HomeMy WebLinkAbout0060 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
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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
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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
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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-
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~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.
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POLICE DEPAR~'~ENT OR SANITARY INSPECTOR TO PUBLISH
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~,'~:;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:
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',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.
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~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$- AT. LAW
BUILDING
POCATELLO.
him or on the premises of another any garbage, tin cans or other
items being classed as other refuse whatsoever.
16: HOTELS AND RESTAURANTS: GARBAGE: Every owner or
lessee or person in charge of any store, restaurant, cafe, hotel
or other similar place where garbage is made or accumulated shall
provide, or cause to be provided for such store, restaurant, cafe,
hotel or other similar building a water tight metal receptacle
into which all such garbage shall be placed and said receptacle
shall have a tight fitting cover and shall be kept covered.
17: ASHES AND OTHER REFUSE FROM PRIVATE DWELLINGS: All
garbage, rubbish, refuse, paper, glass, tin cans, crockery,
ashes or other debris accumulated in or about any private resi-
dence, dwelling house or other building shall be placed in
water tight metal receptacles, shall have tight covers and be
kept covered; and shall be placed at or near the alley line, or
if there is no access to the alley from the dwelling or other
building then such receptaCle shall be placed at or near the
street line so as to be easily seen, and each receptacle shall
not exceed twenty-five (25) gallons or one hundred (100) pounds
in capacity. Wash tubs shall not be used for garbage and ashes.
Worn-out or unsightly garbage cans are to be discarded. Removal
of garbage cans from street and alleys shall be made within
twelve (12) hours after pickup; Provided that such cans shall
not be placed under the eaves of any garage or other building,
except in cases of absolute necessity, and in case of such
necessity a roof or shelter shall be placed over such garbage
can or cans. Grass clippings, leaves and sod may be placed
in baskets, boxes or other such receptacles so that the same
may be conveniently handled.
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4cDEVlTT 8: NfcDEVlTT
ATTO R NEY$ -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.
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~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
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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
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