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HomeMy WebLinkAbout465ORDINANCy NO._�4L- AN ORDI11iA1192 dAfining garbage and waste matter, declaring the accu- mulation thereof witr.in the City of Auburn to be a pualie nuisance and d trinental to the public health and offensive to the senses,pro- vidirld the manner of disposal thereof,providinb for the lettir43 of an exclusive contract for the removal and destruction of garbage and waste matter and lead animals and fowls,,providinz, penalties for vio- lations hereof,and repaaling Ordinance TTo.268 and Ordinance No.297 of the Ordincqnces of the City of Auburn. M i The City Council of the City of Auburn do ordain as follows: - ---� Section .1. M:is entire ordinance shall be leamel a:r, exercise of the police power of the State of Mshington and of the City of Auburn N' i 1 and is demed expedient to maintain the peace,good goverar.2ent and wel- fare of said city and its trade commerce and manufactures and to pro. y r P riote the health of the inhabitants of said city,and all of its pro- _ visions shall be liberally constru:ad for the accomplishment of such c U �= O W > purposes. section 2. gnat every accumulation of garbage,ashes or any rraste natter or rezas2 substar_ces (except stable manure in quantities not exceeding, A_ cubic yards in a stable) Within the corporate limits of the City of Auburn be and the same is hereby declared to be a poi 4 public nuisance and detrimental to the public health and offensive i to the senses.. tV; ,adoi section 3. For the purposes of this ordinance the word 9garbage* ` shall be held to include and mean kitchen and table refuse and offal, swill and every accumulation of animal and vegetable matters and sub- stances that attend the preparation,consumption,decay,or dealini; in, or storage,of meats,fish, fowls ,birds,fruit,vegctables,or any other substance that is in the process of decomposition that givss off an o- odor offensive to the senses; and the torn "waste matter" shall be T held to include and mean broken crockery, discarded bottles,tin,iron 7 !! or ottr vessels,paste board boxes,woode!l boxes,paper,straw, packing MitI rratsrial,ashes, and all other discard or vraste substance of r:hateve,, nature, character or description. Z o section 4. ?hat as fast as Uarbaga aCCUI :sates ui)on any pr nlaMn in th4 City of Auburn it shall be deposited in metallic cans of not C zgr;aate-r capacity than 36 gallons :achz properly covered so as to pre- vent f112.e from entering such cans or escaping therefrom,free from leaks,and maintained at"all times in such condition that vyaasts materi- al will readily pour therefrom; that boxes,barrels of all kinds,all hollow material or ware,and all bulky rubbish in genexal,sliall be brok- en and cut up in such_ a vray as to be conveniently handled and loaded, and so as to take up as little cubic spaca as possible; that as fast as other waste ;,latter accumulates upon Way premises in tha City of Auburn the wire shall be deposited in cane o r. crates or boxes of such a character that the same may be conveniently kept or moved and will provc.;t such waste matter from being; strevm about the streets or prem- ises; that no garbage or caste matter as define% in this ordinance shall be scattered or allowed to become scattered either on the public strzets,alleys,sidevralks or private property of the City of Auburn; and that Mel,, garbage can used for the deposit of garbage from a plac<> of business in the City of Auburn shall at all tiros have plain- ly painted thereon the name of the owner thereof or person entitled to use such can,aud that it shall be unlawful for any person other than, the person whose mane is so painted thereon to deposit any gar- bage or waste matter in such can. section 5. 'Mat it shall be unlawful for any h0useholder,head of a fanUIy,tenant ,.or proprietor or operator of a place of business,with- in the corporate limits of the City of AubUrn,to permit garbage or waste natter that has accumulated upon his premises to rer.a.in upon said premises for a period of time longer than thirty (30) days from the date of the first accumulation thereof,a.:d that such garbage and vaste natter shall be resorted beyond the corporate limits of the City of Auburth and destroyed at the 33qpense of such householder, hoad of the fairiily,proprietor or tenant; and that all garbage that consists of gusto fruit,vegetables,an.:Uial, fowl, fish, or kitchen or table reft;se or cffal,swill,;and any and all waste matter that is or may,pe ome offeihsive to the senses shall be removed every y hours; provided,hOwever,that ashes that have at all tunes been kept and are entirely separate and apart from garbage and other waste inat.. r ter Ma- be removed to and deposited in such place or places within the corporate liriits of tiie City of