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HomeMy WebLinkAboutOrd2012-008 Sponsored by: Hunt Introduction: August 27, 2012 Public Hearing: September 10, 2012 Enactment: September 10, 2012 Ir.,. CITY OF SEWARD, ALASKA ORDINANCE 2012 -008 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, REVISING SEWARD CITY CODE CHAPTER 14.05 (GARBAGE AND REFUSE), INCREASING ALLOWABLE CONTAINER SIZES, CHANGING "OCCUPANT" TO "OCCUPANT AND /OR OWNER ", AND REQUIRING BEAR - RESISTANT DUMPSTER LIDS AND /OR CONTAINERS FOR REPEAT ATTRACTIVE NUISANCE VIOLATIONS WHEREAS, the City of Seward ( "City "), by its Charter and Ordinances provides for the sanitary, economic, and efficient collection and disposal of garbage, rubbish, and waste material in the City and its service areas through a franchise agreement with a refuse contractor; and WHEREAS, the Alaska Public Utilities Commission has been replaced with the Regulatory Commission of Alaska, necessitating housekeeping changes to the Garbage and Refuse Code; and WHEREAS, changes to the City Code are necessary to reflect recent modernizations in the system of refuse collection to accommodate larger container sizes; and WHEREAS, the City desires to improve public safety by minimizing negative bear /human/garbage encounters by imposing fines on individuals who fail to prevent access to their garbage by bears, and by requiring repeat offenders to utilize locking dumpster lids and /or bear - resistant dumpsters and /or garbage cans during the months of May through October, to minimize such encounters; and WHEREAS, the City works cooperatively with local agencies and interested parties to protect public safety by minimizing bear /garbage /human encounters, and by modifying the Garbage and Refuse Ordinance, can add incentives for local citizens and businesses to more responsibly containerize their garbage in such a way as to not attract bears. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, HEREBY ORDAINS that: Section 1. Seward City Code Section 14.05.010 Refuse Service Provided and Required is amended as follows: Strikeout = Delete Bold = New (a) Every person occupying and /or owning a building or building site within the city shall use the system of refuse disposal provided in this chapter, unless the person utilizes a carrier holding a valid permit from the Alaska Public Utilities Commission i '"• Regulatory Commission of Alaska. The city may exempt a person from this requirement. CITY OF SEWARD, ALASKA ORDINANCE 2012 -008 (b) The city shall either provide or contract for collection and disposal of refuse. The assi public works department of the city or the contractor shall prescribe routes and days for collection. When such routes or days are established or changed, reasonable notice thereof shall be given to affected customers. No other carrier other than one authorized by the . • ' • : • - • - • -- • : - Regulatory Commission of • Alaska may collect, dispose, or remove refuse from any premises in the city. Nothing in this section shall be deemed to prohibit an occupant and /or owner from removing or causing the removal of refuse accumulated on the premises occupied by him and disposing of the same in a lawful manner. (Ord. 415, 1975; Ord. 428, 1976; Ord. 504, 1982) Section 2. Seward City Code Section 14.05.025(a) Use of Containers and Placement is amended as follows: Strikeout = Delete Bold = New (a) Every person occupying and /or owning a building in the city shall provide containers suitable for collection of refuse. All refuse such as vacuum cleaner dust, non - explosive liquids, sweepings and other refuse that poses a hazard to collection or risk of spillage in normal collection shall be individually packaged prior to placement in a container. Section 3. Seward City Code Section 14.05.030 a Container Specifications Generally is veril Y O P Y amended as follows: Strikeout = Delete Bold = New (b) All containers shall conform to the following minimum specifications: (1) Shall not exceed 40 96 gallons capacity; (2) Shall not exceed 65 220 pounds when filled; (3) Shall not exceed 30 65 pounds empty weight; (4) Shall be watertight with an animal -proof lid and of adequate durability for continued use. No corrugated cardboard box shall be used except as herein provided. No 50 or 55 gallon steel petroleum drums or the like shall be permitted, whether cut down or otherwise altered. Section 4. Seward City Code Section 14.05.035 Container Racks is amended as follows: Strikeout = Delete Bold = New Containers or container racks shall be designed so as to prevent the upsetting or spillage by wind, weather, animals, or accident. Containers or container racks shall not be placed on the public right of way. Violation of this section due to bear attractants is subject to a fine of $100.00 for each offense. The fine for the first offense only will be waived upon proof of purchase or lease of the appropriate containment measure (e.g. locking dumpster lid, bear - resistant dumpster, or bear - resistant CITY OF SEWARD, ALASKA ORDINANCE 2012 -008 r.,. garbage can), provided the containment measure is in place within 30 days of the date of the violation. More than one violation of this section by dumpster customers will require the occupant and /or owner to obtain a locking dumpster lid or bear - resistant dumpster for the period May through