Chapter 27 27.pdfSupp. No. 39 CD27:1 Chapter 27 SOLID WASTE* Article I. General Provisions Sec. 27-1. Title. Sec. 27-2. Purpose and scope. Sec. 27-3. Powers and …

Supp. No. 39 CD27:1

Chapter 27

SOLID WASTE*

Article I. General Provisions

Sec. 27-1. Title.Sec. 27-2. Purpose and scope.Sec. 27-3. Powers and duties of Public Works Director.Sec. 27-4. Hours of collection.Sec. 27-5. Definitions.Secs. 27-6, 27-7. Reserved.

Article II. Solid Waste Containment

Sec. 27-8. Inspection of containers.Sec. 27-9. Responsibility for solid waste, green organics, and recycla-

bles. *2Sec. 27-10. Illegal dumping of solid waste; penalty.Sec. 27-11. Household medical and infectious waste.Sec. 27-12. Animal waste.Sec. 27-13. Unobstructed passage in streets and alleys.Sec. 27-14. Solid waste, green organics, or recyclables containers. *2Sec. 27-15. Condemnation of containers; removal.Sec. 27-16. Responsibility for streets, alleys and sidewalks.Secs. 27-17, 27-18.Reserved.

Article III. Solid Waste Collection

Sec. 27-19. Residential user containers; ownership, placement, respon-sibility, and enclosures. *2

Sec. 27-20. Manual solid waste collection.Sec. 27-21. Residential collection.

*Editor’s note—Ord. No. G-4623, § 1, adopted June 23, 2004, effective July 23, 2004, amended Chapter 27 in itsentirety to read as herein set out. Prior to inclusion of said ordinance, Chapter 27 pertained to similar subject and derivedfrom Ord. No. G-4341, § 3, adopted April 11, 2001, effective May 11, 2004.

Charter reference—Authority to provide for collection and disposal of solid waste, ch. IV, § 2(18), (73).Cross reference—Handbills and advertisements, ch. 3; nuisances, § 23-11 et seq.; leaving building material on streets

and sidewalks, § 23-25; offenses against public health, § 23-45 et seq.; dumping, § 23-47.3; sewers, ch. 28; streets andsidewalks, ch. 31; removal of debris and rubbish from streets and sidewalks, § 31-10; neighborhood preservation, ch. 39;environmental protection, ch. 40.

State law reference—Solid waste generally, A.R.S. § 49-701 et seq.; municipal authority relative to solid waste,A.R.S. §§ 49-704, 49-741 et seq.; littering, A.R.S. § 13-1603.

Supp. No. 39 CD27:2

PHOENIX CITY CODE

Sec. 27-22. Residential bulk trash placement and collection services.Sec. 27-23, 27-24. Reserved.

Article IV. Solid Waste Recycling

Sec. 27-25. Residential recycling program.Sec. 27-26. Residential recycling program nonparticipants and partici-

pant removal from program.Sec. 27-27. Residential contained green organics program. +1Sec. 27-28. Reserved.

Article V. Administration and Enforcement

Sec. 27-29. Authority to enforce.Sec. 27-30. Rules and regulations.Sec. 27-31. Enforcement independent of other officials.Sec. 27-32. Enforcement and cooperation of other departments.Sec. 27-33. Issuance of citation or notice of violation.Sec. 27-34. Threats and intimidation.Sec. 27-35. Violations and penalties.Sec. 27-36. Jurisdiction of court.Sec. 27-37. Abatement; appeal.Sec. 27-38. Conflicts of ordinances; liability.Secs. 27-39, 27-40. Reserved.

Article VI. Solid Waste Disposal; Facilities

Sec. 27-41. Definitions.Sec. 27-42. Disposal of special waste, lead acid batteries and motor oil.Sec. 27-43. City of Phoenix solid waste disposal facility user require-

ments.Sec. 27-44. Disposal of infectious, radioactive and hazardous waste.Secs. 27-45, 27-46. Reserved.

Article VII. Solid Waste Fees

Sec. 27-47. Application of variances; beginning of charges.Sec. 27-48. Level of solid waste fees; no exceptions.Sec. 27-49. Payment of solid waste fees.Sec. 27-50. Credits and debits of solid waste fees.Sec. 27-51. Financial responsibility deposits.Sec. 27-51.1. Reserved.Sec. 27-52. State and other governmentally imposed fees or taxes.

Supp. No. 39 CD27:3

SOLID WASTE

Sec. 27-53. Solid waste disposal facility permits; fees.Sec. 27-54. Waiver of disposal fees.Sec. 27-55. Dumping in designated areas permitted upon payment of

fee.Secs. 27-56, 27-57. Reserved.

Supp. No. 39 CD27:5

SOLID WASTE § 27-4

ARTICLE I. GENERAL PROVISIONS

Sec. 27-1. Title.

This chapter will be known as the "SolidWaste Ordinance of the City of Phoenix," maybe cited as such, and will be referred to herein-after as "this chapter." *1(Ord. No. G-4623, § 1, adopted 6-23-2004, eff.7-23-2004; new style in use as of 8-1-2011)Date of Addition/Revision/Deletion - Section 27-1*1 Revision on 11-28-2012 by Ordinance No. G-5756,

eff. 1-18-2013

Sec. 27-2. Purpose and scope.

The purpose of this chapter is to protect thehealth and safety of the citizens of the City andto protect the environment by establishing min-imum standards for the storage, collection,treatment, transportation, processing, and dis-posal of solid waste, green organics, and recy-clables. In addition, this chapter identifies feescharged by the City to recover the city’s coststo provide solid waste program. *1(Ord. No. G-4623, § 1, adopted 6-23-2004, eff.7-23-2004; new style in use as of 8-1-2011)Date of Addition/Revision/Deletion - Section 27-2*1 Revision on 5-28-2014 by Ordinance No. G-5920,

eff. 7-7-2014

Sec. 27-3. Powers and duties of PublicWorks Director.

The Director, in order to protect the healthand safety of the citizens and the environmentof the City, is authorized and directed to imple-ment and enforce the provisions of this chapterto control the storage, collection, treatment,transportation, processing, and disposal ofsolid waste, green organics, and recyclables.The Director is further authorized and directedto provide public solid waste disposal facilitiesfor solid waste originating within the City.

Nothing in this chapter is intended to or may beconstrued so as to infringe or supplant theauthority of the Maricopa County HealthDepartment, Arizona Department of HealthServices, Arizona Department of Environmen-tal Quality, or the United States EnvironmentalProtection Agency in this area pursuant to Fed-eral and State laws. *1 *2(Ord. No. G-4623, § 1, adopted 6-23-2004, eff.7-23-2004; new style in use as of 8-1-2011)Date of Addition/Revision/Deletion - Section 27-3*1 Revision on 11-28-2012 by Ordinance No. G-5756,

eff. 1-18-2013*2 Revision on 5-28-2014 by Ordinance No. G-5920,

eff. 7-7-2014

Sec. 27-4. Hours of collection.

A. In order to prohibit the disturbance of thepublic peace and welfare, it shall be unlawfulfor the City or a private waste disposal com-pany to collect or remove or to cause, permit,facilitate, aid, or abet the collection or removalof solid waste, green organics, or recyclablesbetween the hours of 10:00 p.m. and 6:00 a.m.if the collection point or container location iswithin 200 feet of any residential dwelling unitunless reasonable alternative accommodationsare approved by the Director. *1 *2

B. For purposes of this section, privatewaste disposal company means any entity otherthan the City, whether commercial, nonprofit,or otherwise, collecting solid waste, greenorganics, or recyclables. *2(Ord. No. G-4623, § 1, adopted 6-23-2004, eff.7-23-2004; new style in use as of 8-1-2011)Date of Addition/Revision/Deletion - Section 27-4*1 Revision on 11-28-2012 by Ordinance No. G-5756,


eff. 7-7-2014

§ 27-5 PHOENIX CITY CODE

Supp. No. 39 CD27:6

Sec. 27-5. Definitions.

For the purposes of this chapter, the follow-ing definitions apply: *1

Alley: A public passageway affording asecondary means of access to abutting prop-erty for utility, emergency, and solid wastevehicles. *2

Animal waste: Consists of large animalwaste, research animal waste, and small ani-mal waste as defined herein: +2

1. Large animal waste: Is animalwaste, discarded bedding or floor-ing materials (such as straw orsawdust), or other materials fromyards, pens, corrals, stables, orother containment structures fordomestic animals (such as cattle orhorses) or permitted wild animals,which are both herbivores andweigh more than 150 pounds. +2

2. Research animal waste: Is animalcarcasses, body parts, or the bed-ding of animals that have beeninfected with agents that can causehuman infection. +2

3. Small animal waste: Is animalwaste, discarded bedding or floor-ing materials (such as straw, saw-dust, or paper) from yards,kennels, dog or cat runs, chickenpens, aviaries, or other contain-ment structures for domestic ani-mals (such as dogs, cats, or fowl,including birds, chickens, ducks,or geese), or other tame or permit-ted wild animals, weighing 150pounds or less. +2

Ashes: All residue from the burning of anycombustible material but does not include

ashes from medical waste, hazardous waste,or special waste. *1 *2

Automated contained solid waste collec-tion system: A contained solid waste collec-tion system that utilizes City-specified solidwaste containers and a solid waste collectionvehicle equipped with a mechanized liftingdevice. *2

Bin system: A contained solid waste col-lection system that utilizes large containersvarying in size. *2

Biohazardous medical waste: Any wastethat is composed of, or has as a constituent,one of the following: +1

1. Cultures and stocks: Discardedcultures and stocks generated inthe diagnosis, treatment, or immu-nization of a human being or ani-mal or in any research relating tothat diagnosis, treatment, orimmunization, or in the productionor testing of bacteria; +1

2. Human blood and blood products:Discarded products and materialscontaining free-flowing blood orfree-flowing blood components;and +1

3. Human pathological waste: Dis-carded organs and body partsremoved during surgery. +1

Bulk trash: Items as defined in Section 27-22.

City: City of Phoenix.

Churches: A facility identified and usedas a place of religious worship. *1

Collection begins date: The first day ofthe scheduled collection period, as estab-lished and published by the Director.

Supp. No. 39 CD27:7

SOLID WASTE § 27-5

Commercial containers: A solid wastecontainer for use by a commercial user.

Commercial or industrial establishments:Any building, structure, or premises notdefined as a dwelling unit in this section. *2

Commercial user: Any person, business,non-City resident, and any other user that isnot defined herein and is not a resident user.*2

Compactor or roll-off system: A con-tained solid waste collection system that usesa stationary solid waste compactor and com-pactor bins or open top roll-off boxes.

