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HomeMy WebLinkAboutOrd1966-351 THE CITY OF SEWARD ORDINANCE NO. 351 AN ORDINANCE PROVIDING FOR THE COLLECTION AND DISPOSAL OF GARBAGE, RUBBISH, WASTE MATERIAL, IN RESIDENTIAL, COMMERCIAL AND INDUSTRIAL AREAS ; AND RA'lTS THE CITY OF SEWARD ORDAINSa SECTION 1 - DEFINITIONS Whenever, in any Section of this Chapter, the following terms are used, they shall have the meaning respectively ascribed to them in this Section, to-wit: The word "garbage" shall mean and include all animal and vegetable refuse from kitchens, all household waste Which has been prepared for food or shall have resulted from the preparation of food, all table refuse or offal, and every accumulation of animal, vegetable or other matter that attends the preparation, consumption, marketing, packing, canning, storage, and decay of meat, fish, fowl and vegetables, and fruit intended for human consumption: also dead animals and the accumu- lation from restaurant grease traps, but not dish water nor waste water. The word "rubbish" shall mean and include tree and shrubbery trimmings, lawn renovating grass, weeds, leaves, chips, pa.per, paste- board, magazines and books, rags, rubber, carpets, clothing. boots, shoes, hats, straw packing, boxes and cartons, crates, packing materials, furniture and all other kinds of combustible rubbish, trash or waste material which ordinarily accumulates in the operation of a household or business. "Rubbish" shall not be deemed to include manure or waste from any poultry yard or stable. "Waste Material" shall mean and include broken crockery, broken glass, ashes, cinders, shells, bottles, tin cans, metals and other similar non-combustible waste material resulting from the operation of a household or business, but shall not include discarded automobile or truck bodies or other bulky or heavy objects, nor waste material -1- resulting from any manufacturing, building or construction operation. "Collection" shall mean the operation of gathering together and transporting to the point of disposal of garbage, rubbish and waste material. "Disposal" - The complete operation of treating and/or disposing of the accumulation of garbage, rubbish and waste material, and the product or residue arising from such treatment. "City" - :Incorporated The City of Seward, Alaska, acting through its City Council and/or its City Manager. "City Manager" - The regularly appointed and qualified City Manager of The City of Seward, or his designated representative. The word "person" shall include firms, associations and corporations. "Contractor" - The person, persons, firm or corporation entering into a contract with the City for the collection and disposal of garbage, rubbish and waste material. SECTION 2 - CONTRACT FOR COLLECTION AND DISPOSAL OF GARBAGE, RUBBISH, WASTE MATERIAL The City and its duly authorized agents, servants and employees, or any contractor or contractors with whom the City may at any time enter into a contract therefor, and the agents, servants and employees of such contractor or contractors, while any such contract shall be in force, shall have the exclusive right to gather, collect and remove garbage, rubbish and other waste material from all premises in the City, and no person other than those above specified shall gather, collect or remove any garbage, rubbish or waste material or conveyor transport any garbage, rubbish or waste material from any premises in the City, and no person other than those above specified shall take any garbage, rubbish or waste material from any receptacle in which the same may be placed for collection or removal, or interfere with or disturb any receptacle or remove any such receptacle from any location where the same is placed by the owner thereofr provided, however, that nothing in this section contained shall be deemed to -2- prohibit the occupant of any dwelling house from himself removing or causing the removal of any garbage or rubbish accumulated on the premises occupied by him as a dwelling house and disposing of the 8~~e in a lawful manner. The City, and its duly authorized agents, servants and employees, or any contractor or contractors with whom the City may at any time enter into a contract therefor, and the agents, servants and employees of such contractor or contractors, while any such contract shall be in force, shall have the exclusive right to collect, remove and dispose of garbage, rubbish