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HomeMy WebLinkAbout647 - Ordinance - Garbage Collection, Health and Sanitation, Refuse and Dead AnimalsRepealed by Ordinance__I /2b Date: 07-13-98 AN ORDINANCE relating to health and sanitation, providing for the establishment, maintenance and operation of uni- versal, compulsory system of collection, removal and dis- posal of garbage, refuse and dead animals, providing for the handling thereof exclusively on contract or by muni- cipal operation, providing, for the amount and method of payment of garbage collection charges, making delinquent payment of garbage collection charges, making delinquent charges for services performed a lien upon property, re- pealing Ordinance No. TEE COUNCIL OF THE TOWN OF PORT ORCHARD, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section.l.COVERAGE- This Ordinance shall apply to all territory embraced within the corporate limits of the Town of.Port Orchard, Washington, and area of police jurisdiction thereof. Section 2. INTENT - The maintenance of health and sanitation require, andVit is the intention hereof, to make the collection, removal and disposal of O > '11 garbage, refuse and dead animals within the Town of Port Orchard compulsory ql-1 3 and universal. Section 3. Definitations (A) Refuse - The term "REFUSE" shall include garbage, rubbish, ashes, swill and all other putrescible and non-putrescible wastes except sewage, from all public and private establishments and residences. (E) GARBAGE - The term, "GARBAGE" shall include all putrescible wastes, except sewage and body wastes, including vegetable wastes, animal offal, except when transported, sold, stored or used as fertilizer, and carcasses of dead animals, but not including recognized industrial by-products, and shall include all such substances from all public and private establishments and residences. (C) RUBBISH - The Term "RUBBISH" shall include all non-putrescible wastes, except ashes, from all public and private establishments and residences. (D) SWILL - The term "SWILL" shall mean and include every refuse accumulation of animal, fruit or vegetable matter, liquid or otherwise, that attends the preparation, use, cooking, dealing in or storing of meat, fish, fool, fruit and vegetables, except coffee grounds. (E) ASHES - The term "ASHES" shall include the solid waste products of coal, wood and other fuels used for heating and cooking, from all public and private establishments and from all residences. (F) PERSON - The term "PERSON'S shall mean every person, firm, partnership, association, institution and corporation. The term shall also mean the occupant and/or the owner of the premises for which service herein mentioned is rendered. (G) HEALTH OFFICER - The term "HEALTH OFFICER" shall mean the district health officer as defined and referred to in Section 70.46.010 through Section 70.046.070, Revised Code of Washington. (H) COLLECTOR OF REFUSE - The term "COLLECTOR OF REFUSE" shall mean the person entering into contract with the Town of Port Orchard for removal of refuse as pro- vided by this Ordinance, or being granted a franchise for the said removal, as the case may be. Section 4. SANITATION SUPERVISOR - For the purpose of carrying into effect the p-ros'isions and aims of this Ordinance, there is hereby created the Office of Sanitation Supervisor, the holder of which office shall have super- vision under the direction of the health officer of the collection of garbage,. and shall have full charge and control of all the work provided for and contem- plated under this Ordinance and as may be provided for by Rules and Regulations adopted by the Town Council and shall exercise the duties of his office under. such regulations and restrictions as shall be approved by the health officer in a contract to be entered into between the TOWN of PORT ORCHARD and the Collector of Refuse. The Sanitation Supervisor shall be appointed by the Mayor with the confirmation of the Town Council, and shall be paid such salary as shall be determined by the Town Coundil. This Ordinance en veers. the Town of Port Orchard to buy, maintain or lease and operate equipment for the removal and disposal of refuse within the Town. Ssccion 5, ACCUMULATION OF REFUSE. It shall be the duty of every person in possession, charge, or in control of any dwelling, flat, rooming house, apartment house, hospital, school, hotel, club, restaurant, boarding house or eating place, or in possession, charge or control of any shop, place of business or manufacturing establishment where garbage, refuse or swill is created or accumulated, at all times to keep or cause to be kept portable appurtenances, metal or other approved cans for the deposit therein of garbage and refuse, and to deposit or cause to be deposited the same therein. It shall be the duty of the owner of any dwelling, flat, apartment house or trailer camp to furnish or to see that his tenants are supplied with such cans. Such cans shall be constructed in such a manner as to be strong, watertight, not easily corrodible, rodent -proof, insect -proof, of not less than 15 and not more than 30 gallons ° capacity, shall have two handles at the sides thereof and tight -fitting lids. Such lids shall not be removed except when necessary to place garbage and refuse in such cans or take the same therefrom. When the lid of a garbage can is removed for any purpose whatsoever, it shall be forthwith replaced by the person removing it as soon as such purpose is accom- plished. Refuse or garbage cans shall not be filled with dish water or other liquid or semi -liquid kitchen wastes which are properly disposable down the sanitary drains. Such cans shall not be overloaded beyond the point where coverts can be securely replaced. Each can shall oe kept in a place accessible to the collector, so that he is not required to carry the refuse farther than necessary. Each garbage can shall be kept clean inside and out, so that no odor nuisance shall exist, and the area around said cans shall be kept in a neat and sanitary condition. The garbage collector shall place tags on garbage cans found to be in violation of this Section, and