Composting: A controlled condition underwhich organic material decomposes and sta-bilizes.

Construction and demolition solid waste:All solid waste, building materials, rubble,soil, and spoils resulting from construction,remodeling, repair, and demolition opera-tions. *2

Contained solid waste materials: Solidwaste, green organics, and recyclablesplaced in designated containers for disposal.*2

Contaminated load: Any load of solidwaste, green organics, or recyclables con-taining unacceptable material. *2

Contaminated recycling container: AnyPhoenix recycling container containingmaterial or solid waste that is not recyclableor accepted in the City’s recycling programas determined by the Director and publishedby the Department. +1 *2

Department: The City of Phoenix PublicWorks Department.

Director: The Public Works Director orthe Director’s designee. *1

Dwelling unit:

1. A single unit providing indepen-dent living facilities for one ormore persons including provisionsfor living, sleeping, eating, cook-ing and sanitation; or

2. One or more rooms within a build-ing arranged, designed or used forresidential purposes for one ormore persons and containing inde-pendent sanitary and cookingfacilities.

3. Dwelling unit and living unit areterms that may be used inter-changeably. +1

Fly-tight: The lid of the container must fitflush around all contact points and prevententry of flies or rodents.

Front-load container: A container rang-ing from two to eight cubic yards collectedby an automated front-load vehicle. +2

Garbage: Swill, offal, and any accumula-tion of spoiled, partially or fully decom-posed, rotting or discarded animal,vegetable, or other matter that attends thepreparation, handling, consumption, storage,or decay of plant and animal matter includ-ing meats, fish, fowl, buds, fruits, vegetable,or dairy products and their waste wrappers orcontainers. *2

Green organics: Vegetative waste includ-ing plant clippings and trimmings, cut treebranches and limbs, clean untreated woodwaste or lumber, and large animal waste, anddoes not include palm fronds or oleandermaterial unless otherwise determined by theDirector and published by the Department.+1 *2


Supp. No. 39 CD27:8

Green organics container: Is a receptacle:+2

1. Owned, clearly identified, andissued by the City to a person thatelects and pays to participate in thegreen organics curbside collectionprogram; and +2

2. Is used exclusively for the storageof green organics until it is col-lected. +2

Gross vehicle weight (GVW): Weight ofvehicle plus load and driver of the vehicleused to determine fee for City of Phoenixsolid waste disposal services.

Hazardous waste: Polychlorinated biphe-nyls (PCBs) and any waste so defined by theprovisions of Title 49, Chapter 5, Article 2,Arizona Revised Statutes, and 40 CFR Part261.

Home appliance: Includes but is not lim-ited to washers, dryers, stoves, dishwashers,hot water heaters, refrigerators, freezers,televisions, and computer equipment. +2

Hot load: Any vehicle carrying solidwaste observed to be smoldering, smoking,on fire, giving off toxic odor, or leaking apotentially caustic substance.

Household hazardous waste: Any wastethat would otherwise be a hazardous wastepursuant to Title 49, Chapter 5, Article 2,Arizona Revised Statutes, and 40 CFR Part261 but is excluded as a hazardous wastebecause it is generated by the normal day-to-day activities of households.

Imminent health or safety hazard: Condi-tion of real property, solid waste, or recy-cling container that places a person’s life,health, safety, or property in high risk ofperil when such condition is immediate,

impending on the point of happening andmenacing. *2

Incipient hazard: Condition of real prop-erty that can become an imminent or healthhazard if further deterioration occurs that cancause unreasonable risk of death or severepersonal injury.

Industrial solid waste: Any solid waste asdefined in this section produced as a result ofany industrial operation.

Infectious solid waste: Any material thatis or may reasonably be expected to be con-taminated with agents that cause or signifi-cantly contribute to the cause of increasedinfection or infectious disease in humanbeings. *1 *2

Institutional establishment: Any school,church, nonprofit organization, or govern-ment facility. Dwelling units owned or oper-ated by the institutional establishment arenot included in this definition. *1 *2

Manual solid waste collection fee: Feescharged for manual collection or disposalservices. *1

Manual solid waste collection system: Asolid waste collection system that uses man-ual labor to load solid waste into a collectionvehicle.

Material recovery facility: A site used forthe collection, storage, and processing ofrecyclables. *2

Medical sharps: Discarded sharps used inanimal or human patient care, medicalresearch, or clinical laboratories. Thisincludes hypodermic needles, syringes,pipettes, scalpel blades, blood vials, needlesattached to tubing, broken and unbrokenglassware, and slides and cover slips. +1

Supp. No. 39 CD27:9

SOLID WASTE § 27-5

Medical solid waste: Animal tissue or anypart of an animal body that has beenremoved by surgery, and any contaminatedmaterial such as, but not limited to, tissues,bandages, and hypodermic needles. *1 *2

Mobile home development: A subdivisiondesigned for mobile homes in which the lotsare individually owned.

Mobile home park: Property owned andoperated for the purpose of leasing or rentingout mobile home space to tenants.

Motor vehicle tire: A passenger car orlight truck tire.

Multifamily dwelling units: A building orbuildings attached to each other that containtwo or more dwelling units. This term isintended to apply to dwelling unit types suchas duplex, triplex, fourplex, and apartments.*2

Non-combustible solid waste: Any mis-cellaneous solid waste materials that will notburn at ordinary incinerator operating tem-peratures (up to 2,000 degrees F) and are theinorganic component of solid waste. *1 *2

Non-hazardous liquid waste: Any liquidwaste defined as non-hazardous liquid wasteby the Arizona Department of Environmen-tal Quality. *2

Non-profit agencies: Any entity recog-nized by the Internal Revenue Service ashaving 501(C)(3) status; a tax-exempt orga-nization. *2

Obnoxious materials: Any solid wastethat, when exposed, is unpleasant or offen-sive to the senses due to its odor or condition.

Organic materials: See Green organicsdefinition. +2

Owner: A person, persons, or legal entitylisted as current title holder as recorded in

the official records of the Maricopa CountyRecorder’s Office.

Pathogenic liquid or solid waste: Any liq-uid or solid waste causing or capable of caus-ing disease.

Person: Any individual, institution, state,municipal, county or private corporation,individual partnership, or other entity. *2

Premises: Land, buildings, or other struc-tures, or parts thereof, where solid waste isstored or accumulated.

Private solid waste collection haulers:Solid waste collection operations owned andoperated by private individuals or businessesthat hold a privilege tax license issued by theCity. *1

Public buildings: All buildings or struc-tures owned or leased by governmentalagencies and used for the purpose of con-ducting public business.

Public housing: All buildings owned oroperated by the City to provide living quar-ters to eligible residents. *1

Public nuisance: Anything that is injuri-ous or obnoxious to health, or is offensive tothe senses, or is an obstruction to the free useof property, so as to interfere with the com-fortable enjoyment of life or property by anyconsiderable number of persons, or thatobstructs the free passage or use, in the cus-tomary manner, of any street, alley, side-walk, or public property. *1

Published by the Department: Publicationof written information, materials or docu-ments by the Department in a mannerintended to provide notice to interested par-ties. Publication may be accomplished bydirect mailing, conspicuous posting at Cityfacilities, or posting on the City’s website.+2


Supp. No. 39 CD27:10

Putrescible solid waste: Solid waste thatis capable of being decomposed by microor-ganisms with sufficient rapidity to cause nui-sances from odors or gases and capable ofproviding food for or attracting birds,insects, snakes, rodents, or animals capableof transferring a diseased bacterium or virusfrom one organism to another. *1 *2

Recyclables: Clean solid waste that can berecycled including plastic and glass bottles,jugs, jars, and tubs; cardboard and foodboxes; metal cans and beverage containers;newspaper, paper, envelopes, mail, maga-zines, and phone books; small metal appli-ances and scrap metal pieces; and mixedrigid plastic products. Items may be added ordeleted from the list of acceptable recycla-bles by the Director and published by theDepartment. *1 *2

Recycling container:

1. A receptacle owned, clearly iden-tified, and issued by the City toparticipating recycling programusers for their use as part of theCity’s recycling collection pro-gram; and *1 *2

2. A receptacle used exclusively forthe storage of recyclables untilthey are collected.

Recycling nonparticipant: Recycling optout or a resident that has been removed fromthe City’s recycling collection program. +1

Recycling opt out: A resident that has pro-vided written notice to the City that the resi-dent has elected to not participate in theCity’s recycling collection program. +1

Refrigerants: Chlorofluorocarbon (CFC)and hydrochlorofluorocarbons (HCFC) andother ozone depleting substances as defined

in 40 CFR Part 83 Subpart F, and ammoniawhen used in an appliance. *1

Residential user: Any natural person liv-ing within the City boundaries paying a Citymonthly fee for residential solid waste ser-vice, and disposing of only solid waste,green organics, or recyclables generatedfrom a dwelling unit. *2

Responsible party: An occupant, lessor,lessee, agent, licensee, owner, or other per-son having control over a structure or parcelof land.*1 *2

Roll-off container: A container used tocollect waste material that is eight cubicyards or greater and collected with a roll-offvehicle. +2

Schools: All public and private buildingsused for preschool, elementary, specialized,or higher education purposes.

Solid waste: Any garbage, bulk trash, andother materials or products, including putres-cible and nonputrescible waste, organic andinorganic waste, combustible and noncom-bustible waste, and liquid nonhazardouswaste, but not including hazardous waste orhuman body parts. *1 *2

Solid waste container: A receptacleowned and issued by the City used exclu-sively for the storage of solid waste, exclud-ing construction and demolition solid waste,until it is collected. *1

Solid waste disposal facility: Any siteowned, operated, or utilized by any personfor the collection, source separation, storage,transportation, transfer, processing, treat-ment, or disposal of solid waste. *2

Solid waste fee: A fee assessed by the Cityfor solid waste services. *2


SOLID WASTE § 27-9

Special waste: All solid waste that is listedor classified as a special waste pursuant toTitle 49 Arizona Revised Statutes. +1

Tare weight: Empty weight of vehiclewith driver.

Townhouses or condominiums: All indi-vidually owned dwelling units sharing acommon area and with two or more unitssharing a common wall.

Unacceptable material: Any material theCity has deemed improper for collection asdetermined by the Director and published bythe Department. +2

Volume based service fee: A fee chargedfor collection or disposal services based onthe quantity of waste material, the size ofcontainer, or both. *1 *2

Watertight: The lid of the container mustfit flush around all contact points and prevententry of rain.

