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Ordinance 818 - Municipal Garbage Service317 ORDINANCE NO. 818 AN ORDINANCE ESTABLISHING A MUNICIPAL SERVICE FOR THE COLLECTION OF ALL REFUSE, GARBAGE, RUBBISH AND ASHES ACCUMULATED IN THE CITY; SETTING FORTH THE AUTHORITY OF THE.CITY ENGINEER; PRESCRIBING REGULATIONS FOR THE STORAGE AND COLLECTION OF GARBAGE, RUBBISH AND ASHES; PROVIDING FOR THE MAINTENANCE OF SANITARY CONDITIONS ON PUBLIC AND PRIVATE PREMISES IN THE CITY;. PROVIDING FOR THE IMPOSITION AND COLLECTION OF FEES AND THE ESTABLISHMENT OF THE AMOUNTS THEREOF FOR THE COLLECTION BY THE CITY OF GARBAGE, RUBBISH AND ASHES; AND PRESCRIBING. PENALTIES FOR VIOLATIONS OF ITS PROVISIONS, PROVIDING FOR "ALLEY CLEANUP"; REPEALING CONFLICTING ORDINANCES; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY, COUNCIL OF THE CITY OF KALISPELL, MONTANA: SECTION 1. SHORT TITLE: This ordinance shall be known and may be cited as the "Municipal Refuse Collection Ordinances of the City of Kalispell." SECTION 2. DEFINITIONS: For the purpose of this ordinance the following terms, phrases, words, and their derivations shall have the meaning given herein. whey} 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" is the residue from the burning of wood, coal, coke, or other combustible materials. (2) "City" is the City of Kalispell, Montana. (3), "City Engineer" is the City Engineer of the City of Kalispell. (4)• "Garbage" is putrescible animal and vegetable wastes, excluding body wastes, resulting from the handling, preparation, cooking and consumption of food. (5) "Person" is any person, firm, partnership, associaiton, corporation, company or organigation of any kind. (6), "Refuse" is all putrescible and nonputrescible solid wastes, ' except body wastes, including garbage; rubbish, ashes, street clean- ings, dead animals, abandoned automobiles, and solid market and i i industrial wastes. 318 f T (7) "Rubbish" is nonputrescible solid wastes (excluding ashes), consisting of both combustible and noncombustible wastes, such as paper, cardboard, tin cans, bottles, yard clippings, wood, glass, bedding, crockery and similar materials. SECTION 3. COLLECTION BY CITY: All refuse accumulated in the city shall be collected by the city except as otherwise herein provided. No othe' person shall collect, convey over any of the streets or alleys of the city, or dispose of, any refuse accumulated in the city. (a) Exception for Actual Producers: This ordinance shall not prohibit the actual producers of refuse, or the owners of premises upon which refuse has accumulated, from personally collecting, conveying and disposing of such refuse, in a duly designated disposal site, provided) such producers or owners comply with the applicable provisions of this ordinance and with.any other governing law or ordinances. (b) Exception for Outside Collectors:This ordinance shall not) prohibit collectors of refuse from outside of the city from hauling such refuse over city streets en route .to a duly designated disposal site, provided such collectors comply with the provisions of this Ordinance and with any other governing law or ordinances. SECTION 4. COLLECTION SUPERVISED BY CITY ENGINEER: All refuse accumul in the city shall be collected, conveyed and disposed of by the city or by duly licensed persons under the supervision of the City Engineer. The City Engineer 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. (a) Appeals: Any private licensed collector or person aggrivated by.a regulation of, or fee charged by, the City Engineer 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. - 2 - 319 SECTION 5. PRECOLLECTION REGULATIONS: . (1) Exclusions: Refuse, as defined in Section 2, 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 or other like debris. (2) Preparation of Refuse: (a) Garbage: All garbage placed in garbage cans for collection shall be drained of all free liquid and shall be contained in water proof paper bags with the tops closed or securely wrapped in paper. (b) Rubbish: All rubbish shall be drained of liquid before being deposited for collection. (c) Ashes: All ashes shall be completely extinguished and placed and maintained in a separate container from other refuse. (d) Trimmings and Clippings: Tree trimmings, hedge clippings and similar material shall be cut to length not to exceed four (4) feet and securely tied in bundles not more than two (2) feet thick before being deposited for collection. ;Lawn trimmings may be placed in bags with tops closed, or cardboard boxes. (e) Cardboard: All empty cardboard boxes shall be broken down and tied in bundles not to exceed 50 pounds weight. (f) Magazines and Newspapers: All magazines and newspapers shall be tied in neat bundles of not more than 50 pounds in weight. (g) Hazardeous Items: Hazardeous items such as broken window glass, long flourescent lightbulbs, 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 