of such property or the owner's authorized agent, and which inscription, work, figure, symbol, drawing, mark, or design is visible from any publicly accessible location.
Junk vehicle means any vehicle, or parts thereof, which:
A.
Cannot be safely operated under its own power;
B.
Is missing any one (1) of the following: Foot brakes, hand brakes, headlights, taillights, horn, muffler, rearview mirrors, windshield wipers, or adequate fenders;
C.
Has been declared salvage, or has been physically damaged to the extent that the cost of parts and labor minus the salvage value would make it uneconomical to repair or rebuild such vehicle; or
D.
Is otherwise in a wrecked, partially dismantled, inoperative, or dilapidated condition.
This definition shall not include junk vehicles lawfully stored or parked pursuant to the operation of a lawfully conducted business, industry or commercial enterprise.
Nuisance means anything which unreasonably injures or offends the health or senses; obstructs the free passage, comfortable enjoyment, or customary use of public or private property; or creates an actual or potential safety, health, or fire hazard. Nuisances shall include, but shall not be limited to, the following conditions designated as abatable nuisances and as general nuisances:
Abatable nuisance: Nuisance conditions that may be abated by the city in accordance with the provisions of this chapter, specifically including, without limitation, the following nuisance conditions:
A.
Nuisance weeds.
B.
Graffiti, on any surface.
C.
Snow or ice on any public sidewalk abutting or adjoining any privately owned premises.
D.
Vegetation, other than trees, that impedes or obstructs a public sidewalk or roadway.
E.
Nuisance trees.
General nuisance: Nuisance conditions that may lead to criminal charges without any prior attempt by the city to obtain abatement thereof, specifically including, without limitation, the following nuisance conditions:
A.
Nuisance materials on the ground, except that this definition shall not include the incidental leakage of nuisance materials from registered vehicles lawfully moving or parked upon a public right-of-way; the lawful application of pesticides or herbicides for purposes of controlling pests or weeds; or activity otherwise specifically allowed by law or by written permit issued by the city or other governing authority.
B.
Personal property on any portion of a public sidewalk, except as specifically allowed by law or by written permit issued by the city or other governing authority.
C.
One (1) or more junk vehicle(s), where such junk vehicle is not enclosed in any structure or otherwise concealed from public view pursuant to title 11 of this Code.
D.
Stagnant or impure water which causes or creates an offensive, unhealthy, or unsanitary condition.
E.
Refuse, vegetative decay or any decaying substance, garbage or filth of any kind which is exposed to the elements and which causes or creates an offensive, unhealthy, or unsanitary condition.
F.
Discarded matter which has no substantial market value, is exposed to the elements, and is not enclosed in any structure or otherwise concealed from public view, including, but not limited to: rubble, litter, asphalt, concrete, plaster, tile, cardboard, paper, scrap wood, scrap metal, tires, broken glass, and/or other dilapidated or deteriorating personal property.
G.
The accumulation of and/or failure to lawfully dispose of solid waste on any commercial or residential premises.
H.
Any building or structure that is so dilapidated or is in such condition as to menace the public health or the safety of persons or property due to increased fire hazard or other hazard.
I.
Any nuisance condition not otherwise enumerated in this chapter.
Nuisance materials means hazardous, noxious, dangerous, or offensive materials, including, but not limited to, oil, gasoline, fuel, antifreeze, paint, pesticides, or herbicides.
Nuisance tree means any tree or part thereof which, by reason of location or condition: constitutes a hazard to public safety; obstructs the free passage of pedestrian or vehicular traffic; fails to provide a vertical clearance of eight (8) feet over a sidewalk or fourteen (14) feet over a street; obstructs public street lighting; harbors pests or disease.
Nuisance weeds means undesirable plant growth, whether living or dead, which:
A.
Is over eight (8) inches in height;
B.
By reason of size, manner of growth, location, or dryness, constitutes a safety, health, or fire hazard to any person, building, improvement, crop, or other real or personal property;
C.