and other waste material from the City Sanitary Landfill, and no person other than those above specified shall collect, remove or dispose of any garbage, rubbish or waste material , or conveyor transport any garbage, rubbish or waste material, from the City Sanitary Landfill. SECTION 3 - SPECIFICATION FOR COLLECTION VEHICLE BODIES All vehicles used in collecting and conveying garbage in the City shall be provided with metal bodies which shall be kept water- right at all times and thoroughly cleansed daily. All venicles used in collecting and conveying rubbish and waste material shall be pro- vided with bodies so constructed as to prevent the loss of any contents thereof upon the streets, alleys or highways of the City. SECTION 4 - GARBACE TO BE PLACED IN CANS~ SPECIFICATIONS At all locations where residence, dwelling, commercial and industrial units exist, garb?ge shall be drained to remove its liquid content, a~d, after drain~ge, wrapped tightly in paper in such a fficnner as will eliminate odor, and may then be placed in the rubbish and waste material containers as herein provided, for removal and cisposition in the s~me ~~nner as rubbish and waste material. If the person or persc~s having charge or control of any premises where residence, dwelling, cClmnercial and industrial units exist choose not to drain and wrap said garbage in the aforementioned and des- cribed manner, then such person or persons shall place and keep all ~~rb~ge which accQ~ulates on such premises in a galvanized metal -3- ~ receptacle, each of which shall be water-tight and shall have a tight fitting galvanized metal cover, and suitable handles on the outside thereof for the lifting of the receptacle and its contents. Such metal covers shall be kept upon each of said receptacles at all times, except when such receptacle is being filled or while said receptacle is being emptied. Such garbage receptacle shall have a maximum weight of sixty-five (65) pounds when filled. SECTION 5 - GARBAGE CANS; FREQUENCY OF EMPTYING; WASHING Such persons shall cause all garbage receptacles on said premises to be emptied and thoroughly washed, cleaned and dried at least once each calendar week, and all garbage to be removed from the said premises and disposed of in some lawful manner at least once each calendar week. SECTION 6 - RUBBISH AND WASTE MATERIAL CONTAINERS REQUIRED Every person occupying or having control of any residence, dwelling, commercial or industrial unit in the City shall provide a type of container or receptacle suitable for the accumulation and collection of rubbish and waste material; said type of container or receptacle to be in conformity with the provisions of this Chapter. SECTION 7 - GARBAGE, RUBBISH AND WASTE MATERIAL CONTAINER RACKS REQUIRED Every person occupying or having charge or control of any residence, dwelling, commercial or industrial unit in the City shall provide a type of container or receptacle rack so designed as to prevent the upsetting or spillage of such containers or receptacles by wind, weather, dogs, cats and/or other animals, or accidents. The City shall provide plans and specifications for the City- approved container or receptacle rack. SECTION 8 - GARBAGE, RUBBISH AND WASTE MATERIAL CONTAINERS; SPECIFICATIONS All containers or receptacles for the accumulation and collection of garbage, rubbish and waste material from residence, dwelling, commer- cial or industrial units shall conform to the following minimum specifications: -4- A. Each such container or receptacle shall have a maximum capacity of forty (40) gallons. D. Each such container or receptacle shall have a maximum weight when filled of sixty-five (65) pounds. C. Each such container or receptacle shall have a maximum weight when empty of thirty (30) pounds. D. Each such container or receptacle shall be constructed of metal, plasic or rubber, of sufficient quality to serve as such a container or receptacle: provided, however, that no corrugated card- board box shall be permitted to serve as such container or receptacle, except as provided in this Chapter, and provided further that no fifty (50) or fifty-five (55) gallon steel petroleum drums or barrels shall be permitted, whether cut down or otherwise altered. No other type of container or receptacle shall be permitted for the accumulation and collection of rubbish and waste materials from residence, dwelling, commercial and industrial units, except certain bulk