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0060 Garbage Collection and Nuisance Provisions 1964.[3EVITT & ~4cDEVIT'T' ORDINANCE NO. ~ ~ AN ORDINANCE OF THE VILLAGE OF CHUBBUCK, BANNOCK COUNTY, IDAHO, PROVIDING FOR A COMPREHENSIVE SANITARY SERVICE SYSTEM; DECLARING GARBAGE COLLECTION A PUBLIC UTILITY; PROVIDING DEFINITIONS; DESCRIBING GARBAGE CANS, REFUSE CONTAINERS AND THEIR PLACE- MENT AND MAINTENANCE; REQUIRING SEPARATION OF REFUSE; PRO- VIDING FOR COLLECTION FROM THE ENTIRE RESIDENTIAL SECTION; PROVIDING FOR THE SETTING OF FEES FOR SANITARY SERVICE WITHIN THE CITY AND FOR AREAS SERVICED OUTSIDE THE CITY BY RESOLUTION OF THE BOARD OF TRUSTEES; PROVIDING FOR A METHOD OF BILLING COLLECTION OF ACCOUNTS; PROVIDING REMEDIES FOR RECOVERY OF DELINQUENT ACCOUNTS; MAKING SANITARY SERVICE COMPULSORY AND DEFINING EXEMPTIONS; PROVIDING FOR DISPOSITIOH OF FEES; PROVIDING FOR SANITARY INSPECTOR AND OTHER OFFICERS PUBLISHING REGULATIONS; REGULATING GARBAGE HAULING; REGU- LATING BURNING OF WEEDS AND RUBBISH; PROHIBITING GARBAGE AND DEBRIS FROM PUBLIC PROPERTIES AND STREETS; REGULATING HANDLING OF GARBAGE AND REFUSE FROM HOTELS AND RESTAURANTS; PROVIDING FOR THE HANDLING OF ASHES AND OTHER REFUSE FROM PRIVATE DWELLINGS; DEFINING NUISANCES; PROSCRIBING OFFENS.IVE SMELLS OR SMOKE FROM BURNING; PROHIBITING GARBAGE DU~H°ING, PROVIDING FOR AUTHORITY TO SUPPRESS NUISANCES; DEFINING AND PROHIBITING THE KEEPING OF JUNK AND RESTRICTING THE KEEPING OF JUNK OR OTHER REFUSE; REQUIRING DESTRUCTION OF DILAPIDATED BUILDINGS; PROVIDING FOR THE EXPENSE OF DESTRUCTION OF SUCH BUILDINGS; DEFINING ADDITIONAL NUISANCES; CREATING A DUTY ON PROPERTY OWNER TO ABATE NUISANCES; PROHIBITING INTER- FERENCE WITH SANITARY OFFICERS OR OTHER AUTHORIZED REPRESEN- TATIVE; PRESCRIBING PENALTIES UPON CONVICTION OF OFFENSES HEREUNDER; REPEALING ALL ORDINANCES IN CONFLICT HERE~ITH. McD£VITT & McDEVlTT ATTORNEYS-AT-LAW BE IT ORDAINED BY THE TRUSTEES OF THE VILLAGE OF CHUBBUCK, BANNOCK COUNTY, IDAHO: l: GARBAGE COLLECTION A PUBLIC UTILITY: The Sanitary Service System of the Village shall, by such means as the Board of Trustees deems appropriate, collect and dispose of all gar- bage, rubbish, refuse, pper, glass, tin cans, crockery, ashes and other debris and shall operate this service as a public utility, and the rates, charges and regulations set forth and provided as indicated herein shall be and remain applicable thereto until duly amended as provided by law and this ordinance. The right and power to amend this ordinance from time to time, to repeal the same, or to change the rates and charges herein provided for, is reserved to the Board of Trustees. Any surplus arising by reason of such charges shall be transferred to the Village's Sanitary Service Revenue Fund, the funds from which may be used for the construction of any sanitary service faci- lities or disposal plants, the extension or improvement of existing sanitary facilities or disposal plants, or interest charges and amortization of obligations incurred for such extension, improvements or construction. 2: DEFINITION: "Garbage'~, as the term is used in this Ordinance, shall include all accumulations of household waste materials, including dry kitchen refuse, meat, vegetables and fruit refuse, and all tin cans, bottles, jars, and other empty containers. 3: GARBAGE CANS: PLAC~,~ENT: Each property owner or occupant of housing accommodations shall furnish and keep not more than twenty feet (20') from the alley or street abutting -1- CDEVtTT & McDEVITT its premises, one (1) or more suitable metal garbage cans equipped with close fitting tops and of a capacity not less than twelve (12) gallons, nor more than twenty-five (25) gallons. Covers shall be kept on said cans at all times, and no such garbage cans shall be placed under the eaves of any garage or other building except in cases of absolute necessity, and in case of such necessity a roof or shelter shall be placed over said garbage can or cans. It shall be the responsibility of property owners or occupants to provide suitable space or racks for garbage and waste containers and to maintain them in a sanitary and sightly condition. SEPARATION OF REFUSE: All kitchen garbage shall be drained of excess water and shall be wrapped in paper before being placed in said garbage can. Tin cans and glass containers shall be placed in cans within kitchen garbage. Other rubbish, refuse, ashes or other' debris shall be placed in containers separate from kitchen garbage. 