By reason of size, manner of growth, or location, impedes or obstructs a sidewalk or roadway or any portion thereof; or
D.
Is designated as a noxious weed by the State of Idaho.
This definition shall not include cultivated grasses and pastures, though such vegetation may be declared a nuisance where otherwise appropriate.
Public tree means any tree, including roots within the critical root zone, whose trunk is located, partly or in whole, on public property.
Tree means any woody plant.
(Ord. 17-1759, 12-19-2017; Ord. 20-1875, 3-10-2020)
A.
Where a nuisance exists upon property that is vacant, abandoned, and/or uninhabited, the owner of record, as reflected on the most recent assessment roll, shall be presumed to be responsible for creating, causing, committing, maintaining, and/or allowing such nuisance. Such owner of record shall be subject to any and all penalties imposed as set forth herein, and shall be responsible for payment of any and all costs incurred in abating the nuisance. The owner of record shall bear the burden of rebutting this presumption.
B.
Where a general nuisance is created by personal property on any portion of a public sidewalk, the owner of the personal property, if such owner can be identified, shall be presumed to be responsible for creating, causing, committing, maintaining, and/or allowing such nuisance.
C.
Private property owners shall be responsible for maintaining any and all public trees upon public rights of way adjacent to such private property. Where a public tree is a nuisance tree, the owner of record of the adjacent private property, as reflected on the most recent assessment roll, shall be presumed to be responsible for creating, causing, committing, maintaining, and/or allowing such nuisance. It shall be unlawful for any person to damage, mutilate or destroy any public tree; attach any device or structure to a public tree; or store, spill or dump substances, whether liquid or solid, which may be harmful to any part of a public tree.
(Ord. 19-1818, 3-19-2019; Ord. 20-1875, 3-10-2020)
A.
Applicability. The procedures set forth in this section shall apply to abatable nuisances.
B.
Abatable nuisance unlawful. It shall be unlawful for any owner, occupant, user, or person in charge or control of any property to create, cause, commit, maintain, or allow the existence of any abatable nuisance on such property, or upon any street, sidewalk or public right-of-way abutting such property including the area behind curbs, sidewalks, parking areas, and property to the center of alleys and ditches. Further, it shall be unlawful for any person to create, cause, allow, or commit any nuisance upon any public property, right-of-way, or infrastructure, including sidewalks, streets, gutters, or storm drains.
C.
Procedure. If it is determined by a Code Enforcement Officer that an abatable nuisance exists, the Code Enforcement Officer shall cause a notice of violation and order to abate to be issued to the owner, occupier, and/or person in control of such property. Such notice and order shall contain the street address and parcel number of the property, describe the nuisance existing thereon, order the abatement of the nuisance, establish the time period for abatement, specify the penalty for noncompliance, and describe the opportunity and time for appeal. The Code Enforcement Officer shall issue such notice and order to the owner, occupier, or person in control of the property on which the nuisance exists in one (1) of the following ways:
1.
By personal service upon such owner, occupier, or person in charge or control of the property; or
2.
By regular mail to such owner, occupier, or person in charge or control of the property, at the address shown on the last available assessment roll, or as otherwise known; or
3.
By posting such notice and order at a conspicuous place on the property and publishing one (1) notice in the official newspaper of the city that the property has been posted in accordance with this chapter and ordering the owner, occupier, or person in charge or control of the property.
D.
Time period for abatement. It shall be the duty of the owner, occupier, or person in charge or control of any property where any abatable nuisance exists, to abate such nuisance within five (5) calendar days from the date of personal service, mailing, or publication, except that the Code Enforcement Officer may require summary abatement of an abatable nuisance where such condition presents an imminent or ongoing threat to or impairment of human health or safety. Abatement of graffiti shall meet the following standards:
1.
Abatement of graffiti shall meet the following standards:
a.