rubbish and waste material containers approved by the Public Works Department of the City and supplied to the residence or dwelling unit by the contractor, as the term contractor is defined by this Chapter. Such bulk rubbish and waste material containers shall be kept in a clean and sanitary condition by the person occupying or having charge or control of the residence, dwelling, commercial or industrial unit, for which such bulk rubbish or waste material container is provided. Such bulk rubbish and waste material containers shall be provided with lids which shall be kept tightly closed at all times except during the process of filling or emptying such bulk containers. SECTION 9 - RUBDISH AND WASTE MATERIAL CONTAINERS: FREQUENCY OF EMPTYING Such persons shall cause said containers or receptacles to be emptied and all rubbish and waste material removed from said premises and disposed of in some lawful manner, such removal and disposal to be accomplished at least once each calendar week, in case of rubbish, -5- r and at least o~ce each calendar month, in case of waste material, e::cept as provided in Section 10 hereof. SECTION 10 - REMOVAL O~ OTHER WASTE AND DEDRIS Every person occupying or having charge or control of any premises in the City shall, at least once in each calendar month, collect and disp03e of all waste material and debris, such as dis- carded automobile bodies, and similar heavy or bulky objects, and all other waste not included in the meaning of waste material as defined in Sectio~ 1 hereof, ~mich may have accumulated on his premises 1 provided that building or construction waste and debris shall be removed ~eckly and upon completion of construction. All such waste and debris i~ this Section defined shall be moved to such dump grounds as mny be provided or designated by the City. SECTION 11 - CITY TO PROVIDE FOR AND SUPERVISE COLLECTION AND DISPOSAL OF GARBl'.GE, RUDBISH AND WASTE MATERIAL1 PLACEMENT OF CO~~AINERS FOR COLLECTION The City shall provide for the collection and disposal of rubbish, waste material and garbage from all residence, dwelling, commercial and industrial units in the City. Such provision may be made either by le~ting a contract for such collection and removal, or otherwiue. The Public Works Department of the City and/or the contractor s~all have charge and supervision of such collection and re~oval, and shall prescribe established routes and days for collection and removal of rubbish, waste material and garbage from residence, dwelling, commercial and industrial units so as to conform with the provisions of any Section of this Chapter, and may change the same from time to time. When such routes or days of collection are ~stablished or changed, he shall give notice thereof in such manner as he deems best. Every perscn occupying or having charge or control of any residence, d\-lelling, co:nmercial or industrial unit shall place rubbish, waste material and garbage in such containers or receptacles as hereinbefore specified. -6- Such rubbish or waste material or garbage containers or recep- tacles shall be placed at a point along a dedicated public right-of- way adjacent to said re3idence, dwelling, commercial or industrial unit, as said point shall be determined by the Public Works Department of the City or the contractor. In no case shall rubbish, waste material or garbage containers or receptacles be placed on private property of said residence, dwelling, commercial or industrial unit , for collection and removal unless the Public Works Department of the City and/or the contractor shall have approved such private property location as being readily accessible to the contractor for pickup and loading of said rubbish and waste material. SECTION 12 - BRUSH AIID SHRUB TRI~~ING AND LAWN CUTTINGS Whenever brush or shrub trimmings, trees, logs, or lawn cuttings are placed in any designated location for collection and disposal by any person owning or occupying any residence, dwelling, commercial or industrial unit in the City, one of the following methods of placement of said material shall be utilized by such person: A. Brush and shrub trimmings, trees or logs placed in the aforementioned and described rubbish or waste material containers shall not exceed a length of four (4) feet, and shall be securely tied and bound in bundles rot to exceed two (2) feet in diameter. B. Brush, shrub and tree trimmings, as well as lawn clippings, may be placed