refuse containers. (3) Containers: (a) Duty to provide and maintain in sanitary condition.: A sufficient number of refuse containers shall be provided by the owner, ' tenant, lessee, or occupant of the premises. All refuse containers - shall be maintained in good condition. Any container that does not conform to the provisions of thi¢ ordinance or that may have ragged or sharp edges or any other defect liable to hamper or injure the person collecting the contents thereof shall be promptly replaced by - 3 - 320. said person upon notice by the City Engineer The City Engineer shall have the authority to deny collection services to such person for failure to comply herewith. (b) Garbage and Rubbish: Garbage and rubbish containers, except for hopper -type, shall be water tight and be made of -light weight metal or plastic, equiped with suitable handles and securely fitting covers. (c) Capacity: Containers shall have a capacity of not more than 32 nor less than 20 gallons and�when full, shall weigh not more than 50 pounds. (d) Sanitation: Containers shall be kept in a clean, neat and sanitary condition at all times. (e) Ashes: Ashes containers shall be water tight and made of lightweight metal or plastic equipped with suitable handles and securely fitting covers and have a capacity of not more than 20 gallons and when full shall weigh not more than 50 pounds. All ash containers shall be clearly labled as containing ashes. (4) General: (a) All containers shall have the street address of the user's premises clearly painted on the outside. (b) Underground containers are prohibited. Existing under- ground containers may be retained but replacements, when made, shall be. above ground. .(c) Commercial and Industrial businesses generating enough or more, garbage to warrent use of five (5)/thirty two (32) gallon cans shall provide rear loading hopper -type Containers of sufficient size and number to adequately contain.all refuse for the period of time between scheduled collections'. Such containers shall be of standard commercial quality and be approved by the City Engineer. (d) Premises having four (4) or more individual living units shall provide rear loading hopper -type containers of sufficient size and number to adequately contain all refuse for the period of time between scheduled collections. Such containers shall be of standard commercial quality and be approved by the City Engineer. 4 - 321 (5) Exclusions: The following type containers are prohibited: (a) ' 55 gallon drums. (b) Other straight sided metal or paper drums used as containers for commercial products. (c) "G.I." garbage cans.. (d) Containers with lids which do not fit securely. (e) Other non-standard containers such as household garbage and waste receptacles, wheel barrows, wash tubs, etc. (6) Storing of Refuse: (a) Public places. No person shall place any refuse 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 City Engineer. Nor shall any person throw or deposit any refuse in or upon the banks of any stream or other body of water within the city, or upon or in any water course used by the city as a source of water supply. (b) Unauthorized accumulations. Any unauthorized accumulation of refuse on any premises is hereby declared to be a nuisance and is pro- hibited. Failure to remove any existing accumulation of refuse in violation hereof within thirty (30) days after the effective date of this ordinance shall be deemed a violation of this ordinance by the owner, lessee or occupant of said premises. (c) Scattering of Refuse. No person shall place, sweep or deposit anywhere within the city any refuse 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. (d) Placement of Containers. 1. Racks. Except when curbside service is provided, all refuse containers shall,be placed in a rack which will prevent the cans from being tipped qver by animals or winds. Racks shall be so constructed that containers therein will require no more - 5 - 322. . than two (2) feet vertical lift above normal ground elevation for removal. No obstruction shall be placed in front of the racks to hinder removement of cans. Container lids shall be secured to the rack or adjoining structures by cord or chain. Lids shall not be secured to, cans. 2. Protection from Elements. All refuse containers, racks and hoppers shall be kept free of snow and ice, grass, trees and bushes and be easily accessible for collection. Con- tainers shall be so located and lids kept securely fitted as to prevent water and ice from accumulating on or within the containers. (7) Points of Collection: (a) Location of Racks. Racks shall be placed on or near the property line but not less than ten (10) feet from the alley line. No obstructions or any structure shall be placed between the racks and the alley. In city blocks serviced by alleys, all residences; including those on split lots,. shall