The removal of such graffiti shall not follow the pattern of the graffiti such that the inscription, work, figure, symbol, drawing, mark, or design of such graffiti remains apparent.
b.
The removal of such graffiti by painting over it shall be reasonably similar or identical to the original color of the surface upon which such graffiti was applied.
c.
If the surface is heavily covered with graffiti, the entire surface shall be repainted.
2.
Abatement of a nuisance tree shall include tree removal, pruning, and/or removal of branches, debris, roots, stump, and/or soil, at the direction of the Code Enforcement Officer.
E.
Appeal. Within five (5) calendar days from the date of service, mailing, or publication of the notice of violation and order to abate, the owner, occupier, and/or person in charge or control of the subject property may appeal to the City Council by filing a written appeal with the City Clerk, which appeal shall enumerate the grounds for appeal. The City Clerk may schedule such appeal for hearing at the next regular meeting of City Council. City Council shall consider written and oral testimony from the appellant and shall affirm, withdraw, or modify the order to abate. The decision of the City Council shall be final. If City Council affirms the order, the appellant shall have five (5) calendar days from the date of such affirmation to abate the nuisance as ordered.
F.
Criminal penalties. If, following notice of violation and order to abate, any person allows the existence of an abatable nuisance, such person shall be guilty of a misdemeanor. Each and every day in which any such violation continues may be deemed a separate offense. Upon conviction for a violation of this section, the city shall request from the Criminal Court an order of restitution for any and all costs of abatement and/or other related costs incurred by the City. Peace officers and Code Enforcement Officers shall have the authority to issue uniform citations to violators of this section.
G.
Civil penalties. In addition to any other penalties described in this section, the city may also take civil action to obtain an order enjoining the ongoing maintenance of such property free from nuisance, and/or to recover any and all costs of abatement, enforcement, litigation, and/or prosecution including, but not limited to, attorney fees and court costs.
H.
Abatement; administrative penalties. In addition to pursuing criminal and/or civil penalties, and notwithstanding the imposition of any civil or criminal fine, penalty or imprisonment, the Code Enforcement Officer, after providing notice and hearing as provided herein, may abate or cause the abatement of any abatable nuisance where the owner, occupant, agent or person in control of property does not comply in all respects with an order to abate, the Code Enforcement Officer may abate or cause the abatement of such nuisance. The owner, occupier, and/or person in charge or control of the subject property shall be billed, assessed, and/or held responsible for any and all actual expenses of such work, and any related charges, including fees and fines that may be imposed pursuant to this chapter and/or adopted by fee schedule, pursuant to the following procedures:
1.
Recovery of abatement costs and fees. Within thirty (30) days of abatement of the nuisance, the city shall send to the owner, occupier, and/or person in charge or control of the subject property, by regular mail, a billing statement requiring payment to city the costs of abating the nuisance and administrative fee as established by fee schedule.
2.
Nonpayment of abatement costs. If full payment is not made to city within fifteen (15) days of the mailing of the billing statement requiring payment of abatement costs and fees, the city may:
a.
Attempt to recover such amount through the city bill collection procedures;
b.
Add the amount due and owing to the municipal utility service account related to the property on which the nuisance was abated and collect such amount in accordance with utility bill collection procedures; and/or
c.
Levy a special assessment against the subject property pursuant to I.C. 50-1008 and 50-334 and/or any subsequently adopted or otherwise applicable laws. Notice of the special assessment shall be sent by regular mail to the owner of the subject property, and shall state the address and parcel number of the subject property, date of abatement action taken, and state the amount to be assessed, including any applicable administrative and/or late fees, and shall state that if the assessment is not paid within thirty (30) days, the assessment will be placed on the real property tax rolls and will become a lien against such property. If payment to the City Clerk is not made within thirty (30) days after mailing the notice of special assessment, the assessment shall be declared delinquent and shall be certified, including a ten-percent late fee, to the Ada County Assessor by the City Clerk, not later than August 1 of each year. Upon such certification, the assessment shall be placed upon the tax roll and shall thereafter become a lien against the property described in the notice and shall be collected in the same manner and subject to the same penalties as other city taxes. Upon payment of the assessment, fees and penalties in full, the City Clerk shall file a release of lien with the Ada County Assessor.