Auburn as the City Council may from time to time by resolution designate and that no garbage shall be destroyed within the corporate limits of the City of Auburn unless the saiiie be destroyed by burning to an odorless ash, Section 6. Thant it shall be unlawful for any person to permit any d:ad animal or fowl to remain on his premises for a period of time longePthan six (6) hours after the death thereof,or to remove the sa:,e to the premises of another, or upon the public streets,alleys or public places of the City of Auburn; Provided, however, that this sec— tiOn shall not apply to annuals or fowls killed or slaughtered for the purposes of trade and kept for sale by persons engaged in the business of marketing iacats. ^ section T. :eat it shall be un:lawfLil for any person to butcher, slaug"rter,or kill animals for any purpose whatsoever within the CO3:%- Dorant's limits of the City of Auburn. All buildings,equipment and things used for the purpose of killing and slaughtering animals with- in the corporate limits of the City of Auburn are i-axeby declared to be a public nuisance and may and sla ll be abated as such. section 8. That it shall be unlawful for any person to t'rrow or deposit any garbage or waste matter (except clear. ashes in such place or places as the City Council utay from time to time by rusolu, tion dcaigiate) on any of the streets,alleys or public places of the City of Auburn,or on the premises of another. Section 9. Th<.t all stable manure removed from a stable sM ll be deposited in a box or bin with a cover,wnich cover shall be kept se- curely closed so as to prevent flies escaping therefrom when such box or bin is not in use of being filled or emptied, Section 10, That f:jr the purposes of this ordinance the words p�Arbage eontractorl shall be held to include and lWan.the perann, firm or corporation to whpm the City Council,by resolution or notion passr--d at a regular meeting thereof and incorporated in the minutes Of such meeting,has give: and granted the exclusive privilege and rigiit to move, transfer, transport or convey within the limits of the City of auburn,for hire,garbage,waste matter and dead animals alid fowl, a:.d to destroy the same,and has given and granted the exclusive priv— ilege and right to contract with the inhabitants of the city of Auburn i for such removal and destruction. :,ection 11, That it shall be. unlawful for any person, I'ix": or con- Ordi-' poration other than the garbage contractor as defined by this nance to move, transport, transfer or convey any garbage,,or waste mat- tC Y er,or�d,:�ad aninal or foul,for hire,within the coi- prate limits of 0 tide City of Auburn. Section 12, That tide garbage contractor shall wholly at his own expense acquire by lease,purchase or Otherwise and provide and main- tain a place and grounds as a garbage duirp to %nicil all garbage and waste clatter and lead animals and fowls accumulated or aceurmlating within the limits of the city of Auburn and removed by tide garbage contractor stall be remmoved and th,�re destroyed; that such place and 0 o grounds to be so used as a garbage durap shall be wholly outside of m ,tha corporate limci�ts.,o1f; tho city of Auburn and not less than _ FSO Aroe,moasured in a straight line,from the nearest part of such corporate limits; that tire garbag^ contractor shall at all tin:as save the city of Aubun-I harmless from any and all claim arising or to aris= from the '.iSe of such plat^ and grounds a;; a garbage dump and will,wholly at his own exz:ense,defend any suit, action or claim (if any) brought or claimed on account of such usc; that all of the provisions of this ordinance,in so far as the sairB relate to or affect rracr. garbage contractor, shall 'oc aem. ed 6 contract between the city of Auburn and such Curoage contractor *s hilly kind to the same mctcnt as though the sw--e wore zully included in a s.:.uar- ate writteiA contract between the City of Auburn Lull Such garbage ^on- tra;tor; and that before any resolution or motion passed by the City 8 COUnCil and giving aril excll.lblvr righT ajlu pr1v11erfPu to novt4,tranerer,transunrt or convey any ga"rba�;.. -aCt? i9att3r,Or dead anlma.1 or fow.L,for h1re,1slt.Lln the corporate limits of the City Of Auburnsaria 61vlYig .s1L4 gr-uitinZ Lne-Mclusive right avid Privilege to contract with the inha.bitanzo of the City Of AubLlrl for such re— moval ahhd d.estructloll, for hire,shall become eff etive,t_.c ;?Orson,firm or cOrPOration to rhom such Exclusive right and privilege IS by reso— lution or motion so given and granted shall furnish a surety bond to the City of Auburn,to be approved by the City Council,in the sum of On^ Thousand Dollars (Y1,000.00),conditloned for the Paithf4a1 per— fozrm/lce of his,their or its contract and compliance rritil all of the ordinanceS