Loading...
HomeMy WebLinkAbout15300 ORDINANCE NO. 1530 AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, RELATING TO HEALTH AND SANITATION, PROVIDING FOR THE ESTABLISHMENT, MAINTENANCE AND OPERATION OF A UNIVERSAL, COMPULSORY SYSTEM FOR THE COLLECTION, REMOVAL AND DISPOSAL OF GARBAGE, REFUSE AND DEAD ANIMALS, PROVIDING FOR THE HANDLING THEREOF EXCLUSIVELY ON CONTRACT OR BY MUNICIPAL OPERATION, PROVIDING FOR THE AMOUNT AND METHOD OF PAYMENT OF GARBAGE COLLECTION CHARGES, MAKING DELINQUENT CHARGES FOR SERVICES PERFORMED A LIEN UPON PROPERTY, PRESCRIBING PENALTIES FOR ITS VIOLATION, AND REPEALING ORDINANCE NUMBER 940 OF THE CITY OF AUBURN, AND ALL AMENDMENTS THEREOF, AND ALL OTHER ORDINANCES OR SECTIONS OF ORDINANCES INSOFAR AS THEY ARE IN CONFLICT HEREWITH. THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. COVERAGE, This ordinance shall apply to all territory embraced within the corporate limits of the City of Auburn, Washington, and area of police jurisdiction thereof. Section 2. INTENT. The maintenance of health and sanitation require, and it is the intention hereof, to make the collection, removal and disposal of garbage, refuse and dead animals within the City of Auburn compulsory and universal. Section 3. DEFINITIONS. (a). REFUSE. The term "REFUSE" shall include garbage, rubbish, ashes, swill and all other putrescrible and nonputrescrible wastes except sewage, from all public and private establish- ments and residences. (b). GARBAGE. The term "GARBAGE" shall include all putrescible wastes, except sewage and body wastes, including vegetable wastes, animal offal, and carcasses of dead animals, but not including recognized industrial by-products, and shall include all such substances from all public and private establishments and residences. (c). RUBBISH. The term "RUBBISH" shall include all non- putrescrible wastes, except ashes, from all public and private establishments and residences. (d). SWILL . The term "SWILL" shall mean and include every refuse accumulation of animal, fruit or vegetable matter, liquid or otherwise, that attends the preparation, use, cooking, dealing in or storing of meat, fish, fowl, fruit, and vegetables, except coffee grounds. (e). ASHES. The term "ASHES" shall include the solid waste products of coal, wood and other fuels used for heating and cooking, from all public and private establishments and from all residences. (f). PERSON. The term "PERSON" shall mean every person, firm, partnership, association, institution and corporation. The term shall also mean the occupant and/or the owner of the premises for which service hereinmentioned is rendered. Page One (g). HEALTH OFFICER. The term "HEALTH OFFICER" shall mean the city or county health officer, as defined in Sections 70.04.030, 70.06.020,.70.,04.020 , of the Revised Code of Washington. (h). COLLECTOR OF REFUSE. The term "COLLECTOR OF REFUSE" shall mean the person or persons entering into contract with the City of Auburn for the removal of refuse as provided by this ordinance. Section 4. SANITATION SUPERVISOR. For the purpose of carrying into effect the provisions and aims of this ordinance, there is hereby created the Office of Sanitation Supervisor, the holder of which office shall have supervision under the direction of the health officer of the collection of garbage, and shall have full charge and control of all the worn provided for and contemplated under this ordinance and as may be provided for by Rules and Regulations adopted by the City Council and shall further have charge of all collections and the enforcement of all charges for service rendered, and shall exercise the duties of his office under such regulations and restrictions as shall be approved by the health officer in a contract to be entered into between the City of Auburn and the Collector of Refuse. The Sanitation Supervisor shall be appointed by the Mayor with the confirmation of the City Council, and shall be paid such salary as shall be determined by the City Council. Section 5. MUNICIPAL COLLECTION - ALTERNATIVE. This ordinance empowers the City of Auburn to buy, maintain or lease and operate equipment for the removal and disposal of refuse within the City of Auburn in the event such alternative method of disposal is deemed necessary by the City Council of the City of Auburn. Section 6. ACCUMULATION OF REFUSE. It shall be the duty of every person in possession, charge, or in control of any dwelling, flat, room— ing house, apartment house, hospital, school, hotel, club, restaurant, boarding house or eating place, or in possession, charge or control of any shop, place of business or manufacturing establishment where garbage, refuse or swill is created or accumulated, at all times to keep or cause to be kept portable appurtenances, metal or other approved cans for the deposit therein of garbage and refuse, and to deposit or cause to be deposited the same therein. It shall be the duty of the owner of any dwelling, flat, apartment house or trailer camp to furnish or to see that his tenants are supplied with such cans. Page Two Such cans shall be constructed in such 2 manner as to be strong, watertight, not easily corrodible, rodent -proof, insect -proof, of not less than 1$ and not more than 30 gallons' capacity, shall have two handles at the sides thereof and tight -fitting lids. Such lids shall not be removed except when necessary to place garbage and refuse in such cans or take the same therefrom. When garbage and refuse is placed therein or taken therefrom, such lid shall be replaced by the person placing the same therein or taking the same therefrom. Refuse or garbage cans shall not be filled with dish water or other liquid or semi- liquid kitchen wastes which are properly disposable down the sanitary drains. Such cans shall not be overloaded beyond the point where covers can be securely replaced. Such cans shall be kept in a sanitary condition with the outside thereof