I.
Summary abatement. Nothing contained herein shall prevent a Code Enforcement Officer, peace officer, or Fire Marshal from requiring, undertaking, or causing summary abatement of an abatable nuisance where such condition presents an imminent or ongoing threat to or impairment of human health or safety.
J.
Noxious weeds. In addition to other remedies set forth in this chapter, the Code Enforcement Officer may notify Ada County of the presence of any noxious weeds.
(Ord. 17-1759, 12-19-2017; Ord. 20-1875, 3-10-2020)
A.
Applicability. The procedures set forth in this section shall apply to general nuisances.
B.
General nuisance unlawful. It shall be unlawful for any owner, occupant, user, or person in charge or control of any property to create, cause, commit, maintain, or allow the existence of any general nuisance on such property, or upon any street, sidewalk or public right-of-way abutting such property including the area behind curbs, sidewalks, parking areas, and property to the center of alleys and ditches. Further, it shall be unlawful for any person to create, cause, allow, or commit any nuisance upon any public property, right-of-way, or infrastructure, including sidewalks, streets, gutters, or storm drains.
C.
Criminal penalties. Any person who causes, creates, or allows the existence of any general nuisance shall be guilty of a misdemeanor. Each and every day in which any such violation shall continue shall be deemed a separate offense. Peace officers and Code Enforcement Officers shall have the authority to issue uniform citations to violators of this section. Issuance of notice of violation and order to abate shall not be a mandatory prerequisite to issuance of a uniform citation under this section.
D.
Civil penalties. In addition to any other penalties described in this section, the city may also take civil action to obtain an order mandating the abatement of such general nuisance and ongoing maintenance of such property free from nuisance, and/or to recover any and all costs of enforcement, litigation, and/or prosecution including, but not limited to, attorney fees and court costs.
E.
Summary abatement. Nothing contained herein shall prevent a Code Enforcement Officer, peace officer, or Fire Marshal from requiring, undertaking, or causing summary abatement of a general nuisance condition where such condition presents an imminent or ongoing threat to or impairment of human health or safety.
(Ord. 17-1759, 12-19-2017)
Editor's note— Sec. 12 of Ord. No. 22-2003, adopted November 1, 2022, repealed § 4-2-5, which pertained to hindering authorized persons, and derived from Ord. No. 17-1759, adopted December 19, 2017.
A.
Purpose. By this chapter, the City Council of the City of Meridian, authorizes the mayor to quickly implement measures necessary to protect the public health, safety and welfare in the rare event of a foreseeable, imminent, or present public health hazard, pursuant to the authority vested in the mayor by Idaho Code § 50-606.
B.
Exclusions. Unless otherwise specifically prohibited by a public health hazard order duly enacted by the mayor, the following activities shall be exempt from the scope of such order:
1.
Any and all expressive and associative activity that is protected by the United States and Idaho Constitutions, including speech, press, assembly, and/or religious activity.
2.
Educational institutions, which shall follow the duly adopted policies of their respective governing bodies.
3.
Activities necessary to operate critical infrastructure and utilities.
4.
Activities necessary to operate and use medical facilities and services.
5.
Activities necessary to buy, sell, or otherwise deliver food and necessities.
C.
Force majeure. In the context of this chapter, a public health hazard is a force majeure. No person shall be entitled to recover from the City of Meridian any costs incurred or profits lost as may be alleged to be attributed to the enactment of a public health hazard order.
(Ord. 20-1877, 3-17-2020)
Isolation means the separation, confinement, or restriction of movement of an individual with an infectious disease or individual who has been exposed to an infectious agent.
