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Home My Public Portal AboutOrd. 921 - Title 5 AmendmentORDINANCE NUMBER 921 AN ORDINANCE OF THE CITY OF McCALL, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, VALLEY COUNTY, IDAHO AMENDING TITLE 5 CHAPTER 8 OF THE McCALL CITY CODE, TO PROVIDE FOR AMENDMENTS TO SECTION 5.8.020 — DEFINITIONS TO DELETE AND/OR ADD LANGUAGE TO CERTAIN DEFINITIONS AND TO AMEND SECTION 5.8.040 (B) AND (E) — COLLECTION TO PROVIDE FOR COLLECTION OF CERTAIN EXCLUDED ITEMS AND TO ALLOW THE CITY MANAGER TO APPROVE NON -BEAR PROOF CONTAINERS IN LIMITED CIRCUMSTANCES, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City and the Approved Waste Management Contractor have amended the Solid Waste Franchise Agreement to permit collection of certain excluded items from properties in the City of McCall; and WHEREAS, the City finds it is necessary to amend Chapter 8 of Title 5 to avoid conflict between the City Code and the approved Solid Waste Collection Franchise Agreement. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF McCALL, IDAHO, AS FOLLOWS: SECTION 1. That section .020 DEFINITIONS of Chapter 8 of Title 5 of the McCall City Code, be, and the same is hereby amended to read as follows: 5.8.020: DEFINITIONS: 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. ASHES: The residue from the burning of wood, coal, coke or other combustible materials. 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. Page 1 of 4 Ord. No 921 Title 5 Amendment April 10, 2014 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 multi -family 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. EXCLUDED WASTE: Except as otherwise provided for in this chapter, excluded waste means and includes bulky waste, construction debris, 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. 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. 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 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. Page 2 of 4 Ord. No 921 Title 5 Amendment April 10, 2014 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. (Ord. 912, 4-25-2013, eff. 7-1-2013) SECTION 2. That section .040 (B) and (E) COLLECTION of Chapter 8 of Title 5 of the McCall City Code, be, and the same is hereby amended to read as follows: 5.08.040: COLLECTION: 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 the approved waste management contractor, a third -party contractor or subcontractor, the owner, or occupant of the premises or pursuant to a special collection as identified in subsection 5.08.04.C. of this Chapter. E. Items Located Outside Of Receptacles: 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 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. Upon application to the city manager, or his/her designee, solid waste that does not include garbage, food, or other waste that attracts animals and which, because of weight, bulk or content, does not fit into a customer's bear proof container or into the opening for the same, may be permitted to be placed in a non -bear proof container or outside and adjacent to the bear proof container so long as it does not constitute an attractive nuisance to minors or animals. The city manager or his/her designee shall have broad discretion to determine whether to grant or deny such application. SECTION 3. That this Ordinance shall take effect upon its passage and publication. SECTION 4. 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. Page 3 of 4 Ord. No 921 Title 5 Amendment April 10, 2014 PASSED AND APPROVED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL, IDAHO, THIS 10 DAY OF APRIL, 2014. BY: ATTEST: BY: BESSIEJO NER, QI`TY ("LERK Ord. No 921 Title 5 Amendment April 10, 2014 APPROVED: Page 4 of 4 A SUMMARY OF ORDINANCE NO.921 PASSED BY THE CITY OF McCALL, IDAHO AN ORDINANCE OF THE CITY OF McCALL, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, VALLEY COUNTY, IDAHO AMENDING TITLE 5 CHAPTER 8 OF THE McCALL CITY CODE, TO PROVIDE FOR AMENDMENTS TO SECTION 5.8.020 — DEFINITIONS TO DELETE AND/OR ADD LANGUAGE TO CERTAIN DEFINITIONS AND TO AMEND SECTION 5.8.040 (B) AND (E) — COLLECTION TO PROVIDE FOR COLLECTION OF CERTAIN EXCLUDED ITEMS AND TO ALLOW THE CITY MANAGER TO APPROVE NON -BEAR PROOF CONTAINERS IN LIMITED CIRCUMSTANCES, AND PROVIDING AN EFFECTIVE DATE. This ordinance provides in section 5.8.020 for the deletion of language pertaining to construction debris in the definitions of Bulky Waste and Solid Waste, and adds the construction debris language within the definition of Excluded Waste and also deletes language within this definition by removing within the last sentence the last eight words "segregated from other solid waste for collection". This ordinance also provides in section 5.8.040 to permit collection of certain excluded items from properties in the city of McCall and grants authority to the City Manager to approve non -bear proof containers in limited circumstances and for non-food, non-putrescible solid waste only. This ordinance is effective immediately after its passage and publication as required by law. 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 10 DAY OF APRIL, 2014. Approved: ATTEST: By BessieJo agner, Ci Clerk Ordinance 921 Summary April 10, 2014 ORDINANCE SUMMARY CERTIFICATION Ordinance No. 921 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 10 day of April, 2014. �-�_% illiam F. Nich is Publisher's Affidavit of Publication STATE OF IDAHO .SS County of Valley I, Kim C. Drake, being duly sworn and say, I am the receptionist of The Star -News, a weekly newspaper published at McCall, in the County of Val- ley, State of Idaho; that said newspaper is in general circulation in the county of afore said and is a legal newspaper; that the PUBLIC NOTICE, a copy of which is enclosed hereto and is a part hereof, was published in said newspaper once a week for a period of one week in the regular and entire issue of every number there of during the period of time of publication, and was published in the newspaper proper and not in a supplement; and that publication of such notice began April 24, 2014 and ended April 24, 2014. Subscribed a d sworn before me this the 24th day of April, 2014. STATE OF IDAHO COUNTY OF VALLEY On this 24th day of April in the year of 2014, before me, a Notary Public, personally appeared Kim C. Drake, known or identified to me to be the person whose name subscribed to the within instrument, and being by me first duly sworn, declared that the statements therein are true, and acknowledged to me that she executed the same. �`osso G i,„44op Ma Tom Grote Notary Public for Idaho Residing at McCall, Idaho Commission Expires 2/8/18 A SUMMARY OF ORDINANCE NO.921 PASSED BY THE CITY OF MCCALL, IDAHO AN ORDINANCE OF THE CITY OF McCALL, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, VALLEY COUNTY, IDAHO AMEND- ING TITLE 5 CHAPTER 8 OF THE McCALL CITY CODE, TO PROVIDE FOR AMENDMENTS TO SECTION 5.8.020 — DEFINITIONS TO DELETE AND/OR ADD LANGUAGE TO CERTAIN DEFI- NITIONS AND TO AMEND SECTION 5.8.040 (B) AND (E) — COLLECTION TO PROVIDE FOR COL- LECTION OF CERTAIN EXCLUDED ITEMS AND TO ALLOW THE CITY MANAGER TO APPROVE NON -BEAR PROOF CONTAINERS IN LIMITED CIRCUMSTANCES, AND PROVIDING AN EFFEC- TIVE DATE. This ordinance provides in section 5.8.020 for the deletion of language pertaining to construction debris in the definitions of Bulky Waste and Solid Waste, and adds the construction debris language within the defini- tion of Excluded Waste and also deletes language within this definition by removing within the last sentence the last eight words "segregated from other solid waste for collection'. This ordinance also provides in section 5.8.040 to permit collection of certain excluded items from properties in the city of McCall and grants au- thority to the City Manager to approve non -bear proof containers in limited circumstances and for non-food, non-putrescible solid waste only.This ordinance is ef- fective immediately after its passage and publication as required by law. The full text of the Ordinance is avail- able 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 10 DAY OF APRIL, 2014. Approved: By JACKIE J. AYMON, Mayor ATTEST: By BessieJo Wagner, City Clerk. Itc4/24