clean and free from accumulative grease and decomposing materials. Each can shall be kept in a place accessible to the collector, so that he is not required to carry the refuse farther than necessary. Each garbage can shall be kept clean inside and out, so that no odor nuisance shall exist, and the area around said cans shall be kept in a neat and sanitary condition. The garbage collector shall place tags on garbage cons found to be in violation of this section, and notify the Sanitation Supervisor, The tag shall have a perforated stub, with identification number and place for location and description. Two or more violations of this provision by persons shall subject the person to penalties described in Section No garbage can shall be overloaded with earth, rocks or heavy refuse beyond the point where one pick-up man can lift the can to the pick-up truck. Special pick-ups shall be placed at the garbage can or as near thereto as possible. Customers must restrain vicious dogs beyond reach of the garbage cans and prevent any interference with pick-up men on this account. Large, suitable containers for both collection of garbage and refuse may with the approval of the Sanitation Supervisor be used by hotels, restaurants, boarding houses, eating places, apartment houses, schools and hospitals, and in the business district. Page Three It shall be the duty of every person to cause such garbage and refuse to be removed and disposed of only by the Collector of Refuse. It shall be the duty of every person in possession, charge or control of any dead animal or upon whose premises the same may be located, to forthwith cause the same to be removed and disposed of by said Collector OF Refuse, during the hours of 8:00 A. M. to $:00 P.M., Mondays through Saturdays. This section is subject to the proviso that in the case of isolated dwellings or places of business located in sparsely settled portions of the City, or where reasonable access cannot be had by truck, or where there are particular items of garbage or refuse which cannot be placed in suit- able containers for collection, such garbage and refuse therefrom may, upon special permit of the Sanitation Supervisor, be collected, removed, and disposed of in such a manner that said Sanitation Supervisor shall approve and direct. Garbage and swil'I shall not be disposed of upon private premises by incineration. I Section 9. RESTRICTIONS, It shall be unlawful for any person to burn, dump, collect, remove, or in any other manner dispose of garbage or swill upon any streets, alley, public place or private property with the City otherwise than as herein provided. Waste paper, boxes, rubbish, and debris, brush, leaves, grass, woods and cuttings from trees, lawns, shrubs, aid gardens (but excepting paper, cardboard or wood containers in commercial quantities) may be burned on private property in furnaces, or upon special permit from the Fire Chief. It shall be unlawful for any person to bury, burn or dump waste paper, boxes, rubbish and debris, grass, leaves, weeds and cuttings from trees, lawns, shrubs, and gardens, upon any street, alley or public place, or collect or remove the same over any public right-of-way in the City of Auburn. Section 8. COLLECTION. The collector of refuse shall collect, remove and dispose of all garbage and refuse in the residential sections of the City at least once each week, and from hotels, restaurants, board- ing houses, eating places, apartment houses, schools and hospitals and in the business sections of the City of Auburn, as designated from time to time by the Sanitation Supervisor, at least once each day, or in either of said districts as often as required by said Supervisory Residential sections of the City shall include all portions thereof not Page Four otherwise designated. Section 9. SEPARATION OF REFUSE. The City reserves the right to and may have option to require the separation of paper or swill or other component parts of garbage and refuse, or any of'them, may require the deposit thereof in separate cans or receptacles, and may prescribe the methods of disposal thereof. Unitl otherwise provided, with the approval of the Garbage Supervisor and subject to the rulesand regulations of the City Council, swill may be used or sold by the persons producing the same and removed beyond the city limits by the persons using or purchasing the same. Section 10. PUBLIC PLACES. It shall be unlawful for any person, firm or corporation conducting any hotel, restaurant, or any public eating place to deposit, throw or place swill or other refuse food matter in a lane, alley, street, or other public place, or to deposit, throw or place any swill upon any private property regardless of ownership, unless said swill shall be enclosed in vessels or tanks of type approved by the Sanitation Supervisor, and which shall be perfectly watertight and shall have tightly fitting covers, which covers shall not be removed except when absolutely necessary for the depositing and removal of swill. Such vessels or tanks shall be kept in the rear of the premises or in the basement, or other place authorized by the Sanitation Supervisor, so as to be readily accessible for collection, and shall not be kept upon the street, alley or sidewalk or public place. All such tanks or vessels shall be promptly delivered to the collector when called for and shall be returned by him without unnecessary delay, and no person, except for purposes of collection under license, shall in any manner interfere with said vessels or tanks or with contents thereof. Section 11. DISPOSAL OF GARBAGE AND OTHER REFUSE. All disposal of refuse shall be by method or methods specifically approved by the State Department of Health, provided, that said method or methods shall include the maximum practicable rodent, insect, and nuisance control at the place of disposal, and provided, further, that animal offal and carcasses of dead animals