Public health hazard means any pathogen, agent, vector, or environmental condition which does or may cause illness or injury to humans.
Public health hazard order means an advisory, social distancing, or isolation order enacted by the Mayor.
Social distancing means actions taken to maintain distance from other people, including avoiding or canceling congregate settings and mass gatherings.
(Ord. 20-1877, 3-17-2020)
The Mayor, being duly authorized by Idaho Code § 50-606, may issue the following orders, as deemed appropriate by the Mayor following consultation with or review of information issued by local, regional, statewide, and/or nationwide public health authorities.
A.
Advisory order. Where a public health hazard is foreseeable, the Mayor may enact an advisory order, which order may provide information and recommended guidelines for preventing, detecting, and/or mitigating the onset or spread of a public health hazard.
B.
Social distancing order. Where a public health hazard is imminent, the Mayor may summarily enact a social distancing order, which order may establish any or all of the following:
1.
Appropriate restrictions regarding the operation or occurrence of planned or foreseeable commercial, recreational, or expressive gatherings or events.
2.
Restrictions on travel through or visitation within the community.
3.
Postponement or cancelation of public meetings and hearings.
4.
A limit on the number of persons who may gather in one (1) location and may apply to indoor or outdoor venues.
5.
Measures to be taken in order to prevent, avoid, detect, address, or mitigate a foreseeable, imminent, or present public health hazard.
A social distancing order shall include an effective date and an anticipated expiration date, no later than thirty (30) days following enactment, which may be extended with the approval of City Council. A social distancing order shall apply within Meridian City Limits, and five (5) miles outside Meridian City Limits.
C.
Isolation order. Where a health hazard is present, and poses a clear danger to the public health, the mayor may summarily enact a isolation order, which order may establish any or all of the following:
1.
A directive that infected and/or exposed individuals isolate themselves from other persons.
2.
Geographical or other areas of restricted or no access.
3.
Other measures necessary to avoid, address, or mitigate an imminent public health hazard.
4.
The scope and manner of delivery of services, materials, or supplies to be provided by the city, if any.
5.
Measures to be taken in order to prevent, avoid, detect, address, or mitigate a foreseeable, imminent, or present public health hazard.
6.
Conditions of the isolation.
An isolation order shall include an effective date and an anticipated expiration date, no later than thirty (30) days following enactment, which may be extended with the approval of City Council. An isolation order shall be effective only when and for so long as the public health hazard is present, and when no less restrictive alternative exists. Any person shall be entitled to appeal an isolation order, or to request a modification of any provision of such order by filing a written appeal with the City Clerk. Such appeal shall be heard by City Council at their next meeting, or, if no meeting is scheduled during the term of the isolation order, the Fire Chief or designee shall review such appeal and issue a written decision. The Fire Chief's decision shall be final.
(Ord. 20-1877, 3-17-2020)
A.
Enactment. Where summarily enacting a public health hazard order, the mayor shall prepare a written order and publish it pursuant to this section.
B.
Publication of public health hazard order. As possible and prudent under the circumstances, the Mayor shall cause a public health hazard order to be published:
1.
Posting the order in a prominent place at Meridian City Hall;
2.
Posting the order on the city's website;
3.
E-mailing the order to all persons subscribed to city e-mail notification services;
4.
Posting the order to all city social media accounts;
5.
Providing the order to local television and radio broadcast outlets; and
6.
Notifying other government agencies, including West Ada School District, Meridian Library District, Ada County Highway District, Ada County, and other municipalities.
Except as may be specifically stated in the Public Health Hazard Order, such order shall be effective upon posting at Meridian City Hall.
(Ord. 20-1877, 3-17-2020)
It shall be unlawful to violate any provision or directive of a duly enacted social distancing order or isolation order while such order is in effect. The violation of any provision or directive of a social distancing order or isolation order shall be a misdemeanor.