October. In addition to the $100 fine, more than one violation of this section by customers utilizing garbage cans will require the occupant and /or owner to purchase or lease a bear - resistant garbage can. (a) Containers or container racks shall not be placed on the public right -of -way. (Ord. 504, 1982; Ord. 95 -06) Section 5. This ordinance shall take effect 10 days following its enactment. ENACTED by the City Council of the City of Seward, Alaska, this 10`" day of September, 2012. THE CITY OF SEWARD, ALASKA David Seaward, Mayor i~... AYES: Valdatta, Bardarson, Keil, Shafer, Casagranda, Terry, Seaward NOES: None ABSENT: None ABSTAIN: None ATTEST: J.hanna 141 CMC ity Clerk (City Seal) % t i h� `✓ 4ti` ° ° dr • xa a. C v. ° • III : t C , r,,� i rr�� Council Agenda Statement r 4 0C set 9� U '; Meeting Date: August 27, 2012 ir , 4 Through: James Hunt, City Manager BASK P From: Kristin Erchinger, Finance Director 01 Agenda Item: Garbage and Refuse Ordinance BACKGROUND & JUSTIFICATION: The City of Seward is pursuing a franchise agreement for solid waste collection services which will take effect January 1, 2013. In the course of preparing for a new agreement, staff reviewed the City's current Refuse Tariff and the City Code Chapter 14.05 Garbage and Refuse, and propose a number of changes to address the following: 1) housekeeping to replace verbage referencing the former Alaska Public Utilities Commission with its replacement agency, the Regulatory Commission of Alaska; 2) recent modernizations in the system of refuse collection require replacing the out -dated garbage can sizes with the new larger capacity can sizes; 3) replacing the term "occupant" with "occupant and/or owner" to allow for better enforcement on properties without a current occupant; 4) specifying the condition under which a person may be exempted from paying for refuse (only if the person pays for refuse at a separate location within the City); and 5) measures aimed at minimizing bear/human/garbage encounters include encouraging the use of bear- resistant garbage cans, and mandating the purchase of those cans and/or bear - resistant dumpster lids for individuals or entities who do not take proper measures to contain garbage to deter bear encounters. The City of Seward police department, community development department, and administration have been working cooperatively with other local agencies and interested parties to consider ways to reduce incidents involving bear/human/garbage interactions. The Seward Wildlife Community Conservation Program ( "SWCCP ") was formed in 2008 with the goal of conserving wildlife and their habitat in the Seward area. They receive guidance from the Alaska Department of Fish and Game, and were instrumental in receiving grant funds from the U.S. Fish & Wildlife Service and Conoco Phillips, to provide for the subsidized sale of bear resistant garbage cans in the Seward area, at 25% of the full cost of the cans. This effort resulted in the sale of more than 650 bear- resistant garbage cans, half of which are assumed to have been purchased by local residents. The SWCCP and its partners continue to work with the City and have made a number of recommendations to the City to reduce bear attractants, which are incorporated into the proposed Code revisions. One material proposed revision to the Code, involves an attempt to incentivize local residents to properly contain their garbage to reduce bear attractants. A proposed fine of $100 has been added to the Code, for containers and/or racks which do not properly prevent garbage from being spilled by "wind, weather, animals, or accident." An additional penalty has been added to the Code for multiple violations involving bears; multiple violations involving dumpsters will require the occupant and/or owner to obtain a locking dumpster lid or a bear - resistant dumpster (both available from the contractor) during the months May through August, and multiple violations involving garbage cans will require the occupant and/or owner to purchase or lease a bear - resistant garbage can (also available from the contractor). The City has also worked with the current refuse contractor to identify additional revisions to the City Code. The proposed modifications to increase garbage can maximum capacity sizes based on newer inventories such as bear- resistant garbage cans, were suggested by the refuse contractor, as follows: from the current maximum 40 gallon capacity to the proposed 96 gallon capacity; from the current 65 pound maximum filled weight to the proposed 220 pounds filled weight; and from the current 30 pound maximum empty weight to the proposed 65 pounds empty weight. The administration recommends approval of the proposed changes to the Garbage and Refuse Chapter of the Seward City Code. CONSISTENCY CHECKLIST: Yes No N/A 1 Comprehensive Plan: Page 11- Community Appearance, Page 13 -City Government, Page 26- Public Facilities. X 2. Strategic Plan: Page 4- Nautural, Promote a Safe Community -Page 18 X 3. Other (list): X ATTORNEY REVIEW: Yes X No FISCAL NOTE: These proposed revisions will not result in additional costs to the City, or additional revenues. Approved by Finance Department: ,Mti,,, RECOMMENDATION: Ord cX) l a� 008 Council approve Des kttie ^^ , approving modifications to Seward City Code Chapter 14.05 Garbage and Refuse.