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0748 Garbage CollectionORDINANCE NO. i 4q AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, REPEALING CHAPTER 3.28 "GARBAGE COLLECTION"; ENACTING A NEW CHAPTER 13.28 "SOLID WASTE COLLECTION"; PROVIDING DEFINITIONS; PROVIDING FOR THE COLLECTION AND DISPOSAL OF SOLID WASTE AND MAKING SUCH MANDATORY FOR ALL PREMISES AND OCCUPANTS GENERATING SOLID WASTE; PROVIDING FOR COLLECTION OF SUCH SOLID WASTE; PROVIDING STANDARDS FOR ACCEPTABLE WASTE TO BE COLLECTED; PROHIBITING CERTAIN TYPES OF WASTE FROM BEING DISCARDED; PROHIBITING BURNING OF SOLID WASTE; PROVIDING FOR RECYCLING OF CERTAIN MATERIALS; ESTABLISHING FEES FOR THE COLLECTION AND DISPOSAL O SOL:L; WASTE; n EPEALI?,TG PArOR CONFLLCTI>` r OR_DINANCF„S; PROVII7TNG FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; AND PROVIDING WHEN THIS ORDINANCE IS EFFECTIVE NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK AS FOLLOWS: Section 1: Chapter 13.28 "Garbage Collection” of the Chubbuck Municipal Code is hereby repealed in its entirety. Section 2: The following Chapter 13.28 "Solid WASTE Collection" is hereby adopted: Chapter 13.28 SOLID WASTE COLLECTION Sections: 13.28.010 DEFINITIONS 13.28.020 SOLID WASTE COLLECTION PROVIDED 13.28.030 SOLID WASTE COLLECTION AND DISPOSAL SERVICE COMPULSORY 1328.040 COLLECTION, CONTAINER TYPES, NUMBERS, FREQUENCY OF COLLECTION AND LOCATION FOR COLLECTION 13.28.050 PREPARATION OF SOLID WASTE FOR COLLECTION 13.28.060 CONSTRUCTION WASTE, BULKY WASTE, HAZARDOUS WASTE 13.28.70 UNAUTHORIZED MATERIAL 13.28.080 BURNING PROHIBITED 13.28.090 RECYCLABLE MATERIALS ORDNANCE - Page 1. chabbuck 072715 solid was ord.wpd M 13.28.100 FEES 13.28.010 DEFINITIONS: For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meanings given in this section. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular, and words in the singular include the plural. The word "shall" is always mandatory and not merely directory. ASHES: The residue from the burning of wood, coal, coke or other combustible materials. COLLECTOR: The City of Chubbuck Department of Public Works, or the person holding a contract issued or granted by the City authorizing such person to operate, conduct, and maintain a garbage and refuse collection and disposal system upon, on and over streets, alleys and public ways of the City. CONSTRUCTION WASTE: Waste building materials resulting from construction, remodeling, repair, or demolition operations. GARBAGE: "Solid Waste" as defined herein. HAZARDOUS WASTE: Any chemical, compound, mixture, substance, or article which is designated by the United States Environmental Protection Agency or appropriate agency of the State of Idaho to be hazardous as defined by or pursuant to federal or state law. OWNER OR OCCUPANT: Every "person" as defined in this section in possession, charge, custody or control of any premises where garbage or refuse is created or accumulated. "Account owner" means the person in whose name/address the utility bill is maintained. PERSON: Any person, firm, partnership, association, corporation, company or organization of any kind. PREMISES: Land and all buildings and structures thereon, whether used as a place of habitation, education, office, shop, operation of a business, trade, or any occupation. REFUSE: "Solid Waste" as defined herein. SOLID WASTE: All putrescible and non-putrescible solid waste, garbage, refuse and debris, whether combustible or noncombustible, broken concrete, rocks, plaster, discarded building materials, trees, and/or large tree limbs, except body waste, sewer, and hazardous waste. The term shall be synonymous with garbage and refuse. 13.28.020: SOLID WASTE COLLECTION PROVIDED: The solid waste collection and disposal system of the city shall collect and dispose of all solid waste which has been properly placed for collection as provided in this chapter. The Public Works Director is hereby authorized to promulgate such other rules, regulations, and policies as may be necessary for the location, care and maintenance of the city issued containers and the effective and orderly collection of ORDINANCE - Page 2. chubbuck 072715 solid was ord.wpd M solid waste. Copies of such policies shall be kept at the Public Works Department and made available to the public. 