5: COLLECTION FROM ENTIRE RESIDENTIAL SECTION: All garbage from the entire residential section shall be collected by the Village or its duly authorized agent or contractor as often as is necessary to maintain and preserve the health of the community Temporary failure to make such collection due to circumstances beyond the control of ~the Village shall not relieve the occupant or owner of the premises from the payment of sanitary service fees hereinafter provided for. No.person, whether having entered into a contract with the Village for collection of garbage or not, shall be permitted to transport garbage over the public thoroughfares in anything other than water-tight containers and not until they Shall have -2- ~cDEVITT & McDEVITT ATTORNEYS-AT- LAW first secured a written permit authorizing such hauling from the Police Department or Sanitary Inspector. 6: FEES FOR SANITARY SERVICE WITHIN VILLAGE: Fees for sanitary service shall be as provided in the Resolution attached hereto for such various classes of service as are therein delina- ated, and such further classes of service and rates as may be from time to time established, for single family residences, multiple family dwelling units, commercial buildings, hotels, motels, trailer-house courts, trailer houses, manufacturing plants and other establishments. Such classes and rates for such service shall be vested solely in the Board of Trustees as to the type, kind and frequency of service rendered as the same may from time to time be established by resolution of the said Board of Trustees. 7: FEES FOR SANITARY SERVICE OUTSIDE THE VILLAGE: Resi- dences or commercial establishments outside the limits of the Village, when connected with the Village water supply or receivin water therefrom may be charged at rates as provided in the Resolution mentioned above and any amendments thereto, plus fifty per cent (50%) of the charge thus computed, covering garbage and trash removal as herein provided. The Village Board in its discretion retains the absolute right to determine whether or not the service of removing garbage or trash of any kind shall be extended to any area outside the municipal limits, whether or not water service is provided to such area, and the municipality shall assume no responsibility for the removal of garbage or trash of any kind from any resi- dence or commercial establishment outside the Village limits, except on an area, district or neighborhood basis, and not until a formal affirmative action by the Village Board as reflected in --3-- McDEVITT & McDEVITT ATTORNEYS-AT-LAW FIRST 5£CURITY BANK BUILDING POCAT£LLO, IDAHO the minutes. Failure or refusal of one or more inhabitants in an area outside the Village limits to pay for, accept or assume garbage and trash removal service mentioned herein will be grounds for said Village Board, in their absolute discretion, discontinuing all such services to the neighborhood, area or district in which such person or persons so refusing reside or ovm property, and such refusal shall be d~emed sufficient cause. The Board of Trustees may in their absolute discretion also discontinue all water or other municipal services supplies to such area, district or neighborhood outside the Village limits. 8: PROVIDING FOR BILLING: The Village is hereby authorized to add the garbage collection service charges provided herein to its charges for water service, at its option, and upon direction by the Board of Trustees, and if so added shall submit the same as a separate item on a statement with the water bill, and the said Water Department of the Village is hereby authorized to discontinue service to any premises if the entire bill shall not be paid, including the charge herein provided for garbage service, said charges to become delinquent as provided for water charges and shall be subject to the same penalties provided for in the Water Ordinance. If garbage service only is furnished by the Village, then occupants of residences, commercial establishments and others covered by this Ordinance shall be equally responsible for payment of the