of the City of Auburn. GOctiOn 13. That the City Council shall. every (dy ears or as frequently as may be required,let to the b.st biller tide exclu— siv; right and privilLege to collsct,move,transfer,transport and con- vey garbage alld'Eraste matter,and dead animals and forrls,ivitlin the 3 limits of the City of Auburn and to destroy the same,for hire,and the \jaxclasiv-: -_:rivilege and right to caltract writh the inhabitants of the City of Auburn for such remov..1 and dpStraction,for hire. \: z o saction 14. Upon direction of the City Council,ths City Clerk Shall 3 advrtise for bias for the contract and exclusivo right and privilege hereinbefore mentioned,in. confornity rritil the ordinances of the City of A arn,the rirst publication of Bch call for bids to be at least days prior to the time for tmanll.�" ISVZIe. nct: Y City Council shall M ve the porter to reject any and all bids and shall az,e,ra such exclusive right and privilege and contract to the person, firm or cori,oration in their judLl;nent best cgaalified and equip— ped for the performance of such contract. In subLlittinZ bids, malt bidder stall specify the monthly rates and charges to .00 made by him for the removal alld 4estruCticn of garbaip and waste matter and the and frequency with which he Will c011eC'tk, destroy jarbage anti raaste matter,and tile rates and charges to be made by him for t'r.e removal and destruction of dead animals and foWls,as in this ordiivalce pro. vided, Hach bid shall be insubstantially the following forte., uTo tiie .,Mayor and City Council of the City of Auburn; The undersigned submits the following bid for the exclusive right and privilege to collect,remove and destroy,for hire,garbage and waste matter and deal animals and fowls accumulated and to accumulate within the limits of the City of Auburn and for the exclusive privilege and right to contract with the inhabitants of the City of Auburn for such removal and destruction,for hire,ai)d to collect car4ensation for Bitch removal and dAstruction,pursuant to the provisions of Ordinance No. y 64- ,at the following monthly rates or fees and with the frequency stated opposite each place of business named or referred to below* viz: PLAOZ of BUSIN SS, XONI ILY 'Fq,.2MRUziaax OF COITZOTION, CIRA,IGB, t4,4# nag reprasealts ja4=W ea.4,sjt- 1°��rI go# presents � r 'du snmitweclay , r0pr3sents Weekly T s� K0 rep rosent0 semi-monthly ra?zonts mOntillye Garbage. Waste Clean matter, ashes, ( exc op t clean ashes) ]3akary--------- -- --' Bank- - - - - - - t - - - - -- Barber shop - - - - - - - - - - -t ----~---- Boarding house,- - - - - - - J Book and stationery store,- - -M� Butcher shop and (or) risk lmxket---- - - - - -- - - - ate _ _ — Butcher shop and retail gro- cer combine,- Cigar store - - - -- - - - --: Cigar store with fruit- - - - q Cloth_nF; & shoe store- - - -- Departmellt store- - - - - - - -� Drug store- Drygoods store- Alectricual Supplies-- 3bxpress and (or) railroad office •-------------$�-- Feed story- - - - - - - - - - _3 Garage ------------ Gents furnis:2ing store- - - - -�� Hardviar3 store - Hospital - _ _ - - - - - - - - -- Hotel with cafe- - - - - - - - Hotel without cafe- - - - - - Lodge and (or) club- - - - - -— - Officebuilding- - -- -- - - Faint and wall paper store~- Pool room - - - - - - - - -- -_ -� Printing Office- Private resilance- Racket Bazaar & notion store- — - Real estate and (or) ina,office„- Retail grocer- - - - - - -- - -3_. 4 Second hand store - - - - - - -_,_q Tea ana c-,Wc:ry store,- - - - --- Tirsnop, sheet metal works and (or)plumbars- - - - - - - - - Store or place of business not above specifically mangy-- tloncd- - - - - - - - - - - - l-- - - _ - A UMAi, ZARGA3S S. teach horse,cow or other large animal,- - - -- - - - - - - -,, ]Sa--h hog, colt, calf,sneep goat or oth^, anival of similar size not !'Ierstoforem'1itloned,----------- - - -- x� :Ca.ch dpg,cat,chicken or other domestic animal or foul not heretofore mentioned,- - - - - - - - - - - - - - - - - Y� Dated at �!__�,ti'lashingtono_ ___-_-_-- ,19----• Bidder.° Section 15. 3very contract entered into between the City of Auburn and a garbage contractor by virtue of this ordinance may be terraivatd by tiie City of Auburn upon sixty (60) days written notice,upon condi- tion that the city purchase all egalpment used in connOCtion therWith, including the interest of the garbage contractor in the lands and prem.- Joao then used b;;7 hiin as a garbage dtu*. and a place for the dumping and destruction of garbage wild waste matter and dead animals and fowls, at a valuation to be determined by a board of three appraisers, one to be appoint-d by the City of Auburn,one to be appointed by Via gar'oags contra.