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Ordinance 1097 - Amend Garbage OrdinanceORDINANCE NO. 1097 AN ORDINANCE AMENDING CHAPTER 11, KALISPELL CITY CODE, REPEALING PORTIONS OF THE CODE INCONSISTENT WITH SIDE -ARM LOADER TECHNIQUE, ENACTING SECTION CONSISTENT WITH SIDEARM LOADER TECHNIQUE AND DECLARING AN EFFECTIVE DATE. BE IT ORDAINED. BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION I. That Chapter 11 of the Kalispell City Code is amended to read as ollows: Sec. 11-1. Definitions. For the purpose of this chapter the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number.. The word "shall" is always mandatory and not merely directory. (1) Ashes. The residue from the burning of wood or other combustible materials. (2) City. The City of Kalispell, Montana. (3) Public Works Director.. The Director of Public Works of the City of Kalispell. (4) Garbage. Kitchen wastes, excluding body wastes, resulting from the handling, preparation, cooking and consumption of food. (5) Person. Any person, firm, partnership, association, corporation, company or organization of any kind. (6) Rubbish. Nonputrescible solid wastes (excluding ashes), con- sisting of combustible and noncumbustible wastes, such as paper, cardboard, tinn cans, bottles, glass, crockery and similar materials. Sec. 11-2. Administration; penalties. It shall be the duty of the Director of Public Works or someone duly appointed by him to administer this chapter except as otherwise provided. Written notices shall be issued and served by the Public Works Department for failure to comply with the requirements herein. After receipt of such a notice willful failure to comply therewith shall be an offense punishable by fine of one hundred dollars and additional one hundred dollars for each such violation not corrected within each succeeding fifteen days of notice. Article II. Collection and Removal. Sec. 11-3. City to perform all collections: exceptions. All garbage accumulated in the city shall be collected by the city except as otherwise herein provided. No other person shall collect, convey over any of the streets or alleys of the city or dispose of any garbage accumulated in the city. (a) Exception for actual producers: This section shall not prohibit the actual producers of garbage, or the owners of premises upon which garbage has accumulated, from personally collecting, conveying and disposing of such garbage, in a duly designated disposal site; provided, that such producers or owners comply with the applicable provisions of this chapter and with any governing law or ordinances. (b) Exception for outside collectors: This section shall not prohibit collectors of garbage from outside of the city from hauling such garbage over city streets en route to a duly designated disposal site, provided such collectors comply with the provisions of this chapter and with any other governing law or ordinances. 371. (c) Exception for Annexed Areas: When an area served by a private collection service is statutorily annexed to the City, the City shall not provide exclusive garbage service to the annexed area's residents who are served by private collectors as of the effective date of annexation for a period of five (5) years next succeeding the effective date of annexation. This section shall not prohibit the City from exclusively servicing the residents whose occupation occurs after the effective date of the annexation. Sec. 11-4. Supervision by Director of Public Works. All garbage accumulated in the city shall be collected, conveyed and disposed of by the city under the supervision of the Director of Public Works. The Director of Public Works shall have the authority to make regulations concerning the days of collection, type and location of waste containers and such other matters pertaining to the collection, conveyance and disposal as he shall find necessary, and to change and modify the same after notice as may be required by law; such regulations may not be contrary to the provisions hereof. Appeals: Any private licensed collector or person aggrieved by a regulation of or fee charged by the Director of Public Works shall have the right of appeal to the city council who shall have the authority to confirm, modify or revoke any such regulation or fee. Sec. 11-5. Precollection regulations. (a) Exclusion 5enerally: Garbage and rubbish, as defined in section 11-1, shall not be construed to mean or include manure of any kind, basement or lawn excavation, trees, house wreckage, sod, heavy industrial waste, junked automobiles, major household appliances, remodeling waste, furniture, wood, dirt, branches, hot ashes. (b) Preparation of material. (1) Ashes: All ashes shall be completely extinguished and placed in city container. (2) Hazardous items: Hazardous items such as broken window gla-ss , long flourescent .lighzbulbs , long. sharp edged metal —strips, etc., shall be broken into small pieces. These items shall not be placed so as to protrude from the top of garbage containers. (3) Cardboard boxes shall be deposited broken down. (4) Leaves, lawn trimmings, and garden wastes may be placed in 90 gallon containers provided that the same are bagged by the producer prior to being deposited in said containers. (5) Leaves, lawn trimmings, and garden wastes shall not be deposited in 300 or 400 gallon containers but may be placed in plastic garbage bags, said bags to be deposited immediately adjacent to said containers for pickup. (c) Containers: (1) The city shall pick up garbage only in c:i-j.tainers provided by the city. (2) 1 emises having four or more individual living units shall be provided containers of sufficient size and number to adequately contain all garbage for the period of time between scheduled collections . ( d ) Storing of garbage: (1) Public places. No person shall place any garbage in any street, alley or other public place, or upon any private property whether owned by such person or not, within the city unless it is in acceptable containers and properly located for collection or with the express written approval granted by the Director of Public Works. Nor shall any person throw or deposit any garbage in or upon the banks of any stream or other body of water within the city or upon or in any watercourse used by the city as a source of water supply. 