garbage service fees, and shall be billed by the Village for such service, said service charges to become delinquent on the same date as if said billing also included water service. The Village may at its option provide that the col- lection of such charges and accounts be delegated to such per- -4- ~ACDEVITT & McDEVITT ATTOrNEYS.AT-LAW sons, f~rms or associations, as it makes contracts for the rendering of such garbage service, and in such event the said parties shall have all the rights for the collection of said charges as the Village herein enjoys, in addition to any rights authorized by the general laws of the State of Idaho for the collection of private debts. 9: RECOVERY OF DELINQUENT ACCOUNTS: If the service charges herein established are not paid when due, such sums as may be delinquent may be recovered by the Village in an action at law against the owner or occupants, or both. 10: SANITARY SERVICE COMPULSORY: EXEMPTIONS: No person shall be permitted to refuse to accept the sanitary service herein provided for, and the failure of any person to receive such service shall not exempt such person from the payment of charges herein provided for, save and except any of those persons residing in areas in which no waste collection service is provided for the entire area, and in such areas where no service is rendered by the Village no charge will be made. The boundaries within the Village exempted from such charges shall be established by the Engineer with the consent and approval of the Board of Trustees. 11: DISPOSITION OF FEES: The proceeds from collection of fees and charges herein provided for shall be placed in a separate fund to be known as the Sanitary Service Revenue Fund, and all of the expenses in the collection and disposal of gar- bage, rubbish, refuse, paper, glass, tin cans, crockery, ashes or other debris shall be paid out of such fund. 12' POLICE DEPAR~'~ENT OR SANITARY INSPECTOR TO PUBLISH -5- ~,'~:;E:'EVITT & MCDEVITT ATTORNEYS-AT*LAW REGULATIONS: The Police Department or the Sanitary Inspector is hereby empowered to prepare and publish rules and regulations in connection with the preparation, handling and disposal of garbage and refuse, subject to the approval of the Board of Trustees, and may direct that the Village garbage and waste disposal crew or authorized contractor shall not collect garbage and other waste from any premises where said rules and regula- tions are not complied with, and the failure to collect the same by such direction shall not relieve the owner or occupant of such premises from the payment of fees or penalties provided for herein. 13: REGULATION OF GARBAGE HAULING: No person shall be permitted to collect or haul garbage or rubbish over the streets excepting that such garbage shall be conveyed in water tight containers and no person shall be permitted to collect or haul rubbish, debris, papers or any other such items over and across the streets and alleys thereof unless such vehicle so conveying such rubbish or debris is equipped ~th a canvas top or some other device effective to prevent the said rubbish, debris and trash from being strewn and littered about the streets and alleys. No person shall convey rubbish or garbage over and across the streets and alleys for hire or for any person other than himself unless he shall have first filed with the Clerk an application for permission to haul garbage or rubbish over and across the streets and alleys and until after said application has been accepted and a license duly issued. (a} That said application so made to the Clerk for the person from whom such application is requiredshall be in essentially the following form: -6- ',lcDE'VITT & ~IcDEVITT A, TTORNEYS-AT-LAW Licensee's truck has license number . Capacity of applicant's truck is . Tons volume of body of said truck cubic feet. Persons with whom applicant has contract to haul gar- bage or rubbish at the date of making this application are: 1. 2. 