Loading...
HomeMy WebLinkAbout2221 Garbage Collection and RatesORDINANCE NO. 2221 AN ORDINANCE ANEHDING ORDINANCE NO. 1138 AS ANI~DED BY ORDINANCES 1347, 1425 · 1656 · 1737 · 1875 · 2044, 2108 · AND 2165 · REPEALING ORDINANCES 1366 AND 1687, ESTABLISHING ADDITIONAL DEFINITIONS, ADJUSTING RATES, AMENDING SECTION 6.04 AND DELETING SECTION 6.08 OF THE PORT TOWNSEND 14UNICIPAL CODE AND ESTABLISHING AN EFFECTIVE DATE. THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, IN REGULAR SESSION ASSEMBLED, DOES ORDAIN AS FOLLOWS: Section 1. Section 1 of Ordinance No. 1138 and Section 6.04.010 of the Port Townsend Municipal Code are here and hereby amended to include the following definitions: "Definitions. "Garbage" as used in this chapter, consists of solid or semisolid kitchen refuse subject to decay or putrefaction or in which flies or vermin can breed and live, and market waste of animal and vegetable matter which has been or was intended to be used as food for man or animal. "person" as used in th~s chapter includes any. person~ partnership, corporation, association, firm or other entity. "Rubbish" as used in this chapter, consists of refuse other than ((~ds~s)) garbage, rec¥clables. ~ and yard waste or designated hazardous waste.((sHeh--~--pepe~r-~r-~, ~eawes?-weod?-sweep~n~e?-p~aseeF?-b~ekT-eemen~?-~ess?-e~ee~e~y7 "Recyclables"~as used.in this chapter consists of materials Which have been separated from other solid wastes and can be reused or used as a raw material in the manufacture of a new. product or use. "Yard ..Waste". as used .in this chapter consists of grass~ leaves, tree trimmings, brush and vines. "Hazardous Waste" as.~s~d in. this .chapter ~eans and includes any and all substanQgs., material or things defined or designated as ',hazardous waste",,hazardQus substance", or "hazardous material" under any st~te, or..£ederal law or regulation. Section 2. Section 2 of Ordinance 1138 and section 6.04.020 of the Port Townsend Municipal Code are here and hereby amended as follows: 1 "(A) It shall be unlawful for any person to allow garbage Or rubbish to collect upon their premises, or the premises which they occupy, or of which they are the agent or manager, whether the same be residence, store, shop, factory, place of business, yard or vacant lot, or upon any street, alley or other public place upon which their premises abut. (B) It shall be un!awfu~ for any..persQn to.p~ce hazardous waste with or in the same .container as garbage or rubbish to be picked up by the collector~ or to dispose of any hazardous waste contrary to federal or state laws or regulations." ~tion 3. section 3 of Ordinance No. 1138 and Section 6.04.030 of the Port Townsend Municipal Code are here and hereby amended as follows: "Containers. Ail garbage shall be kept in metal ((ee~s)) or heavy duty synthetic material QQDtainers that have close- fitting lids or covers which will entirely prevent rats, mice or flies from reaching the contents thereof, and will prevent odors and gasses from escaping therefrom. The collector shall be authorized to~ require replacement of inadequate or unsafe containers. The ((e~ms))containers are to be thoroughly cleaned bythe ((heusehe~e~)) ~ustomer or other person having charge of same each time they are emptied. The ((e~s)) containers shall be of sufficient size and number to contain all garbage that collects between the dates for the removal of the same. The ((~ams))~Qntainers shall be ((~eD~)) placed where they will be convenient for the collector. Rubbish shall be reduced to compact form and placed in ~ee~r----e~ .... ~~---~m~~~)) approved ((~eeep~ee~es))¢Qntainers such as will prevent the contents thereof from being scattered by the action of winds or by overturning of the container. Ashes shall be kept in a sound, substantial container or containers such as will prevent the contents thereof from being scattered by the action of winds or by the overturning of the container. Recyclables for curbside collection shall be set out in ap~roved recycling containers." ~.ection 4. Section 4 of Ordinance No. 1138 and amended by Ordinance No. 1737 and Section 6.04.040 of the Port Townsend Municipal Code is here and hereby amended to read as follows: "~rmit to.collect. It is unlawful for anyone except ((e~e~ employees)) the.cQ~lector designated by the City to collect, remove, or transport rubbish, ~yclables., yard waste, garbage, offal, or any other offensive or obnoxious substances or to operate any vehicle for such purpose through the streets, highways or other ways within the city without first having obtained a permit from the city health officer. The permit shall be numbered and shall be valid for one year, unless sooner revoked by the city health officer((~-~e~i~%e~? 