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ORDINANCE NO. 9.1/0
AN ORDINANCE relating to Garbage and Waste hatter,
the awarding and letting of contracts for the collection, removal
and disposal thereof, and prescribing the amounts and methods of
payment, making the use of the system compulsory upon all of the
people of the City of Auburn, and prescribing penalties for its
violation; and repealing Ordinances No. 465 , 66$, 767, $35 ,
the City$72 of of Auburn.
THE CITY COUNCIL OF THE CITY OF AUBURN DOES ORDAIN
as follows:
Section 1. There shall be and is hereby established
a system for the collection, removal and
for the City of Auburn Y disposal of garbage , waste, refuse and other similar substances ,
making its use compulsory upon all the people of the City, and
the owners or occupants of property located in said City; pro-
viding rates for collection and disposal and providing methods
for payment therefor.
Section 2. (2) The term "garbage" shall include all
sweepings, cleanings, trash, rubbish, litter , industrial or domes-
tic wastes, organic waste or residue from animals, kitchen waste
whether organic or inorganic; tree, shrub and grass trimmings;
ashes , cinders, dirt, wood, stone, brick, plaster, cans, bottles,
boxes, wire, nails, scrap metal, and any and all other waste sub-
stance that may become a nuisance, obstruction, incumbrance or
hindrance to the preservation of health and sanitation, or the
general appearance and welfare of the City.
(b) "Prepared garbage" shall be and is defined as
waste material from kitchens, dining rooms, etc. , from which the
liquids have been removed by drainage or otherwise , and the solid
matter wrapped in paper or other proper covering.
(c ) "Raw garbage" is swill, or other like substance
not prepared as above.
Section 3. It shall be the duty of every person in
possession, charge or control of any dwelling, flat, rooming house ,
apartment house, hospital, school, hotel, club , restaurant, board-
ing house or eating place, or in possession, charge or control of
any shop, place of business or manufacturing establishment where
garbage and refuse is created or accumulates, at all times to keep
Portable metal cans for the cb osit therein of
be kept P
or cause to
garbage, waste and refuse , and to deposit or cause to be deposited
therein all such garbage , waste, refuseXand other like substances;
and it shall be the duty of the owner of any flat, apartment house
or leased dwelling to supply his tenants with such cans or other
adequate means of collecting the garbage and refuse from the
premises occupied by them. Such cans shall be water tight of
not more than thirty (30) gallons capacity, shall have two (2)
handles at the sides thereof and tight-fitting metal lids which
shall not be removed except when necessary to place therein or
remove therefrom such garbage, waste and refuse. All such cans
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I
shall be kept in a sanitary condition, free from any accumulation of
grease or any decomposing materials on the outside thereof; and each
such can shall be kept in a place accessible to the collector of gar-
bage and refuse.
Section 4. It shall be unlawful for any person, firm or
corporation in the residential classification to dispose of or store
garbage in standard garbage cans unless such garbage has been prepared
and complies with the definition of prepared garbage as set forth in
this Ordinance; PROVIDED, HOWEVER, that fruit or vegetable waste
resulting from canning or other dispostion thereof containing a high
moisture content not susceptible to ready draining, may be deposited
and segregated with non-combustible garbage.
Section 5. It shall be unlawful for any person, firm or
corporation, to store or permit the storage of garbage, waste, refuse
or other like substances on or about their premises, or premises
occupied by t .em, unless such garbage is kept in a standard garbage
can of not to exceed thirty (30) gallon capacity.
Section 6. The City reserves the right to, and may at its
option, require the segregation of paper and swill or other component
parts of garbage , and may require the deposit thereof in separate
cans and may prescribe the method of disposal thereof.
Section 7. It shall be unlawful for any person, firm or
corporation to throw, place or scatter any garbage as listed above
upon any city street, alley or driveway, or adjacent thereto,
either with or without the intent of later removal , or to suffer or
permit the accumulation of such on any premises owned, occupied or
controlled by such person, firm or corporation, which would make
- -such premises offensive, unsanitary, unsightly or unsafe to public
health, or hazardous to fire.
Section $. The regular rates and charges to be set forth
�heeinafter, or by Ordinance subsequent hereto, shall be based upon
cas conveniently located not to exceed fifteen (15) feet from the
sprrperty line and bordering on the route of the garbage collector,
and easily accessible from the street, alley or other place, and in
case a can is kept inside of a building behind closed doors making
it .necessary for the collector to rap or otherwise obtain access
from the owner or occupant , there shall be an additional charge
based upon the actual time consumed by reason thereof.
" � - Section 9. The monthly rate to be charged by the City
4hall.ibe as follows:
F I
f if H1`, For one (1) can of garbage emptied once a week,
sixty (600 ) per month;
f (N)'
For one (1) can of garbage emptied twice a week,
91.05 per month;
For one (1) can of garbage emptied three times each
/ week, s 1.35 per month;
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For sunken garbage cans there shall be an additional
charge of ten (100 ) for each pickup;
For itional cans there shall be an additional charge
of � ..cents V1) per can per pickup for ordinary
cans, and ten (100) cents per can per pickup for sunken
garbage cans;
There shall be a minimum monthly garbage collection charge
of sixty (60¢) cents for each occupied dwelling.