locate their racks and containers within ten (10) feet of the alley line, or protruding no more than two (2) ' feet into the alley on one side only. Curb side service shall not be provided in such blocks. (b) Curb -side Service. Curb -side service shall be provided only for city areas not serviced by alleys. All refuse containers set out for curb -side pickup shall be placed on the curb line prior to pickup time on scheduled day of pickup and removed the same day after pickup. (c) 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. SECTION 6. COLLECTION PRACTICES: ' (1) Frequency of Collection. The City Engineer shallestablish and publicize collection schedules for residential and commercial premises as the need therefor occurs. - 6 - 323 (2) Limitation on Quality. (a) Residential. The -,city shall collect a reasonable accumulation of refuse of each family during a collection period for the standard charge. (b) Commercial. The city shall collect a reasonable ' accumulation of refuse from commercial establishments during the collection period at a fair charge based upon the average volume. The City Engineer shall have the authority to refuse to collect unreasonable amounts or to make an additional charge for such amounts. (3) Special Refuse Problemg. Inflammable or explosive refuse, highly inflammable or explosive materials shall not be placed in containers or hoppers for regular collection but shall be disposed of as directed by the City Engineer at the expense of the owner or possessor thereof. (4) Collection by Actual Producers and Outside Collectors. (a) Requirement for vehicles. The actual producers of refuse or'the owners of premises upon which refuse is accumulated who desire personally to collect and dispose of such refuse, persons who ' desire to dispose of waste material not included in the definition of refuse and collectors of refuse from outside of 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 refuse from being blown, dropped or spilled therefrom. (b) Disposal. Disposal of refuse collected by persons so permitted.under subsection 4 above shall be made outside the city limits, unless otherwise specifically authorized by the City Engineer in writing. (c) Rules and Regulations. The City Engineer shall have the authority to make such other: reasonable regulations concerning individual collection and disposal relating to the hauling of refuse over city streets by outside collectors as he shall 'find necessary. (5) Refuse Property of City. Ownership of refuse material once collected by the city shall be vested in the city. - 7 - 324.. ,x SECTION 7. COLLECTION BY 'CONTRACT: (1) 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 refuse accumulated within the city. (2) Control of Contracts. Control of persons contracted to remove refuse within the city shall be as per contract documents and ' shall be administered by the City Engineer. SECTION 8. COLLECTION BY PRIVATE COLLECTORS. (1) Necessity of License. It shall be unlawful for any person, firm, or corporation to engage in any business involving the collection and removal of any refuse from anypremises within the city limits without first having obtained a license from the city. (2) Application for License. Application for a license to collect and remove refuse shall be made in writing at the office of the City Treasurer. The applicant shall, file with his application a certificate or affidavit of insurance as hereinafter set forth and shall pay the required license fee. Upon receipt of such application properly executed the City Treasurer.shall refer the_same to the City Engineer ' for review and approval prior to issuing the license. (3) Insurance. Applicants for refuse collection and removal licenses shall file proper evidence of insurance as may be required by the State of Montana. (4) Inspection by City Engineer. Upon notice from the City Treasurer that an application has been received, the City Engineer shall cause to be made an inspection of the applicant's equipment, pickup service to be provided, and method of operation; and if they meet the requirements herein specified, the City Engineer shall file his approval with the City Treasurer. (5) Issuance of License. Upon receipt of approval from the City Engineer, the filing of the proper certificates or affidavits of ' insurance and the payment of the license fee, the City Treasurer shall issue the applicant a license. All licenses shall expire on December 31st of the year of issue. - a 325 (6) Condition of Vehicles. All vehicles used in the transportation of refuse within the city shall be kept in a sanitary condition and shall be so constructed.as to prevent leakage in transit. Loading of vehicles shall be done in such a manner as to prevent spilling or loss of contents. On or after January 1, 1975 all persons licensed under the terms of this article shall use packer type trucks for normal collection