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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. Page 1 of 5 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 Page 2 of 5 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 Page 3 of 5 Ordinance 912 Waste Management April 25,2013 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 Page 4 of 5 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. M c,,, e•••• � ; � r'� * ASEAL _ Donald C. Bailey, Mayor P • O ATTEST: / 19„•11801%t BY: .r/.t1►.��kir t_/_ BessieJo 7'F?:City 'ler Page 5of5 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. • Approv-.. � tr iii c` S s •. * 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