372 r (2) Unauthorized accumulations. Any unauthorized accumulation of garbage or rubbish on any premises is hereby declared to be a nuisance and is prohibited. Failure to remove any existing accumulation of garbage or rubbish in violation hereof within thirty days after the effective date of this article shall be deemed a violation of this article by the owner, lessee or occupant of such premises. (3) Scattering of garbage. No person shall place, sweep or deposit anywhere within the city any garbage or rubbish in such a manner that it may be carried or deposited by the elements upon any street, sidewalk, alley, sewer, boulevard or other public place or onto any occupied premises within the city. (e) i0ilnt5 cif l viicLtl:Jit: (1) Location of containers. Container shall be placed on or near the property line but not more than ten feet from the alley line. No obstructions or any structure shall be placed between the container and the alley. In city blocks serviced by alleys, all residences, including those on split lots, shall locate their containers within ten feet of the alley line, or protruding no more than two feet into the alley on one side only. Curbside service shall not be provided in such blocks. (2) Curbside service. Curbside service shall be provided only for city areas not serviced by alleys. No curbside service shall be provided in areas of the City which have alley access. All garbage containers set out for curbside pickup shall be placed on the curbline or in front of the curbline prior to pickup time on scheduled day of pickup and removed the same day after pickup. (3) Protection from liability. If in any particular case it becomes necessary for crews or vehicles to travel upon private property to render service the city shall have no liability to the property owner for damage to driveways, trees, lawns or shrubs. (4) Alley access is defined as those areas of the City where there is an alley in a block or an alley that borders said block. Sec. 11-6. Collection practices generally. (a) Frequencl of collection. The Director of Public Works shall establis'E and publicize col ection schedules for residential and commer- cial premises as the need therefor occurs. (b) Limitation on quality. (1) Residential. The city shall collect areasonable accumulation of garbage of each family during a collection period for the standard charge. (2) Commercial. The city shall collect a reasonable accumulation of garbage from commercial establishments during the collection period at a fair charge based upon the average volume. (3) The Director of Public Works shall have the authority to refuse to collect unreasonable amounts or to make an additional charge for such amounts. (c) Special &arbage problems. Inflammable or explosive garbage, highly inflammable or explosive materials shall not be placed in containers for regular collection but shall be disposed of as directed by the Director of Public Works at the expense of the owner or possessor thereof. (d) Collection by actual producers and outside collectors. (1) Requirement for vehicles. The actual producers of garbage or the owners of premises upon which garbage is accumulated who desire personally to collect and dispose of such garbage, persons who desire to dispose of waste material not included in the definition of garbage and collectors of garbage from outside the city who desire to haul over the streets of the city shall use a vehicle provided with a tight cover and so operated as to prevent offensive odors escaping therefrom and garbage from being blown, dropped or spilled therefrom. (2) Disposal. Disposal of garbage collected by persons so permitted under subsection (1) above shall be made outside the city limits, unless otherwise specifically authorized by the Director of Public Works in writing. (3) Rules and regulations. The Director of Public Works shall have the authority to make such other reasonable regulations concerning individual collection and disposal relating to the hauling of garbage over city streets as he shall find necessary. (e) Garbage property of city. Ownership of garbage material once collected by the city shall be vested in the city. Sec. 11-7. Collection by contract with city. (a) Power of city. The city shall have the authority and power to contract with some responsible person for the collection and removal of part or all of the garbage accumulated within the city. (b) Control of contracts. Control of persons contracted to remove garbage within the city shall be as per contract documents and shall be administered by the Director of Public Works. Sec. 11-8. Fees. (a) The City Council shall, from time to time, establish a schedule of fees for garbage collection within the city as the needs may require. The Director of Public Works shall maintain such schedules and same shall be available for public inspection at any reasonable time. (b) All residential lots regardless of whether a private collector is used, shall be assessed the Council may direct. a standard charge under such schedule as (c) Commercial properties (non-residential businesses or buildings or residential buildings 'of "more than fbur"units) using City garbage collection shall be assessed appropriate charges based upon volume and the number of collections per week, as on file with the Director of Public Works. (d) Vacant lots and parking lots. Owners of vacant lots and lots used for parking purposes shall not be assessed a standard charge under such schedule as the council may direct. (e) Billings. Billing will be accomplished on a yearly basis through -the city special assessments on the county tax notices. (f) Fees for private collectors. Fees for private collectors shall be set by the individual collector. Any control thereof shall be as stipulated in the rules and regulations of the Public Service Commission of the State of Montana as they apply to the individual collector's MRC license. SECTION II. All parts and portions of Chapter 11, Kalispell City Code not amended hereby are repealed. SECTION III. This Ordinance shall become effective from and after thirty 30) days of its passage by the Council and approval by the Mayor. PASSED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AND APPROVED BY THE MAYOR THIS 2Dsh. DAY OF April 1987. C 0 ohn 'E Kennedy J Mayor I, Don Ha er, City Clerk of the City of Kalispell, ATTEST: Montana, do hereby certify that on the day of 1987, the attached ordinance passed the first reading and the second reading will be heard at the regular council meeting -City er - reasurer to be held on the day of 1987. City C erk- �; the Citv of Kalispell, Montana