-tor,and the other to be appoint -a oy the other two thus appoint- ed. In cas either the City of Auburn or the garbage contractor shall nYglcct or refuse to 11ypoint an appraibar MvjLI ijn k.n, p�j•io•a or tM, days altar thy! st-rvice of nuoil vvTitt^rl nu0-u1%,t11e then Eresilinp ,T1dge of the Superior Court of the State of Mshington,for the Gounty of xinly.gay annoint such appraiser,and the an-oraiser so appointel shall have the same powers as though appointed by the party so neglect- ing or -refusing to make such appointment. Section 16. Tee garbage contractor snalI at all times maintain an office jitnin the City of Auburn,equippe3 with a telephone. section 17. The City of Aubur1: shall in no way be liable for the pavra,jnt of any part of the costs and charges of eoilectiil„remo'^ing or destroyiii,g garbage, or wastk matter, or dead animals or fowls, a„ pro - VIA d bf t,lis or�U=ce,but all such costs and charges shall be paid to the garbage contractor by the persons whose garbage,waste :natter, or dead animals or fowls,is removsd and destroy-rd. Section 18, This ordinance shall not prohibit any person from haul- ing or moving,for hire or otherwise,any stable or other manure and de- positing the same upon the ground,eitiher within or without the corp- orate limits of the City of Auburn,where the same is to be used for fertilizing purposes; also this ordinance shall not prohibit any per- son from hauling or moving from places within to places without the corporate limits of the city of Auburn,for hire or otherwise,.trees,or limbs or branches of treee,or cuttings or prunings from trees. The garbage contractor shall not be required to remove or destroy any stable or other manure,or trees,or limbs or branches of trees,or cuttings or p r%.nings from trees,under the terms of his bid as provid- ed in -section 14 of this ordinance. i Section .19, That the garbage contractor shall give a receipt to each person from whom he collects garbage and (or) waste matter,show inL; the date thereof,the period for which the garbage and (or) waste matter charge has been paid,the amount charged per month,and the character of the business or building for which such charge has been collected*and there shall be plainly printed upon the back of each ! such receipt the rates charged and the frequency of collection as stat- ed in such garbage contractor's bid,made as provided in Section 14 oTh f this ordinance.. e form of such receipt and of the printed matter upon the back thereof shall be approved by the City Clerk. 4 �r section 20. In case airy person shall consider himself aggrieved on acco°-nt of the charges exacted or demanded from him by ties garbage �i contractor,or on account of the claims of the garbage contractor as to the proper claWfication of such person's premises or as to the garbage or waste matter which the garbage contractor is required to o remove or as to the frequency with which he is required to remove same or as to the manner in which such person delivers such garbage or m waste. matter to the garbage contractor,such person may appeal to the City Council from such exaction, demand or claim of the garbage contrao- tor,by causing a written notice of his appeal,signed by himself,to be served on the garbage contractor and filed with the City Clerk, sue_,: notice of appeal shall state plainly the matter or matters comp plainad of and the alleged grounds upon which the appeal is based,. u,e City Council shall hear such appeal at its next regular meeting to be held at least five (5) days after such notice of appeal is so served and filed, or at such later time as such hearing ,,,ay be contin- ued to,ar4d shall ti.ersafter render its decision upon such. appea4 The d^cision of the City Council upon such appeal shall be final and binding upon both the appellant and the garbage contractor,sub,ject only to review by proper proce^dings in a Court of Record. Section 21. The City pouncil reserves unto itself the power to 4)&*AWAA cancel and revoke the exclusive privilege and right there.. tofor,e given and granted by it to the garbage contractor under the provisions of this ordinance for failure or refusal of such garbage contractor to faithfully and fully comply with all or any of the terms of this ordinance,which are by the taof this ordinance to be complied with by such garbage contractor,or for the failure or refusal of such garbage contractor to faithfully and fully keep and perform all of the terms and conditions of the written contract (if any) entered into between the City f ouncil and such garbage contrac- tor and relating to such exclusive privilege and right theretofore granted. At least twenty (20) days before cance3Ung or revoking such exclusive privilege a_d right,or holding any hearing upon proceedings instituted for that-,�-rpose,the City Council shall cause to be served upon the garbage oo1­_--,-2htcr a written notice stating the time. and place of hearing con,. such proposed cancellation and revocation and also stating th, grounds alleged for such proposed cancellation and revocationgand at such hearing the garbage contractor shall be entitled to be heard and to introduce the testimony of witnesses. The action of the City Council,after such hearing, relative to sucl, cancellation and revocation shall be final,sub,ject only to review ley D roper proceedings in a Court of Record.. 