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Ordinance 1701 - Amends Solid Waste Ordinance Five-Year RuleWHEREAS, the Kalispell Municipal Ordinance 11-3 specifically addresses the issue of the collection of solid waste in the City of Kalispell; and WHEREAS, the 2011 Legislature amended state law with Senate Bill 234 regarding the collection of solid waste by a municipality in such a way that the current above cited Kalispell Municipal Code is now inconsistent with state law; and WHEREAS, it is in the best interests of the City and its residents to amend the Municipal Code to be consistent with state law as reflected in Exhibit "A" attached hereto. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION I. The City of Kalispell Municipal Code codified at Chapter 11 of the Code is hereby amended as set forth in Exhibit "A", attached hereto and incorporated fully herein by this reference. SECTION 11. The City Attorney is hereby authorized and directed to recodify this Ordinance. SECTION 111. This Ordinance shall take effect thirty (30) days after its final passage. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL THIS 6TH DAY OF SEPTEMBER, 2011. Tammi Fisher Mayor ATTEST: Theresa White City Clerk Exhibit "A" " 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. A. Exception for Actual Producers: This section shall not prohibit the actual producer 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 ordinance. B. Exception for Outside Collectors: This section shall not prohibit collectors of garbage from outside of the City from collecting and hauling such garbage over City streets in route to a duly designated disposal site, provided such collectors comply with the provisions of this chapter and with any other governing law or ordinance.