shall be buried or cremated as directed by the Health Officer. Section 12. CONTRACT TO COLLECT GARBAGE. The City shall contract annually with a private operator for the collection, removal and disposal Page Five of all garbage, waste, refuse and other like substances within the corporate limits of the City of Auburn, except for those areas subject to municipal garbage franchise pursuant to Chapter 282, Laws of the State of Washington for the year 1957. The City shall receive bids for such garbage collections and disposal annually, which bids shall be based alternatively in one of two ways: (1). On units of one or two garbage cans a week for residential collections and a fixed percentage of the city's garbage collection revenues for all other collections; or, (2). On a fixed percentage of all of the city's garbage collection revenues. The City shall enter into an annual contract with the successful bidder for the collection, removal and disposal of all garbage, waste, and other similar substances as provided in this section. Each successful bidder shall furnish corporate surety bond to the City of Auburn in the sum of five thousand dollars ($5,000.00), condi— tioned upon the faithful performance of his contract and compliance with all ordinances of the city and all rules, regulations, laws and statutes relating to his business, particularly all rules and regulations and matters relating to the maintenance of any dump or sanitary fill. Section 13. COMPLIANCE. Every person shall dispose of all garbage promptly according to the terms of this ordinance and rules and regula— tions, and no person shall perform any of the provisions of the contract referred to above except the collector of refuse. Only the collector of refuse shall use or be permitted to use the sanitary fill or fills or other place of disposal established and used by the City of Auburn, and he shall be responsible and be required to maintain said place or places of disposal in a sanitary manner at all times and in compliance with all applicable statutes, rules, regulations and ordinances of the City Council, and orders of the Sanitation Supervisor and Health Officer. Section 14. CHARGES. The monthly rate to be charged by the City shall be as follows: One can of garbage emptied once a week — $ .85 a month Two cans of garbage emptied once a week — $ 1.25 a month Three cans of garbage emptied once a week — $ 1.65 a month Page Six One can of garbage emptied twice a week $ 1.30 a month One can of garbage emptied three times a week - $ 1.70 a month For sunken garbage cans there shall be an additional charge of 10 cents for each can per pickup. For extra cans there shall be an additional charge of forth cents (400) per month for each additional can. There shall be a minimum monthly garbage collection charge of eighty five cents OSO for each occupied dwelling. Section 15. DELIQUENT ACCOUNTS - LIEN. Charges for refuse collec- tion and disposal shall be conpulsory and shall be billed monthly to each residential and commercial account. Said charges or accounts shall be paid at the City Treasurer's office by owner or tenant, on or before the tenth (10th) day of each month following the date of billing, and if not paid shall become delinquent after the first (1st) day of the following month. A deiiquency charge of fifty cents (500) to cover extra cost of collection shall be added to all accounts which have been deliquent for thirty (30) days or more. Charges for refuse collection and disposal shall become a lien against the property. Service may be suspended for non payment of such account. Such suspension shall not relieve the person owing such account from the duty of complying with the provisions of this ordinance. Such suspension shall render the premises with such services suspended subject to condemnation for sanitary reasons. It shall be the responsibility of each person furnished garbage collection service to notify the Sanitation Supervisor of any desired alispension of service. Section 16. DEAD ANIMALS - COLLECTION AND CHARGES. 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 one dollar ($1.00) for each cat or dog or small animal, and approximately one cent ($0.01) per pound for larger animals. Section 17. POWER OF CITY. The City of Auburn shall have the power, Page Seven " from time to time, in an appropriate manner to set forth and determine rules and regulations and rates, duties and responsibilities and necessary salaries, and such other matters"as may be necessary in the discretion of its City Council for the proper execution of this ordinance. The City of Auburn is hereby empowered to carry out all the terms and provisions of this ordinance and to collect and dispose of refuse in the manner provided herein. However, it shall not exercise such power if the collector of refuse is faithfully performing any valid contract with said City, or unless the City purchases the property of the Collector of Refuse. Section 18. SEPARABILITY. If any section, provision or part there— of of this ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision, or part thereof not adjudged invalid or unconstitutional. Section 19. REPEAL. That Ordinance Number 940, and all amendments thereof, and all other ordinances and sections of ordinances insofar as they are in conflict herewith, are hereby repealed. Section 20. PENALTIES. Any person violating any of the provisions of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not exceeding three hundred dollars ($300.00), or imprisonment for a term not exceeding ninety (90) days, or both, in the discretion of the court. Section 21. EFFECTIVE DATE. This ordinance shall take effect five (5) days from and after its passage, approval and publication as provided by law. 11 ATTE' T: p, A R0�I PUBLISHED: Cit erk 0 FORM: City tl-tney -.27- 4—> INTRODUCED: JUNE 544 1962 PASSED: JUNt 1y, 1902 APPROVED- Jl�UNE 19, ,1962 Usx e�7 J"� M A Y 0 -/ i R Page Eight