Loading...
HomeMy WebLinkAboutORD 1588BILL NO. 35 ORDINANCE NO. 1588 AN ORDINANCE TO AMEND TITLE VII, CHAPTER 3, OF THE MUNICIPAL CODE OF THE CITY OF CALDWELL, STATE OF IDAHO, RELATING TO GARBAGE BY REPEALING AND ADDING CERTAIN LANGUAGE IN SECTION 1, DEFINITIONS; SECTION 4, REFUSE COLLECTION; SECTION 7, REFUSE CONTAINERS; SECTION 8, COLLECTION PERIOD; SECTION 9, RUBBISH, SPECIAL HANDLING; SECTION 10, COLLECTION, BUSINESS HOUSES; SECTION 11, COLLECTION FEES; SECTION 14, DISPOSAL SITE; SECTION 15, INSPECTION; AND SECTION 18, RULES AND REGULATIONS; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDER OR PARTS HEREOF IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO: Section 1. That Section 1, Chapter 3, Title VII of the Municipal Code of the City of Caldwell be amended by repealing Section 1 and adding a new Section 1 as follows: 7 -3 -1: DEFINITIONS: WORDS NOT DEFINED HEREIN SHALL BE GIVEN THE MEANING ORDINARILY APPLIED TO SUCH WORDS BAGS: Plastic sacks designed to store Refuse with sufficient wall strength to maintain physical integrity when lifted by top. Total weight of a bag and its contents shall not exceed 35 lbs. BIN AND BOX: Metal receptacle designed to be lifted, transported and emptied mechanically for use at Commercial and Industrial Units BULKY WASTE: Stoves, refrigerators, water tanks, washing machines furniture and other waste materials othe than Construction Debris, Dead Animals, Hazardous Waste or Stable Matter with weights or volumes greater than those allowed for Containers for Residential customers and in bins for Commercial and Industrial customers BUNDLE: Tree, shrub and brush trimmings or newspapers and magazines securely tied together forming an easily handled packag not exceeding three feet in length or 35 lbs. in weight of four f ee t in length. COMMERCIAL AND INDUSTR REFUSE: All Bulky Waste, Construction Debris, Garbage, Rubbish and Stable Matter generated by a Producer at a Commercial and Industrial Unit COMMERCIAL AND INDUSTRIAL UNIT All premises, locations, or entities public or private, requiring refuse collection within the corporate limits of the City not a Residential Unit. ORDINANCE - 1 0 CONSTRUCTION DEBRIS: Waste Building Materials resulting from construction; remodeling, repair or demolition operations CONTAINER: A receptacle with _a capacity of greater than 20 gallons but less than 32 gallons constructed of plastic, metal or fiberglass having handles of adequate strength for lifting and having a tight fitting lid capable of preventing entrance into the container by vectors The mouth of a container shall have a diameter greater than or equal to that of the base. The weight of a Container and its contents shall not exceed 70 pounds CONTRACTOR: The person, corporation or partnership performing Refuse collection and disposal under contract with Ci DEAD ANIMALS: Animals or portions thereof equal to or greater than 10 lbs. in weight that have expired from any cause, except those slaughtered or killed for human use DISPOSAL SITE: For the purpose of the protection and preservation of the health and welfare of the inhabitants of the City there is hereby at such places and location as the Council may from time to time designate by motion or order, a place for the dumping and depositing of rubbish and garbage and any such place or location shall be known and the same is here' designated as the City Disposal Site GARBAGE: Any and all dead animals of less than 10 lbs. in weight except those slaughtered for human consumption; every accumulation of waste ( animal, vegetable and /or other matter) that results from the preparation, processing, consumption, dealing in, handling, packing canning, storage, transportation, decay or decomposition of meats, fish fowl, birds, fruits, grains or other animal or vegetable matter (including but not by way of limitation, used tin cans and other food containers and all putrescible or easily decomposable waste animal or vegetable matter which is likely to attract flies or rodents); except (in all cases any matter included in the definition of Bulky Waste, Construction Debris Dead Animals, Hazardous Waste, Rubbish or Stable Matter HAZARDOUS WASTE: Any chemical, compound, mixture, substance or article which is designated by the United State Environmental Protection or appropriate agency of the State to be "hazardous" as that term is ORDINANCE - 2 defined by or pursuant to Federal or State law PRODUCER, RESIDENTIAL: An occupant of a Residential Unit who generates Refuse. PRODUCER, COMMERCIAL AND INDUSTRIAL: An occ upant of a Commercial or Industrial Unit who generates Refuse REFUSE, COMMERCIAL AND INDUSTRIAL: This term shall refer to Commercial and Industrial Refuse to be collected and disposed of pursuant to contract unle otherwise required. RESIDENTIAL UNIT: A dwelling within the corporate limits of the Cit occupied by a person or group of persons comprising not more than four families. A Residential Unit shall be deemed occupied when either water or domestic light and