in disposable corrugated cardboard containers or other type of cardboard boxeo, ~hich cardboard containers shall not be returnable. Brush, shrub and tree trimmings shall not include branches or logs when said branches or logs are more than three (3) inches in diameter, or more than four feet in length. In no case shall brush, shrub and tree trimmings, or la~m clippings, placed in a disposable corrugated cardboard container or other type of cardboard container, exceed sixty-€ive (65) pounds in weight. SECTION 13 - ASHES AND VACUUM CLEANER DUST AND SWEEPINGS~ COLLECTION AND REMOVAL Every person occupying or having charge or control of any residence, dwelling, con:~crcial or industrial unit in the City who -7- has need for the disposal of ashes or other residue from combustion, or vacuum cleaner dust or sweepings, shall place said ashes or residue, or vacuum cleaner dust or sweepings, in disposable con- tainers or receptacles, which containers or receptacles shall be tightly closed. SECTION 14 - LARGE BOXES AND CRATES ~ COLLECTION AND REMOVAL Every person occupying or having charge of or control of any residence, dwelling, commercial or industrial unit in the City, who has need for the disposal of large appliance cartons, shipping crates, or similar large boxes or containers, or small non-bulky items of furniture, shall disassemble such boxes or containers or said items of furniture prior to placement for collection and disposal. SECTION 15 - NON-CONFORMING RECEPTACLES AND CONTAINERS After August I, 1966, all rubbish and waste material receptacles and containers which do not conform to the specifications contained in this Chapter shall become illegal for the collection and disposal of rubbish and waste materials from all residence, dwelling, commercial or industrial units. If, after August 1, 1966, such non-conforming containers or receptacles are placed in position for collection and disposal, such non-conforming containers and receptacles shall be col- lected by the City. Every person occupying or having charge or control of any residence, dwelling, commercial or industrial unit in the City may request that such non-conforming rubbish and waste material con- tainers or receptacles be removed by the City at no expense to said owner or occupier of said residence, dwelling, commercial or industrial unit. SECTION 16 - THROWING GARBAGE, RUDDISH, WASTE MATERIAL ON STREETS AND LANDS SO IT MAY BECOME A NUISANCE ~ PROHIDITED No person shall throw, place, scatter or deposit any garbage, rubbish or waste material in or upon any public alley, street, or highway, park or other public place, in the City, except as herein expressly authorized~ nor throw, place, scatter, or deposit any garbage or rubbish or waste material upon or below the surface of -8- ~ny premises, in such a manner that the same is or may become a nuisance or endanger the public health. S~CTION 17 - ~BROWING RUBBISH, WASTE MATERIAL, FILTH, ON A PUBLIC PLACE: THROWING ICE AND SALT ON PAVED STREETS OR SIDEWALKS: PROHIBITED It shall be unl~lful for any person or persons, firm or corpor- aticns, to throw or deposit, or permit to be thrown or deposited, into or upon any public street, sidewalk, park or common within the City, any broken g12ss, broken wire, rubbish, garbage, dead animals, offwl or filth of any kind, or to fill or deposit or cause to be thrown or deposited in or upon any cement sidewalk or paved street within the City, any broken or cracked glass, ice, salt or other similar substance. SECTION 18 - DEPOSITING WASTE MATERIAL, RUBBISH, HEAVY BULKY OBJECTS ON STREETS OR ALLEYS PROHIBITED It shall be unlawful for any firm, person or corporation to dump, deposit, place or leave, or cause to be dumped, deposited, placed or left any waste material, debris, rubbish, scrap iron, destroyed automobiles or automobile bodies, truck or truck bodies, and similar heavy bulky objects, or any other waste, within any streets or alleys within the City. Violation of this provision is hereby declared to be a mis- demeanor, and ench day or part of a day during which such violation continues shall be a separate misdemeanor and shall be punishable as provided herein. -9- r SECTION 19 - PLACING TRASH, RUBBISH, GARBAGE THAT MAY DECAY ON LAND OF ANOTHER PROHIBITED No person shall place or deposit on land of another any tin cans, trash, refuse, rubbish, garbage, offal, nauseous substance, tree trim- mings, grass cuttings, animal or vegetable