2 heweve~7-~ha~-s~eh-seev~ee-ma~-be-~e~-b~-eemeeae~-ee-e~he~s? NQtwithstand~ng this Section. it shall.be lawful for persons to occasionally remove .and transport .garbage, rubbish~ reC.yclables~ or yard waste for non-commercial purposes, such a~ to the Jefferson County Landfill .or recycling, center~ pROVIDED. HOWEVER. that such person, or persons shall remain ~ubject to mandatory, m~nimum garbage and rubbish collection set forth, in Section 6.04.050..and 6.04.07.0 and the rates pertaining thereto as set forth.in.Section 6.04.060." ~~1_~. Section 6 of Ordinance No. 1138 as amended and Section 6.04.060 of the Port Townsend Municipal Code are here and hereby amended as follows: "Rates for collection. A. The rates to be charged for garbage and rubbish collection shall be as follows: ((Res~e~a~--S~e-e~ ............... Weekly .... ~--~v~ Res~em~a~ .... ~we-eame ................. Wee~y ............ Ree~aem~a~ .... Pae~eue-Pee .............. wee~2-~es-e~9 .... Res~e~a~ .... ameFa-ea~be~e ............ eeeas&ena~ ........ eemme~e~a~ ..... S&m~*e-een ............... ~aF&ed ............ eemme~e~a~ ..... ~ae~e~e-Pee .............. wa~ed-~B-~e9 .... eemmeFe~a~ ..... ~a-Sa~ba§e ............ Va~&ea ....... eemme~e~a~ ..... ~-¥a~d-B~mps~eF .......... YaF&e~ ............ eemme~e~a~ ..... ~-¥aF~-B~m~seeF .......... Wee~ ........... eemme~e~e~ ..... ~-~%~-¥aF~-B~mDsee~ ...... Ya~&ea ........... eemme~e~a~ ..... ,-~%~-¥a~a-B~mps~e~ ...... Wee~ ........... eemme~e~e~ ..... ~-¥e~a-Bumps~eF .......... ~a~&ea ........... eemme~e~a~ ..... a-¥am~-B~m~seeF .......... Weekly ........... eemme~e~a~ ..... ~e-¥e~-BFe~beH .......... YeF&ea .......... eemme~e~a~ ..... Bum~s~eF-Bemm~Fa§e ................. evee eemmeFe~a~ ..... B~e~be~-BemuF~a~e ......................... Residential First Container First Container Second Container Third Container Fourth Container PICKUPS Eyery other week* Qnce per week o~qe. per week Qnce per week 0n~e per week Additional Containers Once perweek.(each) Packout Fee Fee per 25ft. (each) Extra Garbage p.~r Pickup (each) $ 5,40 per Month 6.,98 per Month .8,.5~ per Month 9.99 per Month ...!1..52 per Month .14,0O~erMonth 1,5.~ per Month 3.01 Commercial ¥~rst Container QDce per week SecOnd Container Once per week Third Container Once per week ¥ourth~Container Once per week AdditiQnal containers 0nceper week(each) packout Fee ~xtraGarbage yard Dumpster ~..~/2 yd.. Dumpster yard Dumpster Dumpster.Rental Fe~ per 25ft. teach) Per Pickup~(each~ Once per week Once per week Once per week Per Month 8.03 per Month _ 9~.5~ perMonth 10,99 per Month 12.52 _Der MDnth 15.00 _~er Month 1.53 per Month .4,02 ..47..~.9 per Month 77..01per Month 107.9.8 per Month 8.03 *i~...par~icipating in.curbside recycling. B. In cases where collection is required of a type or manner not provided by the foregoing schedule, a charge based upon rates approved for the collector ((~--~{~e--~--~ wash~m~em)) by the City Council shall be applied. ~., The failure of any person.to use the containers as required by.this chapter forgarbage and/or rubbish pickup shall be a ~i~il infraction... Each separate day of violation shall constitute a separate .infraction. The.penalty for.the first infraction shall be a civil ~ine not to .exceed $50.00. The p~.alt¥ for a~$ecQnd or subsequent violation.shall be a civil fine not to.exceed $100.00. Notices of infractions shall be given and prosecuted in accordance with the procedures set ~orth iD ~.tions 8.04.410. 8.04.420. 8.O4.430 and 8.04,440 of the Port. Townsend Municipal Code. $~ction..~. section 7 of Ordinance NO. 1138 as amended and Section 6.04.070 of the Port Townsend Municipal Code is here and hereby amended as follows: "Number of containers / Frequency of pickup. Garbage and rubbish shall be collected from all tenanted or inhabited buildings of every kind, nature and description in the city at least once each week unless qualified for .every.other week ~ervice, and where sanitary conditions or convenience of ((pa~r~,s)) ~stomers of the ((~a~b~e-de~%me~H~)) ~ollector requires more frequent collections, the ~he-~a~Ba~e-~e~e~eme~e)) ~ollector shall arrange the regular days for collecting of garbage and rubbish during each week.((~-~h~-sh~-~-ehe-~-~-~-~h~e~-~-s~h ee~ee~ed-eaeh-week.)) 4 In case of any difference between the §a~ba~e-~~n~)) collector and the customer (( ~-~he ~ba~e--~a~e~F~)) as to the number of garbage ((eams))and/0r.r~bbish containers which should be provided and for which the customer should pay, the amount of charge fixed by the ((s~e~e~e~-e~-%9~e~3~~)) ~ollector shall be final, subject to the right of the customer to appeal in writing to the city council and to have a hearing and determination of any and all disputes or disagreements. The collector is obligated to advise~the customer in writing of hi~/her right of appeal, to the city council. (($~eh-e~e~s sh~-~e-~-l~3~-e~-~he~-~'i~n-~~~)) Such appeal.shall be filed with the City Clerk within thirty (30~ days of the date of the dispute or disagreement and shall set forth the relevant facts and reasons for appeal. The City Council shall make its decision within sixty (60) d~ysof such filing., Any further appeal or. request for review