(Ord. No. G-4623, § 1, adopted 6-23-2004, eff.7-23-2004; new style in use as of 8-1-2011)Date of Addition/Revision/Deletion - Section 27-5+1 Addition on 11-28-2012 by Ordinance No. G-5756,


eff. 1-18-2013+2 Addition on 5-28-2014 by Ordinance No. G-5920,


eff. 7-7-2014

Sec. 27-6, 27-7. Reserved.

ARTICLE II. SOLID WASTE CONTAINMENT

Sec. 27-8. Inspection of containers.

Provisions shall be made for regular inspec-tions by the Department to secure compliancewith this chapter with reference to containment

of solid waste, green organics, or recyclables.The Director has the right to enter commercial,industrial, and institutional establishments forinspection purposes. *1 *2(Ord. No. G-4623, § 1, adopted 6-23-2004, eff.7-23-2004; new style in use as of 8-1-2011)Date of Addition/Revision/Deletion - Section 27-8*1 Revision on 11-28-2012 by Ordinance No. G-5756,


eff. 7-7-2014

Sec. 27-9. Responsibility for solid waste,green organics, and recycla-bles. *2

A. The responsible party of any premises orbusiness establishment is responsible for thesolid waste, green organics, or recyclables untilthose waste materials are collected by the City,agents of the City, or licensed solid waste haul-ers. *1 *2

B. The responsible party of any premises,business establishment, or industry is responsi-ble for the sanitary condition of said premises,business establishment, or industry, and for theproper storage, containment, and placement forcollection of all solid waste, green organics,and recyclables. Except as provided in thischapter, it is a violation for any person to bury,dump, dispose, or release upon any street, alley,right-of-way, or public land any solid waste,green organics, or recyclables, including con-struction and demolition solid waste and tires.*1 *2(Ord. No. G-4623, § 1, adopted 6-23-2004, eff.7-23-2004; new style in use as of 8-1-2011)Date of Addition/Revision/Deletion - Section 27-9*1 Revision on 11-28-2012 by Ordinance No. G-5756,


eff. 7-7-2014



Sec. 27-10. Illegal dumping of solidwaste; penalty.

A. It is a violation for any person to dump,dispose, release, or cause to be dumped, dis-posed or released, any solid waste or hazardouswaste upon any street, alley, right-of-way, orpublic or private property within the Cityexcept as specifically permitted in this chapteror at a disposal site authorized by the MaricopaCounty Health Department, Arizona Depart-ment of Health Services, or Arizona Depart-ment of Environmental Quality. *1 *2

B. Penalty. Violation of subsection A ofthis section is punishable pursuant to Section27-35. *1

C. In addition to the penalty imposed pursu-ant to subsection B of this section, a person inviolation of subsection A of this section mustmake restitution to the City for all cleanup anddisposal costs incurred by the City. *1

D. If a violation of this section involves avehicle, the person or persons in whose namesuch vehicle is registered may be presumedresponsible for such violation.(Ord. No. G-4623, § 1, adopted 6-23-2004, eff.7-23-2004; new style in use as of 8-1-2011)Date of Addition/Revision/Deletion - Section 27-10*1 Revision on 11-28-2012 by Ordinance No. G-5756,


eff. 7-7-2014

Sec. 27-11. Household medical and infec-tious waste.

All household medical and infectious solidwaste including lancets, syringes, and hypoder-mic needles must be properly contained beforedisposing of in the solid waste container.Household and infectious waste must be placedin plastic bags and securely tied before placingin the solid waste container. Lancets, syringes,

and hypodermic needles must be placed in arigid, leak-proof, and puncture resistant con-tainer with a secured and taped lid and must beclearly labeled identifying the contents beforebeing placed in the solid waste container.Depositing or disposing of household medicaland infectious waste or lancets, syringes andhypodermic needles in any recycling containeris prohibited. Nonhousehold medical and infec-tious solid waste must be disposed of as speci-fied in Section 27-44. *1(Ord. No. G-4623, § 1, adopted 6-23-2004, eff.7-23-2004; new style in use as of 8-1-2011)Date of Addition/Revision/Deletion - Section 27-11*1 Revision on 5-28-2014 by Ordinance No. G-5920,

eff. 7-7-2014

Sec. 27-12. Animal waste.

A. Wastes from animals and pets must beremoved and disposed of to prevent creation ofa nuisance or health and safety hazard. *1

B. Small animal waste from typical domes-tic pets such as dogs and cats must be placed ina plastic bag, securely tied and placed in a solidwaste container. *1

C. The City may collect large animal wastefrom animals such as horses and livestock. Ifthe City collects such waste, it may charge aseparate fee and require the use of an alternatecollection method. *1 *2

D. All animal owners and custodians mustimmediately clean up and properly dispose ofwastes left by their animals on any publicstreet, alley, gutter, sidewalk, right-of-way, orpark. *1(Ord. No. G-4623, § 1, adopted 6-23-2004, eff.7-23-2004; new style in use as of 8-1-2011)Date of Addition/Revision/Deletion - Section 27-12*1 Revision on 11-28-2012 by Ordinance No. G-5756,


eff. 7-7-2014


SOLID WASTE § 27-14

Sec. 27-13. Unobstructed passage instreets and alleys.

A. It is a violation for any person to permittrees, shrubs, or brush growing upon their prop-erty to encroach on or over any public right-of-way so as to interfere with the movement ofpersons or vehicles. It is the responsibility ofthe responsible party to trim trees or shrubberyon their property and in the adjacent right-of-way back to their property line and allow 18-foot height clearance. *1 *2

B. It is illegal to have any obstruction,including but not limited to parked vehicles,within 15 feet of a solid waste or recycling con-tainer placed out for collection service or toobstruct the solid waste or recycling collectionoperations in any other manner. *1(Ord. No. G-4623, § 1, adopted 6-23-2004, eff.7-23-2004; new style in use as of 8-1-2011)Date of Addition/Revision/Deletion - Section 27-13*1 Revision on 11-28-2012 by Ordinance No. G-5756,


eff. 7-7-2014

Sec. 27-14. Solid waste, green organics, orrecyclables containers. *2

General statement. The responsible party ofany premises, business establishment, or indus-try is responsible for the sanitary condition ofthe premises, business establishment, or indus-try and for the proper storage, containment, andplacement for collection of all solid waste,green organics, and recyclables. All solidwaste, green organics, and recyclables must bestored in a manner that does not present a healthor safety hazard or public nuisance, includingbut not limited to the breeding of insects. Noperson may place, deposit, or allow to beplaced or deposited on their premises or privateproperty, any public street, alley, or right-of-way any solid waste, green organics, or recy-

clables except in a manner prescribed in thischapter. *1 *2

A. General requirements.

1. All responsible parties using oroccupying any dwelling unit, com-mercial, industrial or institutionalestablishment, or premises withinthe corporate limits of the Citywhere solid waste and recyclablesaccumulate must store their solidwaste, green organics, and recy-clables in watertight and fly-tightcontainers. *1 *2

2. Solid waste, green organics, andrecyclables must be stored, col-lected, and hauled for disposal inaccordance with the MaricopaCounty Health Code, ArizonaDepartment of Health Services,and Arizona Department of Envi-ronmental Quality Regulations. *1*2

3. It is the container users’ andresponsible parties’ obligation toproperly store solid waste, greenorganics, or recyclables generatedon their premises and to keep thearea around the container continu-ously clear and free of all debris. Ifthe property has alley solid wasteservice, the term area includes thealley. *2

4. A minimum service level of notless than one-fourth cubic yard perdwelling unit, collected twiceweekly, is required. One-fourthcubic yard is equivalent to 43 U.S.gallons. *1 *2

5. All solid waste, green organics,and recycling containers must be



maintained in a sanitary condition.Containers may not be stored ormaintained in such a manner as toconstitute a nuisance, health, orsafety hazard. *1 *2

6. It is unlawful for any person notauthorized by the responsibleparty to remove, collect, or disturbthe solid waste, green organics,and recyclables stored in such con-tainers or to remove from a solidwaste, green organics, or recyclingcontainer any solid waste, greenorganics, or recyclables set out forcollection and disposal by theCity, agents of the City, orlicensed solid waste haulers. Thisprohibition does not apply to lawenforcement officers acting withinthe scope of their official duties.*1 *2

7. It is unlawful for any person to uti-lize the solid waste, green organ-ics, or recycling containers orreceptacles assigned to other per-sons for the disposal of solidwaste, green organics, or recycla-bles without their permission. Thisdoes not apply to the automatedsolid waste or recycling collectionsystem where residents share theuse of common containers. *1 *2

8. The lids or covers of any solidwaste, green organics, and recy-cling containers must at all timesbe kept secure in such a manner toprevent intrusion of moisture,infestation of insects, and scatter-ing of solid waste, green organics,or recyclables. Covers must bekept closed except when contain-

ers are being loaded or emptied. *1*2

9. Each solid waste, green organics,or recycling container must beplaced on or adjacent to the prop-erty of the authorized user at alocation approved by the Director.*1 *2

10. Alley solid waste and recyclingcontainers must be placed on oneside of the alley, as determined bythe Director. No container may beplaced so as to restrict egress froman exit door or beneath a fireescape. No container may beplaced under a street floor windowunless such window is of fire-resistant construction. *1

11. Non-alley solid waste, greenorganics, and recycling containersmust be located in such a mannerto not interfere with pedestrians orvehicles at a location approved byDirector. *1 *2

12. All boxes, cartons, and crates mustbe collapsed before being placedin solid waste or recycling con-tainers. Ashes must be soaked withwater to extinguish any liveembers and contained in tied bagsbefore placement in solid wastecontainers. *1

13. Explosives or flammable materialsof any kind may not be placed inany solid waste, green organics, orrecycling container. *1 *2

14. Corrosives, reactives, oxidizers,lead acid batteries, or any hazard-ous waste may not be disposed of



in solid waste, green organics, orrecycling containers. *1 *2

15. Pool chemical containers must beemptied, rinsed, drained, andmoisture free prior to being placedin a solid waste or recycling con-tainer. *1 *2

B. Residential user requirements.

1. All household solid waste andgrass must be bagged and securelytied before being placed in a solidwaste container. Solid waste mustbe drained of all liquids and tied inwaterproof bags before beingplaced in a solid waste container.*1 *2

2. Green organics materials must bedisposed of as specified in Section27-27. +2

3. Recyclable materials must be dis-posed of as specified in Section27-25. *1 *2

4. Construction and demolition solidwaste may not be placed in a solidwaste, green organics, or recyclingcontainer. If such construction anddemolition solid waste is gener-ated, the responsible party isresponsible for the removal anddisposal of such solid waste. Allconstruction and demolition solidwaste must be removed promptlyand may not be stored in any loca-tion where it may be blown or oth-erwise dispersed beyond theconstruction site. The City may,upon request from the responsibleparty, provide containers for suchconstruction and demolition solid

waste for a different and separatefee. *1 *2

5. It is unlawful to place material inany solid waste, green organics, orrecycling container of a volume orweight that prevents the collectionvehicle from emptying the con-tainer or that damages the collec-tion vehicle or container. Themaximum weight of materialplaced in any container up to 100gallons may not exceed 200pounds. The maximum weight ofmaterial placed in a 300-galloncontainer may not exceed 500pounds. *1 *2

