HomeMy Public PortalAboutOrd. 912 - Waste Management ORDINANCE NUMBER 912
AN ORDINANCE OF THE CITY OF MCCALL, VALLEY COUNTY, IDAHO, ENACTING
A NEW CHAPTER 8 OF TITLE 5 TO BE ENTITLED SOLID WASTE COLLECTION AND
TRANSPORTATION OF THE MCCALL CITY CODE; AND PROVIDING AN EFFECTIVE
DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF MCCALL, IDAHO:
SECTION 1: That a new Chapter 8 of Title 5 entitled Solid Waste Collection and
Transportation,be, and the same is hereby enacted and shall read as follows:
Chapter 8
SOLID WASTE COLLECTION
AND
TRANSPORTATION
5.08.01 PURPOSES
5.08.02 DEFINITIONS
5.08.03 UNAUTHORIZED COLLECTION PROHIBITED
5.08.04 COLLECTION
5.08.05 Mandatory Bear Proof Container Rental
5.08.06 PENALTIES
5.08.07 EMERGENCY PROVISION
5.08.01: PURPOSE:
The purpose of this Chapter is to promote the general health, welfare, and safety of the people of
McCall; to prevent nuisances, the spread of disease and fire hazards; and to aid the people in
keeping the City safe, sanitary, and free from annoyances and nuisances. Furthermore, public
convenience and necessity require the regulation of Solid Waste collection and transportation for
hire over and upon the public ways within the City. Consistent with these purposes, the City
Council establishes standards and specifications for collection, transportation, and disposal of
Solid Waste within the corporate limits of the City. Ref. I.C. § 50-344.
5.08.02: DEFINITIONS:
In this Chapter, the following terms, phrases and words shall have the meanings given in this
section.
ASHES: The residue from the burning of wood, coal, coke or other combustible materials.
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Ordinance 912 Waste Management
April 25,2013
APPROVED WASTE MANAGEMENT CONTRACTOR: The Solid Waste collection and
disposal contractor that has entered into an agreement with the City for collection and disposal of
Solid Waste.
BULKY WASTE: Any single object of Solid Waste exceeding four feet (4') in length and forty
(40) pounds in weight including, but not limited to, stoves, refrigerators, water tanks, washing
machines, furniture and other waste materials, other than construction debris, dead animals,
hazardous materials or stable matter, with weights or volumes greater than those allowed for
cans or carts.
CITY: The City of McCall, Idaho, an Idaho Municipal Corporation.
CONSTRUCTION DEBRIS: Waste building materials resulting from a construction,
remodeling, repair or demolition operation, such as, but not limited to, mortar, plaster, scrap
lumber and wood shavings, with weights or volumes greater than those allowed for cans or carts.
CUSTOMER: Owner or manager of a business or manager of a multifamily residential complex
(Commercial Customer), or owner or lessee of a residential property(Residential Customer)who
has contracted with Approved Waste Management Contractor for Solid Waste collection,
transportation and disposal.
GARBAGE: Means and includes all animal and vegetable refuse from kitchens and other places
where food is prepared, all offal from fish, meat and vegetable markets, and all organic
substances unfit for food and subject to decay, specifically excluding dead animals.
HAZARDOUS MATERIALS: Any chemical, compound, mixture, substance or article which is
designated by the United States Environmental Protection Agency or appropriate agency of the
state to be "hazardous" as that term is defined by or pursuant to federal or state law.
EXCLUDED WASTE: Except as otherwise provided for in this Chapter, Excluded Waste means
and includes Bulky Waste, Hazardous Materials, dirt or earth debris from construction or lawn
renovation, rocks, stones, automobile bodies and parts, dead animals or animal carcasses, Stable
Matter, and Wastewater (sewage) and Recyclable Materials specifically segregated from other
Solid Waste for Collection.
RECYCLABLE MATERIALS: Newsprint, magazines, plastic containers, aluminum or other
metal cans, cardboard or other materials capable of being reprocessed into consumer materials,
or reused, and which have been segregated from other Solid Waste for collection.
REFUSE: All putrescible and nonputrescible solid or liquid wastes, except wastewater, whether
combustible or noncombustible, and whether required to be segregated pursuant to the Solid
Waste disposal regulations of the county's designated landfill, including garbage and rubbish.
RUBBISH: Means and includes all waste and refuse such as newspapers, magazines, wrappings
and other paper products, packing cases and materials such as straw, shavings, excelsior,
sawdust, and discarded clothing, metals, food containers, bottles, broken glass, ashes, lawn and
tree trimmings, cuttings, weeds and leaves from a residential property.