power services are being supplied thereto A condominium dwelling, whether of single or multi -level construction, consisting of four or less contiguous or separate single - family dwelling units, shall be treated as a Residential Unit, except that each single - family dwelling within any such Residential Unit shall be billed separately as a Residential Unit RUBBISH: All waste wood, wood products, tree trimmings, grass cutting, dead plants, weeds, leaves, dead trees or branches thereof, chips, shavings sawdust, printed matter, paper, pasteboard, straw, used and discarded mattresses, used and discarded clothing, used and discarded shoes and boots combustible waste pulp and other products such as are used for packaging, or wrapping crockery and glass, ashes, cinders, floor sweepings, glass mineral or metallic substances, and any and all other waste materials, not included in the definition of Bulky Waste, Construction Debris, Dead Animals, Garbage, Hazardous Waste or Stable Matter. STABLE MATTER: All manure and other waste matter normally accumulated in or about a stable, or any animal, livestock or poultry enclosure, and resulting from the keeping of animals, poultry of livestock. INSPECTOR: The authorized employee or employees of the City or some individual designated by the Council as having the duty of the enforcement of this Chapter ORDINANCE - 3 Section 2. That Section 4, Chapter 3. Title VII of the Munir;nai Code of the City of Caldwell be amended by adding A., Residential Collection and B., Commercial and Industrial Collection as follows: 7 -3 -4: REFUSE COLLECTION: There is hereby established a system of collection, transportation and disposal. It shall be unlawful for any person to engage in the business of collecting, transporting, hauling, or conveying any refuse over the streets or alleys, or to dump or dispose of the same, unless such person has a contract therefor as an authorized representative of the City. A. Residential Collection 1. Service Provided: Contractor shall provide curbside collection service for the collection of Residential Refuse to each Residential Unit once per week. Containers, bags, and bundles shall be placed at curbside by 7:00 a.m. on the designated collection day The Contractor shall provide for the special collection from Residential Units of Bulky Waste, Construction Debris and Stable Matter. Also, the Contractor may provide for the special collection of Dead Animals and Hazardous Waste at Residential Units at it sole discretion and upon such terms as Contractor shall specify 2. Location of Containers, Bags, and Bundles for Collection Each container, bag and bundle shall be placed at curbside for collection. Curbside refers to that portion of right of way adjacent to paved or traveled City Roadways (including alleys). Containers Bags and Bundles shall be placed as close to the roadway as practicable without interferring with or endangering the movement o vehicles or pedestrians. When construction work is being performed in the right of way, Containers, Bags, and Bundles shall be placed as close as practicable to an access point for the collection vehicle Contractor may decline to collect any Container, Bag and Bundle not so placed. 3. Hours of Operation: Collection of Refuse shall not start before 7:00 a.m. or continue after 9:00 p.m. on the same day Exceptions to collection hours shall be effected only upon the mutual agreement of the City and Contractor, or when Contractor reasonably ORDINANCE - 4 • ` - determines that an exception is necessary in order to complete collection on an existing collection route due to unusual circumstances' 4. Routes of Collection: Collection routes shall be established by the Contractor. Contractor shall submit a map designating the collection routes to the City for their approval which approval shall not be unreasonably withheld. City shall publish at its expense at least once each calendar year, a map of such collection routes in the newspapers published in the immediate area The published map shall be of such size to clearly show all pertinent information. The Contractor may from time to time propose to City for approval changes in routes or days of collection, which approval shall not be reasonably withheld. Upon City's approval of the proposed changes, City shall promptly give written or published notice to the affected Residential Units. B. Commercial and Industrial Collection 1. Service Provided: The Contractor shall provide curbside collection service for Commercial and Industrial Refuse in accordance with schedule submitted in the Proposal. The Contractor may from time to time provide for the special collection of Dead Animals and Hazardous Waste at Commercial and Industrial Units at its sole discretion and upon such terms as Contractor shall specify 2. Location of Bins for Collection: The Contractor shall provide bins and boxes for Commercial and Industrial Units whenever customers request their use. Each Bin or Box shall be placed in an accessible, outside location on a hard surface according to indiv agreement. The Contractor may decline to collect refuse in Bins or Boxe not so placed. 