6. It is unlawful for any person notauthorized by the City to utilize forother than its intended purpose thelid from any solid waste, greenorganics, or recycling container.*1 *2

C. Commercial user requirements.

1. The owner or responsible party ofany commercial or privatelyowned recycling, solid waste, orgreen organics container placed onprivate property, alley or in theCity right-of-way is responsiblefor maintaining the area within a25-foot radius around the con-tainer or bin in a sanitary condi-tion, and preventing the scatteringor blowing around of materialsdeposited. *1 *2

2. Commercial users must, where thevolume of solid waste or recycla-bles accumulated cannot be conve-niently handled in cans or bags,provide bins or compactor bins forcontainment of solid waste or



recyclables. Such bins or compac-tor bins must be constructed ofdurable non-absorbent, noncom-bustible material, and have suit-able fly-tight and watertightcovers. *1

3. All commercial containers locatedon commercial users’ premisesmust be placed or concealed insuch a manner so as to minimizevisibility from the street or publicwalkways. *1

4. All non-City solid waste and recy-cling containers that have a capac-ity in excess of 32 gallons, or areaccessible to the general public,must be identifiable by indicatingthe responsible party’s name andtelephone number on the containerand must meet all City zoning andpermit requirements. The con-tainer identification must be legi-ble from a minimum distance often feet. *1 *2

5. All solid waste generated by com-mercial, institutional and indus-trial establishments is prohibitedfrom being deposited or disposedof in any City-owned containerunless collection service is beingprovided to the establishment bythe City.

6. Commercial users will, uponrequest of the Director, be requiredto show documentation of themethod of collection and removal

of solid waste or recyclables theygenerate. *1

(Ord. No. G-4623, § 1, adopted 6-23-2004, eff.7-23-2004; new style in use as of 8-1-2011)Date of Addition/Revision/Deletion - Section 27-14*1 Revision on 11-28-2012 by Ordinance No. G-5756,


eff. 7-7-2014

Sec. 27-15. Condemnation of containers;removal.

A. If use of a solid waste, green organics, orrecycling container is in violation of this chap-ter and presents a health or safety hazard, theDirector may issue a notice of violation to theresponsible party. Notification may consist oftagging the solid waste or recycling containerwith a notice of violation, or by delivering anotice of violation in person or by mail to theresponsible party. *1 *2

B. If action necessary to remedy the viola-tion is not taken within the period specified, theDirector has the right to remove the solid waste,green organics, or recycling container and dis-pose of it in accordance with Section 27-37. *1*2(Ord. No. G-4623, § 1, adopted 6-23-2004, eff.7-23-2004; new style in use as of 8-1-2011)Date of Addition/Revision/Deletion - Section 27-15*1 Revision on 11-28-2012 by Ordinance No. G-5756,


eff. 7-7-2014

Sec. 27-16. Responsibility for streets,alleys and sidewalks.

A. The owner and any responsible party incontrol of any land abutting a sidewalk, alley,or street must maintain the sidewalk, alley, orstreet free from: *1 *2

1. The accumulation of solid waste; +2



2. Trees, shrubs, or brush impeding pedes-trian or vehicular traffic; and +2

3. Other conditions that present a health,fire, or safety hazard. +2

B. The areas required to be maintained pur-suant to this section are:

1. Any portion of a street, that has beenopened for public use, between the curbline and the abutting property lineincluding sidewalks. *1

2. One-half the width of abutting alleysfrom the property line to the centerlineof the alley.




eff. 7-7-2014

Sec. 27-17, 27-18. Reserved.

ARTICLE III. SOLID WASTE COLLECTION

Sec. 27-19. Residential user containers;ownership, placement,responsibility, and enclosures.*2

A. The frequency of contained solid wastecollections will be in accordance with the Mar-icopa County Health Code and the ArizonaDepartment of Environmental Quality Regula-tions. *1

B. Collection days will be as designated bythe Director. *1

C. The Director determines the service levelrequired and method of collection. Residentsmay request different levels of service based onservice levels and fees established in Section27-48.

D. The City specifies and may purchase orown the containers that are provided to resi-dents for no other purpose than as solid waste,green organics, or recycling containers. *1 *2

E. The Director will decide on which side ofthe alley and where the containers will beplaced. Residents receiving curbside servicemust place their containers at the curb in frontof their residence in such a manner that itallows for the safe and efficient operation of thecollection vehicle and does not interfere withpedestrian or vehicular traffic. Containers mustbe placed so that they open towards the street oralley. *1

F. Residential lots that cannot be safely orefficiently serviced using the City’s standardsolid waste equipment will be assessed a differ-ent and separate fee as set by the Director. Sit-uations where a different and separate fee mayapply include, but are not limited to, hillsidedevelopments, private streets, dead-end streetswithout adequate turnarounds, and multi-fam-ily dwelling units.

G. The City is responsible for cleaning onlyshared use alley containers. The responsibleparty is responsible for cleaning the individualcontainer(s) assigned to their property. *2

H. All containers issued by the City for usein conjunction with an automated loadingdevice remain the City’s property. The City isresponsible for repairs to the City-owned con-tainers when damage is caused during normalusage. Containers must be secured, betweencollection days, in such a manner that they arenot readily susceptible to theft or vandalism.Anyone found to have intentionally or negli-



gently damaged a City-owned container will beliable for the replacement or repair cost. *1 *2

I. Only the Director is authorized toremove any City-owned solid waste, greenorganics, or recycling container from itsassigned location. It is unlawful for any otherperson to remove a container from the addressto which it is assigned. *1 *2

J. To ensure containers are placed out ontime, containers may be placed at the curb after6:00 p.m. on the day preceding collection. Con-tainers for street collection must be placed atthe curb for service no later than 5:30 a.m. onthe day of collection. They must be removedprior to 5:30 a.m. of the day after collection. Itis unlawful to place or permit containers toremain adjacent to the curb except upon regularcollection days. Containers must be stored,between collection days, on the user’s propertyso as not to interfere with pedestrian or vehicu-lar traffic. *1

K. All solid waste and recycling containerenclosures must be approved by the Directorand constructed according to City Codes. Theenclosures must be designed and constructed toallow for:

1. A minimum of two and one-half feetdistance between all inside walls of theenclosure and the side edges of the solidwaste container.

2. If the enclosure wall is over five feethigh, an additional 12 inches of clear-ance between the top back edge of thesolid waste container and the back wallof the enclosure will be required foreach additional foot in height, up to amaximum clearance of six feet. *1

3. The front top edge of the solid wastecontainer must not extend beyond thefront face of the side wall.

4. Any variation or modifications must beapproved by the Director.



eff. 7-7-2014

Sec. 27-20. Manual solid waste collection.

A. The City may, at the Director’s discre-tion, utilize a manual solid waste collectionsystem for residential collection in areas whereautomated collection vehicles cannot safely orefficiently operate.

B. All containers for manual collectionmust be maintained by the responsible party ina sanitary condition and must be thoroughlycleaned as needed. *1

1. Containers may not be less than ten normore than 32 gallons capacity each.They will be constructed of galvanizedsteel, heavy-duty plastic, or equivalentmaterial with a tight fitting lid or coverand with handles strong enough for lift-ing and emptying. *1 *2

2. Containers may not be affixed to anyattachment such as carts, fences, poles,stands, or similar objects. Containersmust be removed from underground orenclosed receptacles and placed out forcollection. *1 *2

C. Wet strength plastic bags may be used inlieu of containers. Bags must have a capacity ofnot less than ten gallons nor more than 32 gal-lons and be sufficiently strong and free fromtears or leakage. Bags must be securely tied andnot weigh more than 30 pounds when placedout for collection. *1



D. The Director will determine whetheralley or street collection service will be pro-vided and will designate the collection loca-tion. *1(Ord. No. G-4623, § 1, adopted 6-23-2004, eff.7-23-2004; new style in use as of 8-1-2011)Date of Addition/Revision/Deletion - Section 27-20*1 Revision on 11-28-2012 by Ordinance No. G-5756,


eff. 7-7-2014

Sec. 27-21. Residential collection.

A. The City will provide solid waste collec-tion service to all dwelling units including: *1

1. Single dwelling units.

2. All buildings with less than five dwell-ing units, including duplex, triplex, andfour-plex units, and all buildings withfive or more units that have been receiv-ing City solid waste collection continu-ously since May 30, 1979. Multiplebuildings on one lot cannot be aggre-gated to avoid the provisions of thischapter. *1 *2

3. The City may provide solid waste col-lection services to any building withfive or more multi-family dwellingunits but less than 30 units upon consentbetween the City and the responsibleparty. *1

4. Mobile home parks.

5. Mobile home developments.

6. Townhouses and condominiums.

7. Carryout service is provided at no addi-tional charge to individuals living alonewho are elderly, ill or disabled and areincapable of conveying their solidwaste or recycling container to the des-ignated collection location. This does

not include entering the dwelling unit.The resident may be required to pro-duce a medical statement of presentphysical condition. No carryout servicewill be performed if, in the opinion ofthe Director, the terrain presents asafety hazard for equipment operatorsor collection vehicles. The Director hasthe right to limit the number of contain-ers. *1

8. Dwelling units that generate in excessof 0.50 cubic yards of solid waste at anygiven time may be served utilizing analternate collection system and chargedaccording to a different and separate feestructure based on collection and dis-posal costs. The fees will be determinedby the Director and will be published bythe Department. *1 *2

B. The City may provide service to institu-tional establishments if they request solid wasteservice. They will be charged a different andseparate fee.

C. The City does not provide solid wastecollection service to commercial or industrialestablishments or to any building with morethan 30 multi-family dwelling units, except asprovided in subsection A.2 of this section. *1(Ord. No. G-4623, § 1, adopted 6-23-2004, eff.7-23-2004; new style in use as of 8-1-2011)Date of Addition/Revision/Deletion - Section 27-21*1 Revision on 11-28-2012 by Ordinance No. G-5756,


eff. 7-7-2014

Sec. 27-22. Residential bulk trash place-ment and collection services.