SOLID WASTE: Means and includes all useless, unwanted or discarded putrescible and
nonputrescible wastes which is not Excluded Waste as defined herein, unless such Excluded
Waste collection, transportation and disposal is requested by a Customer and specifically
accepted by the Approved Waste Management Contractor. "Solid Waste" includes, but is not
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Ordinance 912 Waste Management
April 25,2013
limited to, Garbage, Refuse, Rubbish, Ashes, Construction Debris, shrubs, grass and lawn
clippings, weeds, leaves, street cleanings, and other residential, commercial, industrial and
agricultural wastes. "Solid Waste", as defined in this section, excludes hazardous materials and
Recyclable Materials specifically segregated from other Solid Waste for Collection.
STABLE MATTER: All manure and other waste matter normally accumulated in or about a
stable, or any animal, livestock or poultry enclosure, and resulting from the keeping of animals,
poultry or livestock.
WASTEWATER: Water carried wastes from residences, commercial or industrial
establishments, business buildings and other premises, containing polluted matter subject to
treatment at the wastewater treatment plant.
5.08.03: UNAUTHORIZED COLLECTION PROHIBITED:
A. It is unlawful for any person to engage in the business of Solid Waste collection and
transportation for hire over and upon the public ways within the City, unless such person is
an Approved Waste Management Contractor. The exclusive privilege granted by this Section
shall not apply to collection, transportation and disposal of Excluded Waste, or where a
person handles, hauls, or transports Solid Waste or Recyclables generated by or from his/her
own residence, business or business operations for purposes of disposing of same at an
authorized disposal area or transfer station.
5.08.04: COLLECTION:
A. Exclusive Collection: Except for those items identified in section 5.08.04.B. of this Chapter,
the Approved Waste Management Contractor shall collect Solid Waste, from all Customers
within the City in conformity with the Approved Waste Management Contractor's agreement
with the City.
B. Items Excluded from City Collection: The Approved Waste Management Contractor shall
not be required to collect Excluded Waste from Customers. Excluded Waste may be
collected and transported over and upon the public ways within the City by the building
contractor, owner, or occupant of the premises, or pursuant to a special collection as
identified in subsection 5.08.04.C. of this Chapter.
C. Special Collections: The Approved Waste Management Contractor may provide for the
special collection from commercial and residential units of Excluded Waste, if requested and
paid for by the Customer and accepted by the Approved Waste Management Contractor.
D. Unauthorized Disposal of Solid Waste: It is unlawful for any person to dump, deposit or
place any garbage, refuse, waste, or rubbish on public or private property or in any garbage
container without the authorization of the owner or lessor.
E. It shall be unlawful to locate Solid Waste outside either a bear proof enclosure, or receptacle
approved by the City or provided by the Approved Waste Management Contractor with the
exception of bags of yard debris, such as lawn clippings, pine needles, cones, or shrub
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Ordinance 912 Waste Management
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trimmings. Tree trunks, large limbs, and similar heavy objects may be located outside of
receptacles so long as such items are cut or knocked down to sizes not exceeding four feet
(4') in length and forty (40) pounds in weight. Brush and tree trimmings shall be cut into
lengths for easy handling, secured, and placed in piles and covered to prevent the same from
blowing and being scattered about.
F. In the event that the County closes the recyclable collection station on Deinhard Blvd., behind
the Court Annex building, the City will identify one, or more, locations for the collection of
recyclables for use by businesses and residents.
G. Stable Waste: Stable Waste shall be accepted by the Approved Waste Management
Contractor only if such Stable Waste is secured in a plastic or paper bag, does not exceed
forty(40)pounds in weight, and is located within an approved bear-proof receptacle.
5.08.05: REQUIRED BEAR-PROOF CONTAINERS:
Within the city limits of the City of McCall each owner, lessor, or manager of commercial or
residential real property must lease a bear-proof Solid Waste container from the Approved Waste
Management Contractor. This Section shall not be construed to require more than one Container
per mailing address. Owners or managers of multifamily or multitenant properties may lease a
bear-proof Solid Waste container under this Section, and provide the same for all tenants who
will satisfy the requirements of this Section for a given property and occupants thereof. Any
container leased for a property pursuant to this section must be of sufficient size to reasonably
accommodate all Solid Waste created by the activities upon such property during a given one-
week period.