of the Council's deGision~bya court with jurisdiction shall be filed and served upon the city within thirty ~30) days of the Council's decision. Apartment .houses and multifamily dwellings as well as mixed use building_s for purposes~of this.chapter will be considered commercial. Owners or managers of all apartment houses shall provide the tenants thereof with adequate facilities and ((emms))Containers for the disposal of all garbage, rubbish and ashes~((T-~-t~h~~~$~h-~s~esa~~ heweYe~T-~ha~)) ~othing in Sections 6.04.040 through 6.04.070 shall give any customer of the ((~e~b~e--de~me~)) Qollector in the city the right to demand any rebate or reduction in rate because a ((esm)) ~Qntainer or ((ee~s))~p~tainers are not filled or used during any particular week, it being the intent of this chapter that each customer of the ((~8~b~e-~)) collector shall be charged on a monthly basis according to the nu~er of ((ee~s)) containers ((e~$~em~-c:}~~)) ordered and shall pay an additional charge to ~ fixed by the ~a~e~epam%~)) city for ((spee~e~-~s)) ~gtra garbage or rubbish." Section ?. Sections 11 and 12 of ordinance No. 1138 as amended as well as the corresponding sections 6.04.080 and 6.04.090 of the Port Townsend Municipal Code are here and hereby deleted. SeGtion 8. Section 13 of Ordinance No. 1138 as amended and Section 6.04o100 of the Port Townsend Municipal Code are here and hereby amended as follows: "Maximum ((can)) container size. Each and every ((hemseho~d)) customer shall provide a garbage ~D~/or .rubbish((ea~)) 5 container as provided in this chapter; but in no event shall said ((~a~)) ~ontainer exceed thirty gallons in capacity or sixty-fiVe.pounds in weight, and it shall be in good condition to provide adequate care for the garbage.and rubbish. Section 9. Section 1 of Ordinance No. 1507 and Section 6.04.120 of the Port Townsend Municipal Code is here and hereby deleted. ~ection 10. section 1 of Ordinance No. 2051 and Section 6.04.130 of the Port Townsend Municipal Code is here and hereby amended as follows: "Occasional extra garbage--Tag system. A. Any garbage and. rubbish collection customer may, in place of paying the charge for additional ((e~s)) containers set forth in Section 6.04.060, purchase garbage /rubbish collection tags from the city clerk for use for occasional extra garbage D~ as set forth in this section. B. The city clerk shall have available for sale books of garbage /rubbish collection tags. Each book shall contain ten tags and the cost therefor shall be at the rate of ((e~e de~-~d-~-ee~s)) tWO.~!lars _Der tag, or ((~ee~)) twenty dollars per complete book. C. When a customer desires to have additional garbage ~ rubbish collected on its normal collection date, the customer may affix a tag to the additional garbage Qr rubbish. One tag shall be used for each one-can (30 gallon) equivalent of garbage or rubbish in bulk and weight, or less. D. Upon pickup of the additional garbage Or rubbish, the garbage collector shall retain the tag, deposit it with the city clerk, and shall be paid or credited for the used tags so deposited. E. Unused tag books, or parts thereof, may be redeemed by customers to the city clerk for the same price as charged by the city when issued, at the rate of ~ey-eem~$)) per tag. F. Customers having additional garbage ~ for pickup who do not use tags shall be charged for such additional garbage orrubbish in accordance with the schedule of charges set forth in Section 6.04.060." Section 11. Section 5 or Ordinance No 1138 as amended and Section 6.04.050 of the Port Townsend Municipal Code is here and hereby further amended to read as follows: 6 "The duly authorized garbage collectors of the city shall remove garbage and rubbish from each occupied dwelling house at least once a week, and from all other places as often as shall be found necessary, but not less than once a week. All places of business shall have their garbage and rubbish removed as often as desired, not to exceed once each day, and the amount to be paid therefor shall be in accordance with the number of times they are served per week. When garbage, ashes or rUbbish has been collected as provided in this chapter, receptacles containing the same shall be placed on the sidewalk or alley in front or in the rear of the premises or other convenient place before seven-thirty (7:30~ a.m. of the regular collection day, or when duly notified by the proper authorities." Section 12. Ordinance No. 1366 and Ordinance No. 1687 are here and hereby repealed and Section 6.08 of the Port Townsend Municipal Code is here and hereby deleted. Section. 13. This Ordinance shall take effect on February 1, 1991, after its passage, approval, and publication in the form and manner presoribed by law. Read for the first time on December 4, 1990. Read for the second and third times, passed by the council and approved by the Mayor on December 18, 1990. Attest: City Clerk Approved as to form: City Attorney Mayor