A. It is unlawful to place bulk trash out forcollection more than seven days prior to thescheduled collection date. *1 *2



B. Green organics must be separated frombulk trash. +2

C. Bulk trash must be placed out for collec-tion no later than 6:00 a.m. on the scheduledcollection date. *1 *2

D. Bulk trash placed out for collection mustbe in neat stacks. *1 *2

E. Bulk trash placed in alleys must beplaced adjacent to the property line. Bulk trashplaced out for curbside collection must beplaced on the resident’s property, parallel to thestreet or curb. The Director may designatealternative placement and collection points.Bulk trash may not be placed on the sidewalk orin the street, behind a fence or any obstructionor barrier, except as set forth in subsection M ofthis section. *1 *2

F. Bulk trash may not be placed within fivefeet of any fixed object, solid waste or recy-cling container or in any manner that wouldinterfere with or be hazardous to pedestrians,bicyclists, equestrians, or motorists. *1 *2

G. The amount of bulk trash placed for col-lection may not exceed a total uncompactedvolume of 20 cubic yards per collection. *1 *2

H. Items of bulk trash that are acceptable fornormal residential collection are: *1 *2

1. Green organics: +2

a. Provided it is separated from otherbulk trash items, and the wastematerial is either: +2

i. Less than four feet in lengthand 12 inches in diameter; or+2

ii. Bagged or boxed leaves,weeds, and grass; +2

2. Metal material 20 pounds or less; *1

3. Pipe(s) less than one inch in diameterand less than four feet in length; *2

4. Home appliances that do not containrefrigerants; +2

5. Twenty-five pounds or less of construc-tion and demolition solid waste gener-ated by a resident; *1 *2

6. Cardboard boxes; and *1 *2

7. Palm frond or oleander trimmings andclippings provided they are (a) sepa-rated from other bulk trash items, and(b) less than four feet in length and 12inches in diameter. +2

I. Items of bulk trash that are not accept-able for normal residential collection include:*1 *2

1. Any item containing refrigerants; *2

2. Unbagged leaves, weeds, and grass; *2

3. More than 25 pounds of constructionand demolition solid waste generatedby a resident or any amount generatedby a contractor; *1 *2

4. Cement, cement blocks, brick, asphalt,stones, and dirt; *2

5. Lead acid batteries or any hazardous,infectious, or medical solid waste; *2

6. Vehicle or equipment parts in excess of20 pounds; *1 *2

7. Motor vehicle tires or tires of any othertype; and *1 *2

8. All mattresses or furniture. +1 *2

J. It is a violation of this chapter to placeunacceptable bulk trash items, bulk trashexceeding 20 cubic yards, or improperly placedbulk trash items out for collection. The respon-sible party must remove and dispose of all bulktrash improperly placed, bulk trash exceeding



20 cubic yards, and any unacceptable items ofbulk trash at their own expense. *1 *2

K. The City may abate any violation of thissection pursuant to Sections 27-35.F and 27-37.*2

L. The Director may require that greenorganics be separated from other bulk trash forcollection in an alternative manner. *2

M. The City uses mechanical collectionequipment. If bulk trash cannot be placed forcollection as set forth in subsection E of thissection, the Director, at his discretion, may col-lect the bulk trash and may require a waiver thatholds the City harmless for any and all damageassociated with the collection activity. Awaiver must be signed prior to collection. *1 *2(Ord. No. G-4623, § 1, adopted 6-23-2004, eff.7-23-2004; new style in use as of 8-1-2011)Date of Addition/Revision/Deletion - Section 27-22+1 Addition on 11-28-2012 by Ordinance No. G-5756,




eff. 7-7-2014

Sec. 27-23, 27-24. Reserved.

ARTICLE IV. SOLID WASTE RECYCLING

Sec. 27-25. Residential recycling pro-gram.

A. The "Phoenix Recycles" program is amethod of collection developed to integraterecycling into the automated collection systemutilized by the City. Residents are provided asecond clearly identified recycling container inwhich to place specified items defined as recy-clables. Residents participating in the recycling

program receive once-per-week collection ofrecyclables and once-per-week collection ofsolid waste. Specific collection days each weekare designated by the Director.

B. Recyclables collected from designated"Phoenix Recycles" recycling containers aretaken to a materials recovery facility wherethey are separated into the various categories ofrecyclables, weighed, and sold to end proces-sors. Materials that cannot be recycled will betaken to a solid waste disposal facility for dis-posal. Recyclables placed in a recycling con-tainer may not be bagged or bundled. *1 *2(Ord. No. G-4623, § 1, adopted 6-23-2004, eff.7-23-2004; new style in use as of 8-1-2011)Date of Addition/Revision/Deletion - Section 27-25*1 Revision on 11-28-2012 by Ordinance No. G-5756,


eff. 7-7-2014

Sec. 27-26. Residential recycling pro-gram nonparticipants andparticipant removal fromprogram.

A. Residents not participating in the "Phoe-nix Recycles" program will receive once-per-week collection of solid waste. Nonparticipantsinclude the following:

1. Residents electing not to participate inthe "Phoenix Recycles" program. Theseunits do not receive a specially desig-nated recycling container.

2. Residents that have been removed fromthe "Phoenix Recycles" program. Rea-sons for removal from the programinclude, but are not limited to:

a. Contamination of the recyclingcontainer by depositing non-recy-clable material. *1



b. Placement of household hazardouswaste in the recycling container.

B. Program compliance. Residential cus-tomers not in compliance with this article willbe removed from the program and informed ofsuch in writing. +1

C. Eligibility/reinstatement. +1

1. Residential customers removed fromthe program may reapply after a 12-month period from the date of removal.The Director may waive this periodbased upon a determination that specialcircumstances exist and that it would bein the best interest of the City to allowearly reapplication. +1

2. The Public Works Director may chargea fee to distribute recycling containers.+1

(Ord. No. G-4623, § 1, adopted 6-23-2004, eff.7-23-2004; new style in use as of 8-1-2011)Date of Addition/Revision/Deletion - Section 27-26+1 Addition on 5-28-2014 by Ordinance No. G-5920,


eff. 7-7-2014

Sec. 27-27. Residential contained greenorganics program. +1

A. Under the residential contained greenorganics program, the City will provide resi-dential customers, that elect to participate andpay a monthly fee, a clearly identified containerin which to place specified residential greenorganics as defined in Section 27-5. Specificcollection days are designated by the Director.+1

B. Green organics placed in the designatedcontainer may not be bagged or bundled andshall conform to all contained green organicsprogram policies and the lid must be fly-tight.+1

C. Program compliance. For the safety ofCity processing staff, residential customers notin compliance with this article will be removedfrom the program. +1

D. Eligibilty/reinstatement. +1

1. Residential customers removed fromthe program may reapply after a 12-month period from the date of removal.The Director may waive this periodbased upon a determination that specialcircumstances exist and that it would bein the best interest of the City to allowearly reapplication. +1

2. The Director may charge a fee for greenorganics containers. +1

Date of Addition/Revision/Deletion - Section 27-27+1 Addition on 5-28-2014 by Ordinance No. G-5920,

eff. 7-7-2014

Sec. 27-28. Reserved.

ARTICLE V. ADMINISTRATION AND ENFORCEMENT

Sec. 27-29. Authority to enforce.

The Director will enforce the provisions ofthis chapter. In addition, the Director is autho-rized to abate conditions that in the opinion ofthe Director are incipient or are an imminentthreat to the health or safety of any person orpersons. *1(Ord. No. G-4623, § 1, adopted 6-23-2004, eff.7-23-2004; new style in use as of 8-1-2011)Date of Addition/Revision/Deletion - Section 27-29*1 Revision on 11-28-2012 by Ordinance No. G-5756,

eff. 1-18-2013



Sec. 27-30. Rules and regulations.

The Director is authorized to make reason-able and necessary rules and regulations tocarry out provisions of this chapter.(Ord. No. G-4623, § 1, adopted 6-23-2004, eff.7-23-2004)

Sec. 27-31. Enforcement independent ofother officials.

The authority of the City to enforce provi-sions of this chapter is independent of and inaddition to the authority of other City officialsto enforce the provisions of any other ordi-nances of the City.(Ord. No. G-4623, § 1, adopted 6-23-2004, eff.7-23-2004)

Sec. 27-32. Enforcement and cooperationof other departments.

Upon request from the Director, the PoliceDepartment and any other department of theCity has authority to assist and cooperate andenforce this chapter.(Ord. No. G-4623, § 1, adopted 6-23-2004, eff.7-23-2004)

Sec. 27-33. Issuance of citation or noticeof violation.

A. If the City finds a violation of this chap-ter, the City may notify the owner or responsi-ble party through the issuance of a notice ofviolation.

B. Any authorized person may issue anotice of violation to any person violating anyprovisions of this chapter. If the violation hasnot been corrected within the specified period,a civil citation or criminal complaint may beissued, or any police officer may issue a cita-

tion for any violation of this chapter. A noticeof violation of this chapter will include: *1

1. Identification of the property in viola-tion.

2. Statement of violations in sufficientdetail to allow an owner or responsibleparty to identify and correct the prob-lem.

3. Re-inspection date.

4. Address and phone number of a Cityrepresentative to contact.

5. A cost estimate to correct the viola-tions, if the City intends to abate theviolation pursuant to Section 27-37.

6. Appeal procedures.

C. Any notice given for any purpose underthis chapter will be deemed effective on thedate when written notice is delivered or mailedto the property owner or responsible party. Ifthe City intends to abate the violation, anymailed service must be certified, return receiptrequested. Nothing herein will preclude theCity from giving additional verbal or writtennotice at its discretion. If the City does elect togive any additional notice in any instance, itwill not thereby become obligated to give suchadditional notice thereafter in the same or othersituations. *1

D. Nothing in this section requires the issu-ance of a notice of violation prior to issuing acivil citation or criminal complaint. *1

E. Any notice of violation can be appealedto the Director for an administrative conferencefor review. A request for an administrative con-ference must be made in writing within theperiod set to correct the violation, as specifiedin the notice of violation. The timely filing of arequest for an administrative conference willact as an automatic stay of enforcement of the



notice of violation until the matter is finallydetermined by the Director. *1(Ord. No. G-4623, § 1, adopted 6-23-2004, eff.7-23-2004; new style in use as of 8-1-2011)Date of Addition/Revision/Deletion - Section 27-33*1 Revision on 11-28-2012 by Ordinance No. G-5756,

eff. 1-18-2013

Sec. 27-34. Threats and intimidation.