5.08.06: PENALTIES:
Any person, firm, partnership, association, corporation, company or organization of any kind,
including any owner, occupant, lessee or tenant of a premises, violating this Chapter shall be
deemed guilty of a misdemeanor and,upon conviction, shall be fined in an amount not exceeding
three hundred dollars ($300.00) or shall be imprisoned in the county jail for a period not
exceeding six (6) months, or be both so fined and imprisoned pursuant to the general penalty
provisions of Title 1, Chapter 3, of this Code. Each day such violation is committed, or permitted
to continue, may constitute a separate offense and may be punishable as such.
5.08.07: EMERGENCY PROVISION:
In recognition that the public health, safety and welfare may be endangered by any failure of the
Solid Waste collection, transportation and removal system, the City shall have the authority to
declare a public emergency, provided collection and transportation shall be interrupted for more
than ninety six (96) hours, and shall have the right to enjoin the Approved Waste Management
Contractor by action of the City Council to refrain from further interruption, and to immediately
resume continuing Solid Waste collection service which Approved Waste Management
Contractor has agreed to provide. The City shall notify the Approved Waste Management
Contractor and schedule a hearing at least twenty four(24) hours prior to enjoining the Approved
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Ordinance 912 Waste Management
April 25,2013
Waste Management Contractor as provided in this Section. Failure to comply with an injunction
under this Section may result in City contracting with third parties to collect and transport any
and all Solid Waste, and that such waste collection and transportation may, at the City's
discretion, occur in containers supplied or owned by contractor and leased to Customers.
Furthermore, Approved Waste Management Contractor may not interfere in any way with Solid
Waste collection by a third party under the Emergency Provision of this Section. Approved
Waste Management Contractor shall likewise reimburse the City for all reasonable costs incurred
in finding and Contracting with a third party to perform Solid Waste collection, transportation
and disposal pursuant to an emergency declared under this Section.
Section 2: If any provisions of this Ordinance shall be deemed illegal or unenforceable, such
determination shall not operate to invalidate the remaining provisions of this Ordinance.
Section 3: EFFECTIVE DATE: This Ordinance or a summary thereof shall be published once
in the official newspaper of the City, and upon its passage, approval and publication shall take
effect July 1, 2013.
PASSED AND APPROVED BY THE MAYOR AND COUNCIL OF THE CITY OF
McCALL, IDAHO, THIS 25 DAY OF APRIL,2013.
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* ASEAL _ Donald C. Bailey, Mayor P
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ATTEST:
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BessieJo 7'F?:City 'ler
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Ordinance 912 Waste Management
April 25,2013
A SUMMARY OF ORDINANCE NO.912
PASSED BY THE CITY OF McCALL,IDAHO
AN ORDINANCE OF THE CITY OF MCCALL, VALLEY COUNTY, IDAHO,
ENACTING A NEW CHAPTER 8 OF TITLE 5 TO BE ENTITLED SOLID WASTE
COLLECTION AND TRANSPORTATION OF THE MCCALL CITY CODE; AND
PROVIDING AN EFFECTIVE DATE.
This ordinance enacts a new Chapter 8 of Title 5 to be entitled Solid Waste Collection and
Transportation, of the McCall City Code. The new Chapter 8 provides for purposes, definitions,
unlawful collection of solid waste, collection process, mandatory bear-proof container rental,
penalties, and emergency provision, providing for the requirements and guidelines for regulating
and maintaining a solid waste collection and transportation business within the city of McCall.
The Ordinance upon its passage, approval, and publication shall take effect July 1, 2013.
The full text of the Ordinance is available for review at City Hall and will be provided by the
City Clerk to any citizen upon personal request, or can be viewed on the City website at
www.mccall.id.us.
APPROVED BY THE COUNCIL OF THE CITY OF McCALL, IDAHO, THIS 25 DAY OF
APRIL,2013.
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Approv-..
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* EA x = Donald C. Bailey, Mayor
ATTEST: cq N0
By :1!r�a►G -,: /. . .��' I
BessieJo W.g Per, City lerk
ORDINANCE SUMMARY CERTIFICATION
Ordinance No. 912
Certification of City Legal Advisor
of the Summary prepared
for the above-numbered Ordinance
The undersigned City of McCall Legal Advisor, having reviewed the above-
numbered Ordinance and the Summary for the above-numbered Ordinance, believes the
Summary of the above-numbered Ordinance is true and complete and that it provides
adequate notice to the public of the identity and principal provisions of the Ordinance.
Dated this 25 day of April, 2013.
William F. ichols