Section 10. All charges shall be due and payable at the
office of the City Treasurer at the same time the water bill for such
premises shall become due. If any account is permitted to become
delinquent a penalty of twenty-five (250 ) cents shall be charged a-
ainst the delinquent; and if the delinquency shall remain for sixty
(60) days or more a lien shall attach against the property from which
the account accrued, to be enforced in proceedings similar to those
employed in liens for labor and materials.
Section 11. The City shall as soon as practicable after
the taking effect of this Ordinance receive bids for the collection,
removal and disposal of all garbage, waste, refuse and other like sub-
stances in said City, which bids shall be based upon a unit of one
garbage can of the capacity shown in this Ordinance, as to all pre-
pared garbage , per month, to be collected weekly as to dwellings, and
three times per week as to business places other than those having dry
garbage only; and as to the latter, as often as the accumulationnhere-
of shall make it necessary in the opinion of the health and sanitation
committee of the City Council; and the City shall enter into contract
with the successful bidder for the collection, removal and disposal of
such garbage, refuse, waste and other similar substances as provided in
this Ordinance.
Section 12. From and after the effective date of this
Ordinance it shall be unlawful for any person other than the duly
authorized Contractor, to engage in the business of collecting, remov-
al or disposal of garbage, refuse, waste and other like substances, in
the City of Auburn, or to use the garbage dump without special permis-
sion for the specific purpose desired. It shall be the duty of every
person to cause such garbage and refuse to be removed and disposed of
by the garbage and refuse department of the City.
Section 13. Large suitable containers for dry garbage
which cannot be placed in cans may be used with the consent of the
collector and the proper city official or officials; and special loads
which cannot be placed in cans may be contracted for with the collec-
tor, who in turn shall turn in the charges for such special loads to
the City Treasurer for collection. Ninety (90%) per cent of the
moneys so collected for special loads shall be paid to the Contractor
each month, which said moneys shall be paid in addition to the amounts
specified in his contract.
Section 14. Contractors under the provisions of this Ordin-
ance shall be required to enter into a surety bond conditioned for the
faithful performance of their duties, and the payment of any and all
damages occasioned by their willful act or negligence of their duties,
said bond to be in a sum to be determined by said City Council and to
be set forth in said call for bids and said contract.
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Section 15. It shall be the duty of every person in
possession, charge or control of any dead animal, or of any premises
on which the same may be located, to cause the same to be removed
and disposed of, within twenty-four ( 24) hours after notification,
by the garbage collector, for which service the collector shall
receive a fee of fifty cents (0.50) for each cat or dog or small
animal, and approximately one cent (00.01) per pound for larger
animals.
Section 16. The Collector shall follow the regular walks
for pedestrians, and no trespassing upon or crossing adjoining
premises or meddling with property that does not concern the
Collector in the performance of his duties shall be permitted.
Section 17. The Collector shall not permit any street,
alley or private property which he may cross to become littered
or strewn with refuse or falling particles from his conveyance or
from the garbage, waste or refuse he may carry in any manner, but
shall see to it that all such particles are removed therefrom
immediately after falling thereon; and in collecting and dispos-
ing of garbage , waste and refuse, the Collector shall not cause
any unnecessary noise, and in no case shall he throw or roughly
handle cans , tops or other receptacles, hor indulge in loud
boisterous talk, whistling, or sounding of horn that will tend
to disturb or disquiet the locality.
Section 18. It shall be unlawful for any persons
other than the owner or person in charge of the premises, or an
official of the City or the Collector of garbage, to remove or
lift the cover of any can or receptacle, and no other person
shall tamper with or remove any articles or materials therefrom.
Section 19. The Collector shall have the sole right
to take and retain salvage from any garbage collected, removed
and disposed of by him.
Section 20. It is specifically provided that the
Collector may not be required to remove swill except upon special
Contract therefor with the person requiring the service; but said
swill shall be removed from the premises of any property owner not
less than three times per week.
Section 21. The Garbage Collector shall keep an
accurate account of all services rendered by him, with the names,
locations and items and dates of service on forms to be furnished
by the City Clerk, and shall turn the same in to the City Clerk
not later than the 20th day of each month; and said Garbage
Collector shall also be required to provide a telephone for the
receiving of calls relative to matters connected with his contract,
or report at regularly specified times as the City may require , to
the City Clerk.
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Section 22. In the prosedution for the violation of any
provisions of this Ordinance it shall be competent to prove that the
person failing to furnish and provide or maintain such metallic can
or deposit garbage therein as in this Ordinance provided, is purchas-
ing water from the City of Auburn for use upon t .e premises, and
proof of such purchase of water shall be prima facie evidence that
garbage is accumulating upon such premises.
Section 23. Any person violating any provision of this
Ordinance shall be deemed guilty of a misdemeanor and upon conviction
thereof shall be fined not less than Five (: 5.00) Dollars nor more
than One Hundred ( 100.00) Dollars and subject to imprisonment for
not more than ten (10) days.
Section 24. This Ordinance shall take effect and shall be
in force on and after December 1 , 1948.
Introduced: %o--v--. /G 1948
Passed �v- /G 1948
Approved 97„-ar. /6 194$
M A Y 0 R . /
ATTEST:
ITY CLERK
APPRO _,D AS TO
FORD
•
to CITY ATTORNEY
PUBLISHED: 1948