No person may, by threat or use of violenceor physical force, or by threatening to do ordoing any other act that can be reasonablyanticipated to cause physical harm to any per-son including the perpetrator, intentionallyobstruct, impede, or interfere with any officer,employee, contractor, or authorized representa-tive of the City who is lawfully and constitu-tionally engaged in the enforcement orexecution of the provisions of this chapter. *1*2(Ord. No. G-4623, § 1, adopted 6-23-2004, eff.7-23-2004; new style in use as of 8-1-2011)Date of Addition/Revision/Deletion - Section 27-34*1 Revision on 11-28-2012 by Ordinance No. G-5756,


eff. 7-7-2014

Sec. 27-35. Violations and penalties.

A. Any responsible party who causes, per-mits, facilitates, aids, or abets any violation ofthis chapter or who fails to perform any act orduty required by this chapter is subject to a civilsanction of not less than $100.00 nor more than$2,500.00. *1 *2

B. Any responsible party who causes, per-mits, facilitates, aids, or abets any violation ofthis chapter or who fails to perform any act orduty required by this chapter is guilty of a Class1 misdemeanor. *2

C. Each day any violation of this chapterexists will constitute a separate violation oroffense. *1

D. The owner of record, as recorded in theMaricopa County Recorder’s Office records ofthe property at which a violation of this chapterexists, may be presumed to be a person havinglawful control over any building, structure orparcel of land. If more than one person isrecorded as the owner of the property, said per-sons may be jointly and severally presumed tobe persons having lawful control over thebuilding, structure, or parcel of land. *1 *2

E. If a responsible party served with anotice of violation or citation by the City failsto correct the violation within the period speci-fied, the City may correct or abate the conditionas described in the notice and, in addition toany fine that may be imposed for a violation ofthis chapter, the responsible party will be liablefor all costs that may be assessed pursuant tothis chapter for the correction or abatement ofthe condition. *1

F. If in the opinion of the Director the con-dition constitutes an imminent health or safetyhazard, the Director may immediately abate thehazard without notice. Such abatement of animminent health or safety hazard will be lim-ited to the minimum work necessary to removethe hazard. *1(Ord. No. G-4623, § 1, adopted 6-23-2004, eff.7-23-2004; new style in use as of 8-1-2011)Date of Addition/Revision/Deletion - Section 27-35*1 Revision on 11-28-2012 by Ordinance No. G-5756,


eff. 7-7-2014

Sec. 27-36. Jurisdiction of court. *1

A. Jurisdiction of all proceedings to enforcethis chapter will be in the Municipal Court ofthe City of Phoenix. *1



B. Civil actions to enforce this chapter maybe adjudicated by a judge or a court hearingofficer.

C. Any civil action to enforce this chapterwill be commenced and summons will beissued in accordance with the procedures setforth in the Arizona Revised Statutes, Cityordinances, or as provided in the Local Rules ofPractice and Procedure, City Court, City ofPhoenix. *1 *2

D. A person served with a civil citation mustappear at the time and place stated in the cita-tion or summons, or may appear prior to thetime and admit or deny the allegations of thecitation. Allegations not denied at the time ofappearance are deemed admitted. *1

E. If the allegations are admitted, theMunicipal Court will enter judgment for theCity and impose a civil sanction. *1

F. If the person denies the allegations, theCourt may set the matter for hearing. Civilhearings are informal and held without a jury.The City is required to prove the violationcharged by a preponderance of the evidence.Technical rules of evidence do not apply,except for statutory provisions relating to priv-ileged communications. If the person elects tobe represented by counsel, the person must sonotify the Municipal Court at least ten daysprior to the hearing date. Hearings may berecorded. If the Municipal Court finds in favorof the person, the Municipal Court will enter anorder dismissing the citation. If the MunicipalCourt finds in favor of the City, the MunicipalCourt will enter judgment for the City andimpose a civil sanction. *1

G. If the person served with a civil citationfails to appear on or before the time directed toappear or at the time set for hearing by theMunicipal Court, the allegations will bedeemed admitted and the Municipal Court will

enter a judgment for the City and impose a civilsanction. *1

H. Any party may appeal the judgment ofthe Municipal Court to the Superior Court.Appeals from civil proceedings will be inaccordance with the Superior Court Rules ofAppellate Procedure—Civil. Appeals fromcriminal proceedings will be in accordancewith the Superior Court Rules of Appellate Pro-cedure—Criminal. Execution of any judgmentwill be stayed pending appeal when the defen-dant posts an appeal bond in accordance withthe order of the Municipal Court, or when nobond is fixed and a notice of appeal has beenfiled. +1(Ord. No. G-4623, § 1, adopted 6-23-2004, eff.7-23-2004; new style in use as of 8-1-2011)Date of Addition/Revision/Deletion - Section 27-36+1 Addition on 11-28-2012 by Ordinance No. G-5756,



eff. 7-7-2014

Sec. 27-37. Abatement; appeal.

A. If a responsible party fails to correct aviolation, the City may correct or abate the con-dition. The abatement will be limited to theminimum work necessary to correct or removethe violation or hazard. *1

B. The City will determine the cost of thework performed, including actual costs of anyadditional inspection and other incidental con-nected costs. *1

C. An invoice for the abatement costincurred will be prepared by the Departmentand mailed to the responsible parties. *1 *2

D. Failure to pay the invoice may be causefor the City to assess the property for the cost ofwork performed, including actual costs of any



additional inspection and associated legal costsfor abatement and pursue any or all means forrecovery of cost if the assessment is not paid.The City has the right to enforce the assessmentin the Superior Court of Maricopa County, atany time after recording, but failure to enforcethe assessment will not affect its validity. Theassessment is prior and superior to all otherliens, obligations, mortgages or other encum-brances, except liens for general taxes. Anyliens or assessments filed with the CountyRecorder pursuant to previous provisions ofthis chapter or any similar ordinance willremain in effect under the same terms and con-ditions that existed at the time of the recording.*1

E. The abatement costs incurred may beappealed to the Director for an administrativeconference for review of such abatement andcosts. A request for an administrative confer-ence must be made in writing to the Directorwithin 30 days of the abatement action. Thetimely filing of a request for an administrativeconference will act as an automatic stay of col-lection of said costs until the matter is finallydetermined by the Director. *1(Ord. No. G-4623, § 1, adopted 6-23-2004, eff.7-23-2004; new style in use as of 8-1-2011)Date of Addition/Revision/Deletion - Section 27-37*1 Revision on 11-28-2012 by Ordinance No. G-5756,


eff. 7-7-2014

Sec. 27-38. Conflicts of ordinances;liability.

A. In any case where a provision of thischapter is found to be in conflict with a provi-sion of any other ordinance or code of the City,the provision that establishes the higher stan-dard for the promotion and protection of thehealth and safety of the people will prevail. *1

B. In cases where two or more sections ofthis chapter disagree, the most stringent orrestrictive will prevail. *1

C. When the Director or any City employeecharged with the enforcement of this chapter isacting in good faith and without malice in thedischarge of his duties, and if any suit isbrought against the Director or City employeebecause of such act or omission performed byhim in the enforcement of any provisions ofthis chapter, then such suit will be defended bythe Law Department of the City until the finaltermination of the proceedings and any judg-ment resulting therefrom is assumed by theCity. *1(Ord. No. G-4623, § 1, adopted 6-23-2004, eff.7-23-2004; new style in use as of 8-1-2011)Date of Addition/Revision/Deletion - Section 27-38*1 Revision on 11-28-2012 by Ordinance No. G-5756,

eff. 1-18-2013

Sec. 27-39, 27-40. Reserved.

ARTICLE VI. SOLID WASTE DISPOSAL; FACILITIES

Sec. 27-41. Definitions.

For purposes of this chapter, the followingdefinitions apply:

Class 1: All nonliquid solid waste that isloose, easily compactable matter of a unitsize that can be moved readily, and handledby machinery or equipment used by the Cityin the operation of its disposal facility. *1 *2

Class 2: Trees, logs, stumps, constructionand demolition waste, furniture, mattressesor similar bulk waste, parts of motor vehiclebodies of a unit size or weight difficult andcostly to move, handle, compact, or recycleby regular operational means. Trees, logs,and stumps must be trimmed of brush and



cut into pieces not exceeding four feet inlength. *1 *2

Class 3: Special, infectious, or hazardouswaste as deemed to be hazardous by theUnited States Environmental ProtectionAgency or the Arizona Department of Envi-ronmental Quality. Nonhazardous and haz-ardous liquid waste is not accepted by Citysolid waste disposal facilities.



eff. 7-7-2014

Sec. 27-42. Disposal of special waste, leadacid batteries and motor oil.

A. Special waste is all solid waste that islisted or classified as a special waste pursuantto Sections 49-851 to 49-868, Arizona RevisedStatutes. Special waste will require priorapproval from the Director and the ArizonaDepartment of Environmental Quality beforebeing accepted for disposal at any City solidwaste disposal facility. The generator of thewaste may also be required to submit an analy-sis of the waste, at the generator’s expense, tothe City for disposal approval or disapproval.Approval by the State of Arizona for the dis-posal of the material does not guaranteeapproval by the City. *1

B. The following waste may be accepted atrecycling/staging areas at any City solid wastedisposal facility under the provisions of a recy-cling program: (1) lead acid batteries; and (2)quantities of less than five gallons of noncon-taminated motor oil from each household at onetime. "Noncontaminated" means motor oil thathas not been mixed with hazardous waste.Solid waste that requires special handling, such

as 55-gallon drums, gasoline, or diesel tanks,must be triple rinsed and rendered useless bycutting the containers in half or puncturingholes in the containers. *1 *2(Ord. No. G-4623, § 1, adopted 6-23-2004, eff.7-23-2004; new style in use as of 8-1-2011)Date of Addition/Revision/Deletion - Section 27-42*1 Revision on 11-28-2012 by Ordinance No. G-5756,


eff. 7-7-2014

Sec. 27-43. City of Phoenix solid wastedisposal facility userrequirements.

A. Solid waste disposal facility users mustobey all traffic signs and stay on designatedroadways at all times.

B. Solid waste disposal facility users are tofollow all instructions given to them by Citysolid waste disposal facility personnel (i.e.,spotters, inspectors and clerks).

C. Alcoholic beverages are not allowed inany City solid waste disposal facility. *1

D. Solid waste disposal facility users mustbe dressed in proper attire, including enclosedshoes for safety reasons.

E. Solid waste disposal facility inspectorsor their designee have the right to inspect anyload and may, at their discretion, require a loadto be dumped in a segregated area to facilitateinspection.

F. Children and animals must remain invehicles at all times.

G. Smoking in any City solid waste disposalfacility is prohibited.

H. No person may, by threat, or use of vio-lence or physical force, or by threatening to door doing any other act that can be reasonablyanticipated to cause physical harm to any per-



son including the perpetrator, intentionallyobstruct, impede, or interfere with anyemployee, contractor, or authorized representa-tive of the City who is lawfully and constitu-tionally engaged in the enforcement orexecution of the provisions of this chapter. *1*2

I. Collection vehicles that are hauling "hotloads" must notify a responsible party at theCity solid waste disposal facility before pro-ceeding to the unloading area.