matter, muck, automobiles, automobile bodies, trucks, truck bodies or any material which may become a nuisance, decayed or putrid. SECTION 20 - GARBAGE, RUDBISH AND WASTE MATERIALS, RESIDENCE, DWELLING, COMMERCIAL AND INDUSTRIAL UNITS; CHARGES FOR COLLECTION AND DISPOSAL For the collection, removal and disposal of garbage, rubbish, and/or waste material from residence, dwelling, commercial and indus- trial establishments within the City, the following charges shall be made for the following services: Class 1. Daily Collection (except Sundays). Businesses, including dentists, physicians and clinics; $10.00 first can, $4.00 e~ch additional can or equivalent, per month. Offices (Waste paper only), $1.00 per month, weekly collection. Trailer Courts, Business rate for central point pickup and single (landlord) billing. Class 2. Tri-weekly Collection Business, $7.00 first can, $2.50 each additional can or equivalent per month. Apartments (more than two units having common cans), $3.50 per month flat for each unit for individual billing; $3.00 per unit for single (landlord) billing and central . 1 p~c.tUp. Trailer Courts (more than two units having common can), $3.50 per month flat for each unit per individual billing; $3.00 per unit for single (landlord) billing and central pickup. Class 3. Weekly Collection. Residences, $3.25 per month. Resident pack-out service, $4.00 per month flat rate (can must be easily accessible and within a reasonable distance r ~o'vi ~ \ ~ \ /JV\,j ~t~lD7~ (~ oJ . v ),Y I ., /" " . j(/jeV\/ j ;Y J '(~ I ' tJ /. ~ c, {{Jv from the alley, street or utility easement). Apartments (more than two units having common cans), $3.00 per month flat for each unit for individual billing~ $2.50 per unit for single (landlord) billing and central pickup. Trailer Courts, $3.25 flat rate per tenant for separate bill- ing and cans at each trailer; $3.00 flat rate per tenant for separate billing, but central point pickup; $3.00 per trailer for single billing (landlord) with cans at each trailer. Businesses, $3.50 per month, limited to one can per week. Class 4. Special Services. In the event the City and/or the Contractor is requested to enter the customer's premises to remove garbage (except pack-out service, which is a residential service only) such service may be performed and the charge shall be 25% over the regular rate. Class 5. Vacant dwellings and residences; Vacation There will be no charge for residences that are vacant; provided, however, that prior arrangements are made with the City by making a written application for service to be dis- continued because of said vacancy, and that the residence is vacant three weeks or longer of any month, and the application is approved by the City and/or Contractor. SECTION 21 - USE OF CITY-OWNED SANITARY LANDFILL (BY PERMIT ONLY) Non-residents will be permitted to use the City-owned Sanitary Landfill upon acquiring a permit from the City. The cost of the permit shall be $10.00 per year. SECTION 22 - VIOLATION AND PENALTY CLAUSE Any person, firm or corporation violating any of the provisions of this Chapter shall be guilty of a misdemeanor, and each such person, firm or corporation shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Chapter is committed, continued or permitted, and upon conviction of any such offense, such person, firm or corporation shall be punished by a fine of not -11- more than Three Hundred Dollars ($300.00), or by imprisonment of such convicted person or persons for not more than thirty (30) days, or by both such fine and imprisonment. SECTION 23 - REPEALING CLAUSE Allor any part of any code provision or ordinance in conflict herewith ~s hereby repealed. SECTION 24 - SEVERABILITY If any portion of this Chapter is held to be invalid, such invalidity shall not affect the remainder of this Chapter, and, to that end, this Chapter is declared to be severable. PUBLICATION hereof shall be made by posting a copy hereof for a period of ten (10) days on the City Hall Bulletin Board, and by publishing a notice of the place of posting and a brief statement of the purpose hereof in a newspaper of general circulation in the City, within a reasonable time. FIRST READING: May 5, 1966 SECOND READING: May 16, 1966 PASSED AND APPROVED by the Common Council of The City of Seward this 6th day of June, 1966. ,;(w, If:,,LJ R. W. Kir patrick ' Mayor Attest: :L!e~-!u- Lk Z ?O~L~ Beatrice E. Watts City Clerk-Treasurer -12-