purposes. (7) Frequency of Collections. Collections of refuse by such licensee shall be made at least once a week from each individual account. More frequent collections shall be made when required by the amount of refuse, accumulated or by agreement with.the specific account. The City Engineer will have the authority to require more frequent collections by the Licensee if reasons of sanitation and health require. (8) Condition of Refuse containers and hoppers. .All containers, racks and hoppers owned by the licensee or their customers shall be maintained in a clean and sanitary manner. Containers shall be covered and shall be kept in such condition as to prevent water from entering or refuse from spilling out between collections. Licensee's name shall be clearly printed on the side of each container. (9) Limitations of Service Provided. Licensees shall be limited to collections from commercial businesses within the commercially zoned districts of the city and other businesses as specifically auth- orized in writing by the City Engineer. All licensees shall file and maintain with the City Engineer's office a list of current accounts serviced and frequency of collections to each. No residential service shall be provided within the city except as authorized under Section 7 "Collection by Contract." (10) Revocation of License.., The city council may for repeated violations of the provisions of this article and/or upon recommendation of the City Engineer revoke, any license issued after notice and hearing to the person or persons effected. 9 - 326.._ SECTION 9. FEES FOR MUNICIPAL SERVICES: (1) The council shall, from time to time, establish a schedule of fees for refuse collection within the city as the needs may require. The City Engineer shall maintain such schedules and same shall be available, for public inspection at any reasonable time.' (2) Vacant Lots and Parking Lots. Owners of vacant lots and lots used for parking.purposes shall be assessed a standard charge under such schedule .as the council may direct. (3)Billings. Billing will be accomplished on a yearly basis through the Kalispell special assessments on the County Tax Notices. (4) Feeslf i,.sPrivate Collectors. Fees, for private collectors as authorized by Section 8, shall be set by the individual collector. Any control thereof shall be as stipulated in the rules and regulations of the Montana Railway Commission (MRC) as.they apply to the individual collectors MRC license. SECTION 10. PENALTIES: It shall be the duty of the City Engineer or someone duly appointed by him to administer this ordinance except as otherwise provided. .Written notices shall be issued and served 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 $5.00 and additional $5.00 for each such violation not corrected within each succeeding 15 days of notice. SECTION 11. ALLEY CLEANUP: (1) Authority. The City Engineer shall have the authority to schedule "Alley Cleanup" in spring and fall of the year or at such other times as the workload permits. Sufficient public notice shall be given to allow residents time to prepare refuse for pickup. (2) Rubbish to be Collected. Rubbish to be collected during "Alley Cleanup" shall consist of minor house wreckage, sod, grass, and garden trimmings, leaves, apples and other such rubbish from normal ' spring and fall home cleanup. (3) Areas to be Collected. All alleys within the city shall receive clean-up service. Areas not serviced by alleys shall receive curb -side clean-up on days specifically set by the City Engineer. 10 327 (4) Preparation of Rubbish. Rubbish placed for cleanup shall be contained.as the City Engineer may require. SECTION 12. SEVERANCE CLAUSE: If any section, sentence, clause or phrase of this ordinance is, for any reason, held to be unconstitu- ' tional or illegal, such decision shall not effect the validity of the remaining sections, sentences, clauses or phrases of this ordin- ance or of the ordinance as an entirety; it is the legislative intent that this ordinance shall stand notwithstanding the invalidity of such sections, sentences, clauses or phrases. SECTION 13. REPEAL OF CONFLICTING ORDINANCES: All provisions of Chapter II., Kalispell City Code, except Article III thereof and the ordinances of the city from which derived, and all other ordinances of the city in conflict herewith are hereby repealed. SECTION 14. EFFECTIVE DATE: This ordinance shall be in full force and effect on January 1 1973. ' PASSED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA, AND APPROVED BY THE MAYOR THIS 19th DAY OF November , 197 3 I, George Beardslea, City -Clerk of th City of lispell, Mo ana certify that on the 21st day of November 19 7 y of the foregoing 'ordinance n my office, and the same in posted riod of five days, and the foregoing is a true and correct cop o the ordinan s passed by the City Council. CS Cl Cify of Kalispell, Montana