J. Scavenging, including but not limited tothe unauthorized pilfering, removal, buying,selling, trading, or using of material from anyCity solid waste disposal facility, is prohibited.*2

K. Violating user requirements may resultin refusal of service. (Ord. No. G-4623, § 1, adopted 6-23-2004, eff.7-23-2004; new style in use as of 8-1-2011)Date of Addition/Revision/Deletion - Section 27-43*1 Revision on 11-28-2012 by Ordinance No. G-5756,


eff. 7-7-2014

Sec. 27-44. Disposal of infectious, radio-active and hazardous waste.

A. The requirements of these regulationsapply to any generator of biohazardous medicalwaste as defined under Arizona AdministrativeCode R18-13-1401, as it may be amended fromtime to time, with the exception of a householdgenerator residing in a private, public, or semi-public residence who generates biohazardousmedical waste in the administration of self careor the agent of the household generator whoadministers the medical care. This exemptiondoes not apply to the facility in which a personresides if that facility is licensed by the ArizonaDepartment of Health Services. *1

B. The following materials will not beaccepted at any solid waste disposal facility:

1. Regulated hazardous waste;

2. Untreated biohazardous waste;

3. Radioactive waste;

4. Regulated liquid waste; and *2

5. Any other regulated waste without priorapproval of the Director.

C. Biohazardous medical waste is anywaste that is composed of, or has as a constitu-ent, one of the following:

1. Cultures and stocks. Discarded culturesand stocks generated in the diagnosis,treatment, or immunization of a humanbeing or animal or in any research relat-ing to that diagnosis, treatment, immu-nization, or in the production or testingof bacteria.

2. Human blood and blood products. Dis-carded products and materials contain-ing free-flowing blood or free-flowingblood components. *1 *2

3. Human pathologic waste. Discardedorgans and body parts removed duringsurgery. *2

4. Medical sharps. Discarded sharps usedin animal or human patient care, medi-cal research, or clinical laboratories.This includes hypodermic needles,syringes, pipettes, scalpel blades, bloodvials, needles attached to tubing, bro-ken and unbroken glassware and slidesand cover slips. *2

5. Research animal waste. Animal car-casses, body parts, and bedding of ani-mals that have been infected withagents that produce, or may produce,human infection. *1 *2



D. Treated biohazardous medical waste isconsidered to be biohazardous medical wastethat has been treated and that meets the treat-ment standards of Arizona AdministrativeCode R18-13-1415. This waste may be accept-able at solid waste disposal facilities under thefollowing conditions: *1

1. Prior approval for disposal, includingapproval of the treatment methodology,packaging and labeling, must beobtained from the Director.

2. Treatment methods and waste transpor-tation must comply with all applicablestandards set forth in Title 18, Article14, Arizona Revised Statutes.

3. If an alternative treatment method isused, the method must be registeredwith the Arizona Department of Envi-ronmental Quality pursuant to ArizonaAdministrative Code R18-13-1414 andthe registration number provided priorto disposal.

E. Transporters may not deliver waste to asolid waste disposal facility that is prohibitedunder these regulations. *1

F. The transporter must notify the solidwaste disposal facility when delivering loadsthat may contain biohazardous or other prohib-ited waste, and must identify the generator orgenerators of such waste. In addition to dis-posal fees, failure to notify the solid waste dis-posal facility prior to delivering and dumpingthese materials will result in the assessment ofa fee sufficient to recover the City’s costs toproperly handle these materials. This fee willbe a minimum of $50.00. *1

G. When prohibited materials are received,the transporter and the generator, if known, willbe contacted and given three hours to removethe prohibited material and any contaminated

material. Contaminated loads may involve allor a portion of the load. The solid waste dis-posal facility superintendent, inspector, or theirdesignee will determine the extent of contami-nation and how much of the load must beremoved. If the transporter or generator fails tobegin removal of the contaminated materialswithin three hours, a disposal company will becontacted to remove it. The City will bill thetransporter or waste generator for all costsincurred. *1

H. Failure to pay disposal charges willresult in a suspension of disposal privilegesuntil those charges are paid.

I. Disposal site privileges may be sus-pended for those transporters or generatorsfound to have more than four contaminatedloads delivered to a solid waste disposal facilitywithin a 12-month period. (Ord. No. G-4623, § 1, adopted 6-23-2004, eff.7-23-2004; new style in use as of 8-1-2011)Date of Addition/Revision/Deletion - Section 27-44*1 Revision on 11-28-2012 by Ordinance No. G-5756,


eff. 7-7-2014

Sec. 27-45, 27-46. Reserved.

ARTICLE VII. SOLID WASTE FEES

Sec. 27-47. Application of variances;beginning of charges.

A. The Director may adjust or waive all orpart of the solid waste collection and disposalcharges when unusual circumstances occur.

B. Fees prescribed by this article for resi-dential users who meet all requirements forsolid waste collection service will commencewhen water service is started by a customer andterminate when water service is stopped. City



residents who have their own water supplymust establish a "Refuse Only" account withthe Water Services Department prior to receiv-ing solid waste collection service. *1(Ord. No. G-4623, § 1, adopted 6-23-2004, eff.7-23-2004; new style in use as of 8-1-2011)Date of Addition/Revision/Deletion - Section 27-47*1 Revision on 11-28-2012 by Ordinance No. G-5756,

eff. 1-18-2013

Sec. 27-48 Level of solid waste fees; noexceptions.

A. All dwelling units that are eligible forCity service, as defined in Section 27-21, mustpay the fees as established in subsection C ofthis section. *1 *2

B. Solid waste fees must be paid monthly.*1 *2

C. The monthly solid waste fees effectiveJuly 1, 2014, are as set forth below: *1 *2

* Effective January 1, 2016. +2(Ord. No. G-4623, § 1, adopted 6-23-2004, eff. 7-23-2004; Ord. No. G-4661, § 1, adopted 12-15-2004, eff. 1-14-2005; Ord. No. G-4758, § 1, adopted 11-30-2005, eff. 1-2-2006; Ord. No. G-4845,

Level of Service Fee Effective July 1, 2014 *1 *2

1. Individual 60-gallon solid waste container; one residence *2 $23.80 per residential unit *2

2. Individual 90-gallon solid waste container; one residence +2

$26.80 per residential unit +2

3. Shared 300-gallon solid waste container; five or fewer resi-dences *2

$26.80 per residential unit

4. -2 -2

5. -2 -2

6. Customer requested additional 90-gallon solid waste con-tainer for convenience *2

$13.40 per container

7. Customer requested additional 300-gallon solid waste con-tainer for convenience *2

$80.40 per container

8. Per cubic yard service to schools, churches, and nonprofit entities *2

Separate fee structure published by the Department *2

9. Per cubic yard service to government facilities and City facilities +2

Separate fee structure published by the Department +2

10. Service to multiple dwellings +2 Separate fee structure published by the Department +2

11. Customer requested 90-gallon green organics container for convenience +2

$5.00 per container +2

12. Courtesy return fee +1 *2 $10.00 per occurrence

13. Container exchange and/or removal fee +2 $10.00 per occurrence* +2

14. Specialized collection +2 Separate fee structure published by the Department +2



§ 1, adopted 11-29-2006, eff. 1-1-2007; Ord. No. G-5046, § 1, adopted 12-12-2007, eff. 1-13-2008;Ord. No. G-5315, § 1, adopted 2-11-2009, eff. 3-1-2009; new style in use as of 8-1-2011)Date of Addition/Revision/Deletion - Section 27-48+1 Addition on 11-28-2012 by Ordinance No. G-5756, eff. 1-18-2013*1 Revision on 11-28-2012 by Ordinance No. G-5756, eff. 1-18-2013+2 Addition on 5-28-2014 by Ordinance No. G-5920, eff. 7-7-2014*2 Revision on 5-28-2014 by Ordinance No. G-5920, eff. 7-7-2014-2 Deletion on 5-28-2014 by Ordinance No. G-5920, eff. 7-7-2014

Sec. 27-49. Payment of solid waste fees.

All rates and service charges are due andpayable when rendered. Payment must bereceived by the due date printed on the bill. Ifpayment is not received by the due date, theaccount is considered delinquent and subject toa late fee of three percent per month assessedon the delinquent amount. The next monthlybilling invoice will indicate the past dueamount, all late fees, and the current amountdue. In addition to the late fees, a delinquentaccount is subject to discontinuance of solidwaste service for nonpayment. A notice of non-payment will be mailed giving the date that thesolid waste service will be discontinued. If theamount identified in the notice of nonpaymentis not paid prior to the scheduled discontinu-ance date of the solid waste service, the solidwaste service will be discontinued.(Ord. No. G-4623, § 1, adopted 6-23-2004, eff.7-23-2004; Ord. No. G-5157, § 1a, adopted 5-14-2008, eff. 5-1-2009)

Sec. 27-50. Credits and debits of solidwaste fees.

A. The Director may not grant credits formissed pick-ups.

B. If an error occurs where either a cus-tomer has received City solid waste service butwas not charged, or a customer was charged forsolid waste service that was not received,except for missed pick-ups, a debit or creditmay be approved.

C. The Director will research the customeraccount to determine whether a credit or debitis owed and the amount to be debited or cred-ited.

D. The length of time for either a debit bythe City or a credit to the customer will be lim-ited to 36 months prior to the date when thecustomer notifies the City of the error or thedate the City discovers the error. *1(Ord. No. G-4623, § 1, adopted 6-23-2004, eff.7-23-2004; new style in use as of 8-1-2011)Date of Addition/Revision/Deletion - Section 27-50*1 Revision on 11-28-2012 by Ordinance No. G-5756,

eff. 1-18-2013

Sec. 27-51. Financial responsibilitydeposits.

A. As a condition of receipt of solid wasteservice as provided in this chapter, customersmust post a deposit if a good payment record isnot established or maintained. For purposes ofthis section, criteria defining what constitutes agood payment record is identified in the solidwaste deposit policy. A copy of this policy is onfile with the Public Works Department. In suchevent the deposit will be an amount equal to theaverage billing invoices for the previous 12months. In the event the customer fails to postthe required deposit, solid waste services willnot be initiated or will be discontinued. *1

B. Customer accounts that do not have abilling record sufficient to calculate a deposit asprovided in subsection A of this section may bedetermined by using an average 12-month bill-

§ 27-51.1 PHOENIX CITY CODE


ing for similar residential or institutionalaccounts. *1

C. All deposits will be non-interest bearing.The deposit will be applied to the accountwithin the next billing cycle after a customerhas maintained a good payment record for 12consecutive months. *1

D. If an account is closed at the customer’srequest, within 60 days thereafter, the deposit,less any amounts due and owing, will bereturned to the customer.