13.28.030: SOLID WASTE COLLECTION AND DISPOSAL SERVICE COMPULSORY: A. Solid waste collection service provided under the terms of this chapter shall be deemed mandatory for all premises which generate solid waste and the owners or occupants of such premises shall be required to pay such costs as are billed. No person shall be permitted to refuse to accept the collection and disposal service provided for in this chapter. The city council may waive this requirement only upon written application and showing of substantial hardship or other good cause. B. The City, in its sole discretion, may authorize some contractors at construction sites to haul and dispose of construction or demolition waste generated at such site. This authority may be granted only to those contractors owning their own containers and who control the construction or demolition activities at the site. The duration of such authority shall not extend beyond the time of construction to occupancy of the structure. C. The temporary failure of any person to receive such service and the temporary failure to make such collection due to circumstances beyond the control of the city shall not relieve such person from payment of charges provided for in this chapter. 13.28.040: COLLECTION CONTAINER TYPES, NUMBERS, FREQUENCY OF COLLECTION AND LOCATION FOR COLLECTION: A. The City has the authority to specify the type of collection container or cart, the numbers of collection containers or carts, and the frequency of collection of solid waste from any premises, based upon the amount and type of solid waste generated from that site. The City also has the authority to designate the schedule of collection of solid waste from containers in the City. B. The City has the authority to designate the collection point where the solid waste container or cart must be placed for collection. C. All premises approved to utilize residential collection carts shall accumulate the solid waste into the cart and place the cart at or near the curb line so as to be easily seen and readily available for pick up on the regular collection day(s). Such carts must be so placed no earlier than six o'clock (6:00) P.M. on the day prior to collection and no later than seven o'clock (7:00) A.M. on the day of collection. Such carts may not be permanently located on the public rights of way. Owners of property whose collection point is not at curbside shall provide access to the collector onto the premises for the collection and disposal of refuse at the location designated by the City. D. Permanent storage locations for off street collection from commercial premises shall ORDINANCE - Page 3. chubbuck 072715 solid was ord.wpd be enclosed on three sides with a screening fence, with or without a gate on the fourth side, and shall be located as specified by the City to enable the collection vehicle to safely access and service the container, E. No person other than the owner or occupant of premises may place solid waste within any container not his own without express approval of the account holder. No person may remove any materials placed for collection in any container without the express permission of the account owner, F. It shall be the responsibility of the person in whose name the account is held to ensure adequate care of the city issued containers so as to prevent damage, vandalism or loss. The costs of replacing containers whose damage or loss was not incurred during the collector's pick up process shall be assessed to the account holder and added to the refuse collection portion of the utility bill. - 13.28.050: PREPARATION OF SOLID WASTE FOR COLLECTION: A. All solid waste must be placed and fully contained within the collection container or cart provided by the City. B. Wet solid waste must be drained of excess water before placing in the container. Ashes must be cold and free from live coals or embers before placing in the container. Tree limbs and branches shall be cut into four (4) foot lengths and placed in the container so as to not extend above the top of the container. C. Total weight of solid waste placed in residential collection carts shall not exceed two hundred (200) pounds. 13.28.060: CONSTRUCTION WASTE, BULKY WASTE, HAZARDOUS WASTE: A. Construction waste, including, but not limited to, concrete, wood, and steel shall be placed only in commercial containers specified by the City for such waste. The City, in its sole discretion, may authorize and/or require persons to haul and dispose of construction or demolition debris not suitable for City provided containers or carts. B. Such construction and demolition debris shall not be placed in residential collection carts. C. Persons hauling bulky waste not suitable for the city provided container or cart, including, but not limited to tree or shrub limbs and branches, demolition or remodeling waste, or soil and gravel shall be permitted to haul on public thoroughfares only if the waste load is