(Ord. 20-1877, 3-17-2020)
As used in this chapter, terms used shall be defined as set forth in Title 10 of this Code, the codes incorporated by reference therein, and the regulations of the Idaho Department of Environmental Quality. Further, for the purposes of this chapter, the following words and phrases, and derivations thereof, shall be defined as follows:
A.
Air quality index (AQI) means a system used by the Idaho Department of Environmental Quality (DEQ) to report daily air pollution levels to the public. Monitored air pollution levels are converted to a uniform scale ranging from zero (0) to five hundred (500).
B.
Burn down means that period of time required for the cessation of combustion and/or burning.
C.
Economic hardship means fifty (50) percent or less of Ada County's median income as established by the U.S. department of housing and urban development.
D.
Incinerator means any device designed or operated to reduce the volume of refuse or solid waste by burning. Pathological incinerators are excluded from this definition.
E.
Open burning means the combustion of any material not contained in a heating appliance or incinerator.
F.
Operator means any person owning solid fuel burning equipment, or who is responsible for placing fuel into or igniting fuel within a solid fuel heating appliance.
G.
Sole source of heat means one (1) or more solid fuel heating devices which constitute the only source of heat in a building for the purpose of space heating. No solid fuel heating device shall be the sole source of heat if the building is equipped with a permanently installed furnace or heating system designed to heat the building, whether connected or unconnected from its energy source.
H.
Solid fuel heating appliance means an enclosed device designed for solid fuel combustion, including, but not limited to, a wood stove.
(Ord. No. 23-2038, § 7, 10-17-2023)
A.
AQI of seventy-four (74) or greater. Whenever the Idaho Department of Environmental Quality reports an air quality index of seventy-four (74) and forecasts air stagnation conditions to continue for at least twenty-four (24) hours, the following additional restrictions and/or prohibitions shall apply:
1.
All wood burning, including, but not limited to, burning within a solid fuel heating appliance or fireplace, shall be prohibited, except that a person who commenced wood burning prior to the issuance of the report shall have a burn down period of three (3) hours, after or within which period combustion and/or burning must cease. A person may apply for an exemption from this section by contacting the Fire Chief and demonstrating that:
a.
The solid fuel heating appliance is the sole source of heat for the structure in which it is situated; or
b.
The household using the solid fuel heating appliance demonstrates an economic hardship.
Any building constructed after March 14, 2006 shall not be eligible for an exemption. Appeal of the Fire Chief's denial of an exemption may be made by the applicant for such exemption. Such appeal shall be made in writing, shall state the reasons for such appeal, and shall be received by the City Clerk within two (2) business days of such denial. Upon receipt of such written appeal, the City Clerk shall schedule a public hearing on the appeal at the next available City Council meeting. Following a hearing on the appeal, City Council shall either affirm or reverse the Fire Chief's action. The City Council's decision on such appeal shall be a final decision.
2.
No person shall operate, or cause or allow the operation of, a solid waste incinerator.
B.
AQI of sixty (60) or greater. All open burning, even if a valid permit has been issued or no permit is required, is prohibited when the air quality index reaches sixty (60) or higher.
C.
Wood-burning appliances. No person shall cause or allow the burning of any matter other than wood fuel in a solid fuel heating appliance designed for wood fuel. Such prohibition shall include, but is not limited to, refuse or coal.
D.
Burn ban. No person shall cause or allow any burning or any matter whatsoever during a burn ban or no-burn day as designated by the Idaho Department of Environmental Quality.
(Ord. No. 23-2038, § 7, 10-17-2023)
A.
Enforcement. The Fire Chief or designee and/or any law enforcement officer shall have the authority to enforce the provisions of this chapter.
B.
Penalty. A person violating any provision of this chapter shall be guilty of an infraction, punishable by a fine of one hundred dollars ($100.00). Each day or portion of a day during which said violation occurs shall constitute a separate offense.
(Ord. No. 23-2038, § 6, 10-17-2023)