3. Applicant' s Signature. (b) Provided further that before any license herein provided for can be issued by the Clerk for the performance of hauling such garbage or rubbish, such applicant shall file with the Clerk an indemnity bond on the amount of one thousand dollars (~l,O00.OO) issued by a licensed casualty company. The obliga- tion of such bond shall be that the licensee shall comply with all of the laws of the Village; said obligation being further that the said casualty company ~miting such bond agrees to hold the Village free and harmless from any claims and damages from any kind and nature that may be imposed by reason of the opera- tion of such truck or other conveyances of said licensee. (c) It shall be unlawful for any person to haul garbage or rubbish for hire, or for any person other than himself, or to permit hauling of any garbage or rubbish over the streets whatsoever unless he shall have made application for and received a license herein provided for. (d) Any person whomsoever who shall haul garbage or rubbish in and about the Village and haul the same over the streets shall be required to haul all such rubbish and garbage to the Village dump. This requirement, however, may be waived by special application and pelnnission granted by the Board of Trustee s. -7- ~cDEVITT & McDEVITT ATTORNEYS-AT.LAW FIRST SECURITY BANK BUILDING POCATEELO. DAHO (e) It shall be unlawful for any person herein bo permit such refuse and garbage to be stream or scattered about the streets. It shall be unlawful for any person to carry garbage or rubbish about the streets unless said refuse or gar- bage shall be properly covered so as to prevent the same from being strewn about the streets or alleys. The violation of any of the provisions of this Ordinance shall not only constitute a violation of this Ordinance, but in those cases in which a license has been issued shall subject such licensee to the cancellation of his license during the period for which it was i s sued. (f) The Board of Trustees is empowered to accept or reject any application that may be made to haul garbage or refuse as provided for in this Ordinance. (~~'-~-(g)~ License herein required will be issued with expira- tion date as of June 30th of each year, unless said license shall be cancelled by the Board of Trustees as provided for herein. 14: BURNING WEEDS AND RUBBISH: It shall be unlawful for any person to burn or cause to be burned in the open air any weeds, leaves or rubbish of any kind except in the day time between the hours of sunrise and sunset, and any weeds, leaves or rubbish burned between such hours shall be at a distance of not less than twenty-five feet (25') from any building and ten feet (10') from any fence or other materials liable to catch on fire, and the burning shall be superintended by some responsible person over the age of eighteen (18) years. 15: GARBAGE AND DEBRIS NOT TO BE ON STREETS: It shall be unlawful for any person to throw into, drop or leave on any public thoroughfare or public place or on the premises owned by 4cDEVIT'F & MCDEVITT ATTO R J'~IEY$- AT. LAW BUILDING POCATELLO. him or on the premises of another any garbage, tin cans or other items being classed as other refuse whatsoever. 16: HOTELS AND RESTAURANTS: GARBAGE: Every owner or lessee or person in charge of any store, restaurant, cafe, hotel or other similar place where garbage is made or accumulated shall provide, or cause to be provided for such store, restaurant, cafe, hotel or other similar building a water tight metal receptacle into which all such garbage shall be placed and said receptacle shall have a tight fitting cover and shall be kept covered. 17: ASHES AND OTHER REFUSE FROM PRIVATE DWELLINGS: All garbage, rubbish, refuse, paper, glass, tin cans, crockery, ashes or other debris accumulated in or about any private resi- dence, dwelling house or other building shall be placed in water tight metal receptacles, shall have tight covers and be kept covered; and shall be placed at or near the alley line, or if there is no access to the alley from the dwelling or other building then such receptaCle shall be placed at or near the street line so as to be easily seen, and each receptacle shall not exceed twenty-five (25) gallons or one hundred (100) pounds in capacity. Wash tubs shall not be used for garbage and ashes. Worn-out or unsightly garbage cans are to be discarded. Removal of garbage cans from street and alleys shall be made within twelve (12) hours after pickup; Provided that such cans shall not be placed under the eaves of any garage or other building, except in cases of absolute necessity, and in case of such necessity a roof or shelter shall be placed over such garbage can or cans. Grass clippings, leaves and sod may be placed in baskets, boxes or other such receptacles so that the same may be conveniently handled. -9- 4cDEVlTT 8: NfcDEVlTT ATTO R NEY$ -AT · LAW FIRST SECURITY BANK BUILDING POCATELLO, IDAHO 18: OFFENSIVE SI~ELL OR SMOKE FROM BURNING PROHIBITED: The burning of substances of any kind which may cause or produce an offensive smell, smoke or odor which annoys or is offensive to persons living in the vicinity or to persons passing by on the sidewalk or public thoroughfares constitutes a nuisance. 