E. Solid waste service customers classifiedas a "refuse only" account must post a $50.00deposit as a condition of receipt of solid wasteservice. *1(Ord. No. G-4623, § 1, adopted 6-23-2004, eff.7-23-2004; Ord. No. G-5157, § 1b, adopted 5-14-2008, eff. 12-1-2008; new style in use as of8-1-2011)Date of Addition/Revision/Deletion - Section 27-51*1 Revision on 11-28-2012 by Ordinance No. G-5756,

eff. 1-18-2013

Sec. 27-51.1. Reserved.

Editor’s note—Ord. No. G-5157, § 1c, adopted May14, 2008, repealed § 27-51.1 in its entirety. Formerlysaid section pertained to risk deposits and derived fromOrd. No. G-4623, § 1, adopted 6-23-2004, eff. 7-23-2004.

Sec. 27-52. State and other governmen-tally imposed fees or taxes.

Billings and charges to customers will,where authorized, include fees or taxesimposed by the State of Arizona or other gov-ernmental entities in addition to the City fees orcharges imposed under Sections 27-48 and 27-53. *1(Ord. No. G-4623, § 1, adopted 6-23-2004, eff.7-23-2004; new style in use as of 8-1-2011)

Date of Addition/Revision/Deletion - Section 27-52*1 Revision on 11-28-2012 by Ordinance No. G-5756,

eff. 1-18-2013

Sec. 27-53. Solid waste disposal facilitypermits; fees.

A. All commercial users of City solid wastedisposal facilities must have a City solid wastedisposal permit. Permits for charge commercialusers must be obtained after the applicant suc-cessfully completes a landfill user’s agreementand posts a surety bond or cash deposit with theDepartment. Permits for each commercial userwill be obtained from the weigh station clerksupon submission of a certified tare weight, suc-cessful completion of a facility use applicationand payment of $5.00 per vehicle. The permitsticker for commercial users must be affixed tothe front of the vehicle in such a manner that thesticker can be easily read by weigh stationclerks. A new permit must be obtained if itbecomes damaged or illegible, if the vehicle’stare weight or ownership changes or if requiredperiodically for administrative or operationalpurposes. At such time as the permit holdertransfers ownership of the vehicle, the permitholder must return the permit to the Depart-ment. Until the Department receives the permitor written notification of transfer of ownership,all charges incurred by that vehicle will be theresponsibility of the original permit holder,even though the original permit holder no lon-ger owns the vehicle. It is also the responsibil-ity of the disposal facility user to notify theDepartment immediately of changes in thecompany’s ownership. All charges will accrueto the current owner on file until written notifi-cation of a change is received by the Depart-ment. *1 *2

B. Commercial users must pay disposal feesat the time of disposal or establish a chargeaccount. To establish a charge account, the



commercial user must file with the Departmenta bond or cash deposit for the benefit of theCity in the sum of not less than $1,000.00. Theamount may be adjusted according to the user’saverage usage so that the bond or deposit willbe the equivalent of up to three months’charges to protect the City, but not be less than$1,000.00. Payment history will be consideredwhen setting the bond or deposit amount. Thebond must be executed by said commercial useror firm and by a surety company maintainingan agency in the City. All bonds or depositsmust be conditioned to require that the com-mercial user or firm named therein will pay thedisposal fees by the last day of the billingmonth. If not paid by the last day of the billingmonth, the Director may refuse to allow thecommercial user or firm to charge any furtherdisposal fees and will deduct all outstandingcharges (including delinquent fees) from thebond or deposit established. If the outstandingdebt is not satisfied through the bond ordeposit, the Director may deny future eligibil-ity for a charge account and use of City disposalfacilities to the debtor. A reinstatement fee willbe charged to reestablish the disposal account.*1 *2

C. The Director may require any user toreturn to the scales for verification of the tareweight of any vehicle.

D. To prevent the spilling or blowing ofsolid waste from vehicles in transit to solidwaste facilities, vehicles must have their loadsenclosed, covered or secured from point of ori-gin. If the user does not comply, each vehiclewill be charged a $20.00 uncovered load fee inaddition to the applicable disposal fee. *1

E. For Class 1 solid waste, the following feeschedule will apply: *1

1. A residential customer paying fullmonthly solid waste fees may receive

disposal of one load, of up to one ton ofsolid waste, each calendar month at nocharge upon complying with the fol-lowing: *1

a. Present a copy of their City ser-vices bill showing they have anactive account paying solid wasteservice fees that are current andnot delinquent; +1

b. Present photo identificationmatching the name or address onthe City services bill or account;+1

c. The load must be properlyenclosed, covered, or secured frompoint of origin to prevent the spill-ing or blowing of solid waste fromvehicles in transit to the solidwaste facilities; and +1

d. The customer is responsible for allfees should the load exceed theone-ton limit. Only one ton ofsolid waste generated from thecustomer’s dwelling unit is eligi-ble for the monthly fee waiver. +1

2. The fee will be rounded to the nearestdollar and will be charged the greater of$10.00 or: *1

3. If the City solid waste disposal facilityuser cannot verify the vehicle’s tare

Disposal Site (Base Fee) *1

Fee Effective March 1, 2009

27th Avenue Solid Waste Management Facility

$38.25 per ton

North Gateway Transfer Station

$38.25 per ton



weight, the user will be required todeposit a disposal fee that will be deter-mined by the weigh station clerk on thebasis of a reasonable estimated weight.After the load has been dumped, theuser is required to return to the scales sothat the tare weight and actual disposalfees may be determined. If a user doesnot return to the scales immediatelyafter the load has been dumped the feein question will be forfeited to the City.*1

4. Loads may be estimated on the basis oftare weight in accordance with the tablein this subsection, when scales are inop-erative. If the computerized system isnot operational the option to use aver-age weights from past history, whenavailable, may be used. *1

F. For Class 2 solid waste, the fee will bethe same as for Class 1 solid waste except forthe following: *1

1. A fee will be charged in addition to thebase Class 1 fee for any special arrange-ments or processing necessary forproper disposal, recycling, diversionprocessing, sorting, disposal monitor-ing, or record handling. This fee will becharged at the City’s discretion under afee structure approved by the Directorand published by the Department. *1 *2

2. City solid waste disposal facilities willaccept up to five used motor vehicletires free per year per City residentialuser. Tires from any other sourceincluding commercial, industrial, andinstitutional entities may be accepted atthe City’s discretion under a fee struc-ture approved by the Director and pub-lished by the Department. *1 *2

G. Class 3 solid waste is not accepted at anyCity solid waste disposal facility except as pro-vided under Sections 27-42 and 27-44. A mini-mum $50.00 fee will be charged, in addition tothe base fee, to recover the City’s costs foradditional waste handling, disposal monitoring,records handling, or other special arrange-ments. *1

H. A special handling fee will be charged inaddition to the base fee to recover the City’scost for additional waste handling, recycling,diversion processing, sorting, disposal moni-toring, records handling, account reinstate-ment, or any other special arrangements, suchas: *1

1. Proof of destruction of materials; *1

2. Styrofoam in excess of one cubic yardor wire, food waste, beverages, and

Tare Weight (Pounds)

Estimated Types of Vehicles

Weight (Tons)

9,000—9,999

One-ton dump truck

3.00

10,000—19,999

2—2 1/2 ton dump trucks, solid waste collection trucks

4.25

20,000—29,999

Bin trucks, automated solid waste collection trucks

6.00

30,000 and over

Large bin trucks 8.25

30,000 and over

Semi-trucks 15.00


SOLID WASTE § 27-56, 27-57

oversized materials in excess of 200pounds; *1 *2

3. Loads that do not have their solid wastesegregated or any solid waste thatrequires special handling. *1

I. For private, nonprofit organizationsoperating in the City that assist the City in thecollection of bulk manmade items and operatetheir own identifiable fleet of trucks, an annualdisposal license fee will be assessed. Thisannual disposal license may be obtained fromthe Director for a fee of $180.00 payable for thefiscal year commencing July 1, and endingJune 30. The annual disposal license providesapproved organizations discounted disposal atCity disposal facilities for items collected fromCity of Phoenix residents that cannot be reusedor recycled. Materials collected from busi-nesses and commercial operations or outsidethe City of Phoenix do not receive discounteddisposal. Other nonprofit organizations bene-fitting City solid waste operations may be eligi-ble for discounted disposal fees as approved bythe Director. *1 *2(Ord. No. G-4623, § 1, adopted 6-23-2004, eff.7-23-2004; Ord. No. G-4757, § 1, adopted 11-30-2005, eff. 1-2-2006 Ord. No. G-5046, §§ 2,3, adopted 12-12-2007, eff. 1-13-2008; Ord.No. G-5315, §§ 2, 3, adopted 2-11-2009, eff. 3-1-2009; new style in use as of 8-1-2011)Date of Addition/Revision/Deletion - Section 27-53+1 Addition on 11-28-2012 by Ordinance No. G-5756,



eff. 7-7-2014

Sec. 27-54. Waiver of disposal fees.

Fees may be waived or reduced for cleansoil, rubble, green organics or recyclable mate-

rial, provided the material is approved by theDirector and is beneficial to the City. *1 *2(Ord. No. G-4623, § 1, adopted 6-23-2004, eff.7-23-2004; new style in use as of 8-1-2011)Date of Addition/Revision/Deletion - Section 27-54*1 Revision on 11-28-2012 by Ordinance No. G-5756,


eff. 7-7-2014

Sec. 27-55. Dumping in designated areaspermitted upon payment offee.

Persons, businesses, nonprofit organizationsor governmental agencies, whose premises arelocated within the corporate limits of the City,are permitted to dispose of solid waste gener-ated within the corporate limits of the City in anarea designated by the City as a public Citysolid waste disposal facility upon payment of atipping fee or upon payment of an annuallicense, subject to the conditions of this chap-ter. *1Date of Addition/Revision/Deletion - Section 27-55*1 Revision on 11-28-2012 by Ordinance No. G-5756,

eff. 1-18-2013

Sec. 27-56, 27-57. Reserved.

Documents

Chapter 27 27.pdfSupp. No. 39 CD27:1 Chapter 27 SOLID WASTE* Article I. General Provisions Sec. 27-1. Title. Sec. 27-2. Purpose and scope. Sec. 27-3. Powers and …