notify the Sanitation Supervisor. The tag shall have a perforated stub, with identification number and place for location and description. Two or more violations of this provision by persons shall subject the person tq penalties described in Section 19. No garbage can shall be overloaded with earth, rocks or heavy refuse beyond the point where one pick-up man can lif(the can to the pick-up truck. Special pick-ups shall be placed at the garbage can or as near thereto as possible. Customers must restrain vicious dogs beyond reach of the garbage cans and prevent any interference with pick-up men on this account. Large, suitable containers for both collection of garbage and refuse may, with the approval of the Sanitation Supervisor, be used by hotels, restaurants, boarding houses, eating places, apartment houses, schools and hospitals, and in the business district. It shall be the duty of every person to cause such garbage and refuse to be removed and disposed of only by the Collector of Refuse. it shall be the duty of every person in control of any dead animal or upon whose premises within twenty-four hours after the discovery of t] of the death thereof, whichever event shall occur Collector of Refuse during the hours of 8:00 A.M. Saturdays. possession, charge or the same may be located, ie dead animal or notice first, to notify the to 5:00 P.M., Mondays through This section is subject to the proviso that in the case of isolated dwellings or places of business located in sparsely settled portions of the Town, or where reasonable access cannot be had by truck, garbage and refuse therefrom may, upon special permit of the Sanitation Supervisor, be collected, removed and disposed of in such a manner that said Sanitation Supervisor shall approve and direct. Garbage and swill shall not be disposed of upon private pmsmises by incineratbnm . - 2 - Section 6. RESTRICTIONS. It shall be unawful for arty person to burn, dump, collect, remove, or in any other manner dispose of garbage or swill upon any streets, allay, public place or private property within the Town other- wise than as herein provided. Waste paper:, boxes, rubbish, and debris, brush, leaves, grass, weeds and cuttings from trees, lawns, shrubs, and gardens, (excepting rubber or pro- ducts containing rubber) may be burned on private property in furnaces or trash burners approved by Sanitation. Supervisor, or upon special permit from the Fire Chief. it shall be unlawful for any person to bury, burn or dump waste paper, boxes, rubbish and debris, grass, leaves, weeds and cuttings from trees, lawns, shrubs, and gardens, upon any street, alley or public place, or en any tidelands in the Town of Port Orchard. Section 7. COLLECTION. The collector of refuse shall collect, remove and dispose of all garbage and refuse in the residential sections of the Town at least once each week, and from hotels, restaurants, boarding houses, eating places, apartment houses, schools and hospitals and in the business sections of the Town of Port Orchard, as designated from time to time by the Sanitation Supervisor, at least once each day, or in either of said districts as often as required by said Supervisor, residential sections of the Town shall include all portions thereof not otherwise designated. Section S. SEPARATION OF REFUSE. The Town reserves' the right eel and may have option to require ,the separation of paper or swill or other component parts of garbage and refuse, or any of them, may require the deposit thereof in separate cans or receptacles, and may prescribe thenethods of disposal thereof. Until otherwise provided, with the approval of the Garbage Super- visor and subject to the rules and regulations of the Town Council, swill may be used or seld by the persons producing the same and removed beyond the Town limits by the persons using or purchasing the same. Section 9. PUBLIC PLACES. It shall be unlawful for any person, firm or corporation conducting any hotel, restaurant, or any public eating place to deposit, throw or place swill or other refuse food matter in a lane, alley, street, or other public place, or to deposit, throw or place any swill upon any private property, regardless of ownership, unless said swill shall be enclosed in` vessels or tanks of a type approved by the Sanitation Supervisor, and which shall be perfectly watertight and shall have tightly fitting covers, which covers shall not be removed except when absolutely necessary for the depositing and removal of swill. Such vessels or tanks shall be ..kept for the depositing and removal of swill. Such vessels or tanks shall be kept in the rear of the premises or in the basement or other place authorized by the Sanitation Super- visor, so as to be readily accessible for collection, and shall not be kept upon the street, alley or sidewalk or public place. All such tanks or vessels shall be promptly delivered to the collector when called for and shall be returned by him without unnecessary delay, and no person, except for purposes of collection under license, shall in any manner interfere with said vessels or tanks or with contents thereof. Section 1O. DISPOSAL OF GARBAGE AND OTHER REFUSE. All disposal of refuse shall be by method or methods specifically approved by the State Depart- ment of Health, provided, that said method or methods shall include the maximum practicable rodent, insect, and nuisance control at the place of disposal, and provided, further, that animal offal and carcasses of dead animals shall be buried or cremated as directed by the Health Officer. CoiV sRAc1' A3giI f-tRAWCbfiTES Section 11.The Collector of Refuse may, at the discretion of the Town Council, undertake the duties herein provided by virtue of a franchise granted to him by the Town Council or by contract for collection. In the event the Collector of Refuse shall operate under, franchise from the Town, the Collector - 3 - of Refuse shall undertake his own collections and no funds of the Town of Port Orchard shall be chargeable for the compensation of the Collector of Refuse, but any such franchise granted by the Town Council shall specify the rated which the Collector of Ruse may charge