8,3ction 2R. It shall be the duty of the garbage ®ntractor,froin time to time,whenever requested by the City Council so to do,upon ten days notice,to mice exa.ninations of places within the City of Auburn Vraere garbage and (or) waste natter may or does accurmzlate,and to make a written report,in duplicate,to the mayor and City Council of the san- ita-ry condition of said city relative to garbage and waste :;latter San- itation; and it shall be the duty of the City Clerk to iim:iediately thereafter delivet"one of such duplicate reports to the City m3alth Officer.. Section 21. It shall be the duty of the City Health Officer, from tim<, to time a.zd+menaver requested by t;ie City Council so to do, to i i4:]ct all preriises,alleys, streets and public and private property within the corporate limits of the City of Auburn to letermir_e wh.eth.- 0 er or not the accunulated or acc7zaulating garbage is being colllected, ,? removed and destroyed as -provided in this ordinanee,and,if in the opin_ ci P o ion of said City Stealth Officer any accumulating or accumulated gar- bage or waste natter is dangwrous to the ]pule health or offensive to the Sanaes,such city iiealth Officer shall irmiiediately direct qild giV3 notic(� to the householder,haad of thy= fan, ily,prorrietor,teaan�- or ogl- er u<_arson responsible for such unsanitary or offensive Condition to forthwl.trL remove or cauv to by removed such garbage Or waStp matter and to destroy the sa;.Le or cause the same to be destroyed,aocording to U W B the provisions of this ordinance�rLich removal and destruction shall be mado without any cost or mense'to the City of Auburn. Any per- son who shall fail,neglect or refuse to 'Promptly comaly with such order notice or direction of said City Iiaalth Officer shall be deesrefl guilty of a misdemmner and upon conviction thereof shall be punished as hereinafter provided. Section 4. That any person tvno shall violate any of the provisions of this ordinance shall b3 leaned .guilty of a misdemeanor and,upon conviction thAreof,shall be punishad by a fine of not less than five dollars ($5.00) nor more than fifty dollars (150.00)in the discretion Of the Court. Section 2$. if any part of this ordinance eriall 'for any reason be held to -oe unconstitutional, invalid, void or unreasonable,such holding; shall not affect the force and validity of the remaining portions of this ordinance.. Section A, That Ordinance numbered 208 and Ordinance numbered. 297 of the ordinances of the City of Auburn are hereby repealed. Section 22. That this ordinance shall taKe effect and be in force five days from and after its passage,approval and publication as re- quire:i by law.. Introduced Y� c%,1923. PUBSed 'Q ,a "al _.,1923. A?%proved ,1923. ; ayor. At, test 3� ^_ 'City cleric. Approvad as to form Y.OLA, _,1y23. f ,city Att0rr:,yo - Pub119hde�, p , STATE OF WASHINGTON, COUNTY OF DING, A, 0. Ballard- , the duly elected, qualified and acting City Clerk of the City of Auburn, a -municipal corporation of TnintTfiirri-ciass, situate in the County of Bing, State of Washington, do hereby certify that the foregoing is a full, true and correct copy of Ordinanec No._465___, of the ordinances of the said The City of Auburn, entitled "A\ (M 1)I � _1NCE defining-g-ar Ag@_ rtd_ �ya�te matter, declaring the ac; „n thereof -.vithin the City of Auburn to b_e a_�ubli c_ n»an�@ _at11_ i6trir0 ntal_t9 _ths� _public health and offensive to the senses, provijing the manner of disposal thereof �_pro_v_idin�_for_the _let_tirn�-Q#'-_an �xs3-11 i.y@__ c,)ntract fot the removal ;Lnd destruction of garbage and 1vasto matterand _Q�d_unirrlaals_a2d_f rnrfls�_pr_nviding_p�naltiQ >_far__ - violations hereof, and repealing Ordinance ";o, 268 and Ordinance No, 297 o£the_Ordinatlne5_ -----------------e--- I further certify that said Ordinance No. 465 was duly passed by the Council and approved by the Mayor of the said The City of Aubuni, and pub - lisped as provided by Iaw in TheAuburn Globe -Republican---_---- a weekly newspaper published in the City of Auburn, and of general circulation therein, on the-----16th--------------- clay of -----March ----------------, A. D., 1923.. Witness my hand and the official seal of the City of Auburn, this _I th ---- ------------ day of Almil-----------, A. ll., 1923•. (Signed)--------------------}�/� City Clerk of the City of Auburn.