19: GARBAGE DUMPING PROHIBITED: It shall be unlawful for any person to incinerate garbage or dump same on vacant lots. 20: SUPPRESSION OF NuISANCES: The Sanitary Officer, Police Officer or other designated representative of the Village Board shall take cognizance of all nuisances within the limits of their sanitary jurisdiction and take such measures as may be effectual to suppre~and abate the same. 21: KEEPING OF JUNK OR REFUSE RESTRICTED: It shall be unlav~ul for any person to store or keep any old articles or materials which may be classed as junk or refuse and trash, and shall include all waste materials other than garbage as defined herein, and including inoperable vehicles and equipment or parts thereto, adjacent to or in close proximity to any house, residence, school, church, public park, public grounds, business or industrial building, without first providing proper and tight buildings sufficient for the storage of the same. In addition to the foregoing misdemeanor, the keeping of such old articles outside of the storage building as defined in the paragraph above, whether the same be kept on the premises of the owner or occupier or otherwise, is hereby declared to be a nnisance, and may be proceeded against either as such nuisance or as a violation of ordinance or both such methods. -10- ~IcDEVITT & I~IcDEVITT ATTORNEYS.AT-LAW BUILDING POCATELLO, IDAHO 22: DESTRUCTION OF BUILDINGS: It shall be unlawful to permit any building which is so d~lapidated or in such a con- dition to menace the health or safety of persons or property and the same is hereby declared to be a nuisance; and such building must be destroyed or removed at the expense of parties creating, causing, committing or maintaining said dilapidated buildings or property. A special assessment may be levied on the land or premises whereon the nuisance is situated to defray the cost of abating the same. 23: ADDITIONAL NUISANCES DEFINED: It shall be unlawful for any person to do anything with or upon his property which is injurious to the health or morals or which is indecent or offensive to the senses, or which is an obstruction to the free use of the property of another, and the same are hereby declared to be nUisances. 24: PROPERTY OWNER TO ABATE NUISANCES: It shall be unlawful for any person to refuse or neglect to remove, abate or destroy any nUisance when requested by the Village Board, its Sanitation Officer or Police Officer or any authorized representative thereof. 25: INTERFERI'NG WITH SANITATION OFFICER, POLICE OFFICER OR OTHER AUTHORIZED REPRESENTATIVE: It shall be unlawful for any person to interfere with or obstruct the Sanitary Officer, Police Officer, or any other authorized representative of the Village Board. 26: PENALTY: ~fnoever violates any of the penal provisions of this Ordinance shall be guilty of a misdemeanor, and upon -ll- vlcDEVITT & McDEVITT ATTORNEYS-AT.LAW SU LDING POCATELLO, IDAHO conviction shall be fined not to exceed Three Hundred Dollars (~300.00) for any one offense, or imprisoned not to exceed thirty (30) days, or both such fine and imprisonment. If any judgment or fine hereunder be not paid,such convicted person shall, in default of payment of any fine, be imprisoned in the Village or county jail for a period of one day for each Five Dollar (~5.00) fine. 27: REPEALING OF ORDINANCES IN CONFLICT HEREWITH: All ordinances and parts of ordinances in conflict with the provisions of this Ordinance, whether named herein or not, shall be and the same are hereby repealed. PASSED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF CHUBBUCK and approved this /D day of March, 196& Chairman / Attest Village Clerk -12-