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
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industrial wastes.
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(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.
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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
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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
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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.
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(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
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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.
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(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.
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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.
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(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.
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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.
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(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