3. Hours of Operation: Collection of Commercial and Industrial Refuse shall take place according to individual agreement 4. Routes of Collection. Commercial and Industrial Unit Collection Routes shall be established by the Contractor at its sole S Notification to City: The Contractor shall notify the City of the rates and any change in rates for all Commercial and Industrial rile tnmara ORDINANCE - 5 0 0 . Section 3. That Section 7, Chapter 3, Title VII of the Municipal Code of the City of Caldwell be repealed. Section 4. That Section 8, Chapter 3, Title VII of the Municipal Code of the City of Caldwell be amended as follows: 7 -3 -8a 7 -3 -7 : COLLECTION PERIOD: Collectors shall collect rubbish and garbage -f rem - eaeh- eustemer -at- }east -twiee -each- week - for - the - five - (S) months-peried;- May -15;- through- geteber -IS;- and -at- least -epee- eaeh -week for- the - remaining - months -ef- the -year refuse for Residential Units once each week through the twelve months of the year or as may otherwise be provided by the rules and regulations of the Council. Section 5. That Section 9, Chapter 3, Title VII of the Municipal Code of the City of Caldwell be repealed. Section 6. That Section 10, Chapter 3, Title VII of the Municipal Code of the City of Caldwell be repealed. Section 7. That Section 11, Chapter 3, Title VII of the Municipal Code of the City of Caldwell be amended as follows: 7 -3 -11: 7 -3 -8: COLLECTION FEES: Fees and rates for the collection of-garbage-and- of refuse shall be set by rules and regulations of the Council adopted by Resolution The -fee- for - the - collection -at- resideaees shall -be- two- dellars - ($2: 99)- per- menth- for - single - family- resideaees:- - The fee -fer- business - heases -er- multiple - family- resideaees- shall -be- set -by negetiatien- and- eentraet- between- the -City- and - the - business- heases. Provided further, that where the enforcement of the provisions of this Chapter will work a financial hardship, or where the amount of refuse and - garbage is of such small amount as to not warrant the collection of the full charges as herein provided, the Mayor and Council may issue a special permit altering the provisions of this Chapter. Section 8. That Section 14, Chapter 3, Title VII of the Municipal Code of the City of Caldwell be amended as follows: 7 -3 -14t 7 -3 -11: DISPOSAL SITE: For the purpose of the protection and preservation of the health and welfare of the inhabitants of the City, there is hereby established at such places and location as the Council may from time to time designate by motion or order, a place for the ORDINANCE - 6 • r dumping and depositing of rubbish and garbage and any such place or location shall be known and the same is hereby designated as the City Disposal Site. £lee- laspeeter- shall- leave- tke- at�tkerity- ef- a- peliee ® €fieer te- eRforee- all - rules - and- regxlatieas- geveraixg- the -city- Disposal - Site: 1'ke-Gity-Bispesa}- Site - steal }- be- ekesen - witk - regard - te - drainage - and - tepegrapky- fer -tke- operation -e € -a- sanitary- }and €i } }; , q } } rnbbisk - axd garbage- depesited -at- the -city- Disposal- Site - shall be eevered with - alternate layers-e€- earth ;- asd- regt�latiexs- fer - rodent and - pest eextrel skal } - be - preseribed- by- tke- Iaspeeter: Section 9. That Section 15, Chapter 3, Title VII of the Municipal Code of the City of Caldwell be amended as follows: 7 -3 -151 7 -3 -12: INSPECTION: The Mayor shall designate 'Ike- Gkie € -e €- Peliee er -sueh- persons -as- stay -be- designated - as - a Sanitary Inspector, or any other person concerned with the enforcement of laws, who shall have the right of ingress or egress to any premises for the purpose of inspecting all places and containers where rubbish and garbage is accumulated or kept. Section 10. That Section 18, Chapter 3, Title VII of the Municipal Code of the City of Caldwell be amended as follows: 7 -3 -18= 7 -3 -15: RULES AND REGULATIONS: The Clerk or Sanitary Inspector may make or prescribe such rules and regulations as they shall deem advisable; such to be enforced after approval of the Mayor and Council by resolution. Said rules and regulations may cover charges for service for periods of less than one (1) month, applications for exemptions from charges when house or building is unoccupied when water service is furnished, axd-retlied- a €- estab }isked- rates- €or a �nt�ltiple residenee: Section 11. That all ordinances or parts of ordinances inconsistent herewith are hereby repealed. Section 12. This ordinance shall be in full force and effect from and after its passage, approval and publication according to law. PASSED BY THE COUNCIL of the City of Caldwell this 25th day of November , 1980 APPROVED BY THE MAYOR of the City of Caldwell this 25th day of November 1980. ATTEST: Mayor City Clerk ORDINANCE - 7 �,