covered with a suitable load cover or is properly tied and secured to the vehicle so as to prevent ORDINANCE - Page 4. chubbuck 072715 solid was ord.vvpd loss of the waste material along the thoroughfare. D. No hazardous wastes are to be placed for collection by the City collection and disposal service. Hazardous wastes which are prohibited from disposal include, but not limited to, nonedible oils; flammable liquids and solids including fuels, solvents, paint thinners, and degreasers; pesticides, including herbicides, insecticides and wood preservatives; corrosive materials; PCB capacitors and ballasts; mercury (such as thermometers and mercury switches); vehicle batteries; paints; hobby chemicals and artists' paints. 13.28.070: UNAUTHORIZED MATERIAL: Unless approved by the Public Works Director, it is unlawful for any person to place, cause to be placed, or allow such items as parking lot or street sweepings; building material, such as concrete blocks, sand, sheetrock, etc.; nor such items as motor blocks, tires, batteries, debris from auto repair, or any other material in any container, compactor or other receptacle which creates a weight or other condition that might prevent the container from being readily emptied by the collection vehicle. 13.28.080: BURNING PROHIBITED: Incinerating solid waste or burning of substances of any kind within the city is prohibited except by special permit issued by the City Fire Department in accordance with state regulations. Burning of any substances within city issued solid waste container is also prohibited. 13.28.090: RECYCLABLE MATERIALS: A. Recyclable materials may be voluntarily disposed of through the City's voluntary recycling program. The program is fee-based and accepts co -mingled recyclable materials deposited in City -supplied containers or residential carts. B. Individual City Utility customers wishing to dispose of recyclable materials may arrange with the City Utility Billing office for delivery of a special individual recycling collection cart into which the commingled recyclable materials may be deposited and placed for collection. This service is fee-based and fees shall be as provided in Section 13.04 of this title. Individuals may also utilize large site-based containers located throughout the City. Site-based containers are available for disposal of recyclable materials without charge. C. Commercial and Industrial customers, generating large amounts of recyclable materials may utilize other City -provided containers for such disposal services at such fees as provided in Section 13.04 of this title. D. Commercial and Industrial organizations accepting recyclable materials may also, as authorized by the City, provide and service large containers for other commercial and industrial customers to utilize for recyclable materials. ORDINANCE - Page 5. chubbuck 072715 solid was ord.wpd E. Acceptable recyclable materials include: paper (cardboard, office/computer, newspaper, magazines, phone books), aluminum, cereal boxes, tin cans, and household plastics (#I through #7). Unacceptable materials include: plastic bags, tissue paper, paper towels, batteries, oil, glass, chemical bottles, hardback books, lead, steel, iron, appliances, auto exteriors, and tires 13.28.100: FEES: Fees for solid waste collection and disposal service and for co -mingled recycling service shall be as provided in section 13.04 of this title, for such various classes of service as are therein delineated, and such further classes of service and rates as maybe from time to time established. Such classes and rates for such service shall be vested in the City as to the type, kind and frequency of service rendered as the same may from time to time be established by resolution of the City Council. ADMINISTRATIVE PROVISIONS Section 1. Repeal of Conflicting Ordinances--The-provisions of any Ordinance of the City and any provision of the Municipal Code which are in conflict with the provisions of this Ordinance are repealed to the extent of such conflict. Section 2. Severability. The sections of this ordinance are severable. The invalidity of a section shall not affect the validity of the remaining sections. Section 3. Effective Date. The rule requiring an ordinance to be read on three separate days, one of which shall be a reading in full, is dispensed with, and this Ordinance shall become effective upon its passage, approval and publication. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF CRUBBUCK, IDAHO, this cW day of 2015. Kevin B. Englanl,ay ATTEST: Richard Morgan, City Clerk ORDINANCE - Page 6. chubbuck 072715 solid was ord.wpd