for the removal of refuse, garbage and dead animals, and shall be cancellable by the Town Council for cause. In theevent the Council of the Town of Port Orchard shall, at any time, resolve to have the collection of garbage, refuse, rubbish and/or swill removed by contract, immediately upon the effective date thereof or as soon thereafter as practicable upon the dis- cretion of the Town Council, specifications approved by the Town Council shall be prepared, and the Town Clerk shall forthwith publish a call for bids for a con- tract to remove and dispose of refuse in accordance with the terms of •this Ordinance. Such contract thereafter shall be let every five years or such period as shall be lawful, which ever shall be the longest) publishing call therefor at least ten days prior to the time of opening bids. The Town Council shall award the contract to the person who in their mind, submits the lowest bid and is best qualified and best equipped to perform the contract contemplated and the rendering of the ser- vices made; provided, however, that the Town Council shall have the power to re- fuse any and all bids, and at its option the Town may handle the collection and disposal of garbage under municipal ownership. Section 12. COMPLIANCE. Every person shall dispose of all garbage promptly according to the terms of this ordinance and rules and regulations, and no person shall perform any of the provisions of the contract referred to above except the collector of refuse. Only the collector of refuse shall use or be permitted to use the sanitary fill or fills or other place of disposal established and used by the Town of Port Orchard, and he shall be responsible and be required to maintain said place or places of disposal in a sanitary manner at all times and in compliance with all applicable gatutes, rules, regulations and ordinances of the Town Council, and orders of the Sanitation Supervisor and Health Officer. Garbage service may be suspended for non-payment of charges on or before the 15th day of each month following the date of billing. Such suspension shall not relieve the person owing such account from the duty of complying with the provisions of this ordinance. Such suspension shall render the premises where such service is suspended subject to condemnation for sanitary reasons. It shall be the responsibility of each person furnished garbage collection service to notify the Sanitation Supervisor of any desired suspension of service. Failure to do so may .cause a forfeiture of the security deposited. i t Section 13. ALTERNATIVE PROVISIONS. Sections 14, 15 and 16 hereinafter set forth shall be effective only if and when the Council of the Town of Port Orchard resolves to have the Collector of Refuse operate by contract instead of franchise. Section 14. CHARGES. All applicants for service not the owners of the property to be served shall be required to make a cash deposit with the Town Treasurer of $2.00. Such deposit or security may be applied toward the payment of garbage bills whenever the sum shall have become delinquent. Charges for refuse collection and disposal shall be compulsory and shall be billed in conjunction and simultaneously with statements issued b the Town for water. Said charges or accounts shall be paid at the Water Department office by owner or tenant, on or before the 15th day of each month following date of billing, and if not so paid shall be d.inquent. A delinquency charge of 50to cover extra cost of collection shall be added to all delinquent accounts. Charges for refuse collections and disposal shall become a lien against the property. Section 15. FUNDS. There are hereby created and established two special funds to be known and designated as (1) Town Sanitary Service Fund, and (2) Town Sanitary Trust Fund. All sums collected under this ordinance for garbage services, except the cash deposits of non -property owners, shall be deposited and kept by the Clerk of the Town of Port Orchard in the Town Sanitary Service Fund, and all expenses of the administration and operation of this ordinance shall be paid from that fund. All security deposits paid by appli- cants for service who are not owners of the property to be served shall be deposited in the Town Sanitary Trust Fund from which fund the Town Clerk shall refund deposits when service id discontinued or apply to the payment of unpaid garbage bills when the same shall have become delinquent, as the case may be. -4- - Section 16. COLLECTOR OP REVENUE - The Town Clerks}iall have charge of all collections and shall have the power to enforce the collection of all charges for services rendered under this Ordinance. Section 17, POWER OF TOWN - The Town of Port Orchard shall have the power, from time to time, in an appropriate manner to set forth and determine rules and regulations and rates, duties and responsibilities and necessary salaries, and such other matters as may be necessary in the discretion of its Town Council for the proper execution of this Ordinance. Thy Town of Port Orchard is hereby empowered to carry out all the terms and provisions of this Ordinance and to collect and dispose of refuse in the manner provided herein. However, it shall not exercise such power if the Collector of Refuse is faithfully performing any valid contract with said Town, unless the Town purchases the property of the Collector of Refuse. Section 18. SEPARABILITY - If any section, provision or part thereof of this Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision, or part thereof not adjudged invalid or unconstitutional. Section 19, REPEAL. Ordinance No.I , passed and approved on the day of d4..1r , 19- is hereby repealed. Section 20. PENALTIES - Any person violating any of the provisions of this Ordinance shall be guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not exceeding one hundred dollars ($100.00) or im- prisonment for a term not exceeding thirty (30) days, or both, in the discretion of the court. Section 21. EFFECTIVE DATE. This Ordinance shall take effect and be in force from and after five (5) days after its passage, approval and legal publication. PASSED AND APPROVED this /D TOWN ATTORNEY