HomeMy Public PortalAbout1999_04_13_O009 Amending the Town Code regarding Refuse CollectionThe Town of
Leesburg,
Virginia
ORDINANCE NO.
AN ORDINANCE:
PRESENTED April 13, 1999
99-0-09 ADOPTED April 13, 1999
AMENDING CHAPTER 8 OF THE LEESBURG TOWN CODE TO ADD
REFUSE COLLECTION ON FRIDAY IN A LIMITED AREA OF THE
HISTORIC DOWNTOWN DISTRICT
WHEREAS, the Historic District of the downtown area is becoming increasingly popular
and tourist oriented; and
WHEREAS, the Downtown Committee of the Leesburg Economic Development
Commission met to discuss enhancing the experience of visitors to the Historic District; and
WHEREAS, commercial refuse is collected townwide three times per week on Tuesday,
Thursday and Saturday; and
WHEREAS, concerns were expressed regarding the unsightly conditions within a portion
of the Historic Downtown area created by the present practice of placing refuse at the curb on
Friday nights for Saturday morning collection; and
WHEREAS, it was determined that by providing an additional collection on Friday
morning in a limited area on designated streets within the Historic Downtown area, together with
the pledged cooperation of business owners within the designated area not to place refuse at the
curb for Saturday morning collection until 9:00 p.m. Friday night, the experience of visitors to the
area could be enhanced; and
WHEREAS, the designated is described as follows:
Market Street, from Liberty Street east to Loudoun Street
Loudoun Street, from the fire station east to Market Street
King Street, from South Street to North Street
Wirt Street, from Loudoun Street to Market Street; and
WHEREAS, the increased cost to the town for the added collection within the designated
area on Friday mornings will be $750 per month, or $9,000 annually.
THEREFORE, ORDAINED by the Council of the Town of Leesburg, as follows:
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AN ORDINANCE: AMENDING CHAPTER 8 OF THE LEESBURG TOWN CODE
SECTION I. Sec. 8-1. Purpose of chapter.
The purpose of this chapter is to provide regulations for the effective storage, collection,
recycling, and disposal of garbage and refuse in a sanitary manner in the tom.
SECTION II. Sec. 8-2. Administration of chapter.
The municipal manager is hereby delegated the authority to administer this chapter and is
authorized to establish such reasonable rules and regulations as are needed to administer this
chapter.
SECTION III. Sec. 8-3. Violations of chapter.
Except as otherwise provided, any person who violates any provision of this chapter, by
doing any act prohibited or declared to be unlawful, or who falls to do any act required by any such
provision, or who fails to do any act when such provision declares such failure to be unlawful, upon
conviction thereof, shall be fined not less than $10.00 nor more than $35.00 for each offense. A
separate offense shall be deemed committed on each day during or on which a violation occurs or
continues.
SECTION IV. Sec. 8-4. Definitions.
For the purposes of this chapter, the following words and phrases shall have the meanings
respectively ascribed to them by this section:
Garbage: Wastes resulting from the handling, preparation, cooking and
consumption of food and wastes from the handling, storage and sale of produce.
Municipal collectors: Persons employed by the town, or the contracted agent for
the town, engaged in the collection and transportation of refuse, garbage, and
recyclable materials.
Private collectors: Persons engaged in the collection and transportation of refuse
and garbage from commercial, industrial, institutional or other establishments for
compensation, not including the collector contracted by the town.
Recyclable Material: Those commodities which, having served their original
purpose, have physical or chemical properties that allow them to be transformed
into new products, and are designated by the town to be separated and collected on a
schedule as designated by the town.
Refuse: Combustible trash, including, but not limited to, paper, cartons, boxes,
barrels, wood, excelsior, tree branches and yard trimmings; noncombustible trash,
including, but not limited to, metals, tin cans, glass, crockery and other mineral
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AN ORDINANCE: AMENDING CHAPTER 8 OF THE LEESBURG TOWN CODE
waste; and street rubbish, including but not limited to, street sweepings, dirt, leaves,
catch-basin dirt and the contents of litter receptacles. "Refuse" shall also mean
furniture, springs, mattresses, stoves, ranges, refrigerators, dishwashers, dryers, tires,
water heaters, toys, porcelain, carpeting tied in bundles of not more than three
square feet cross-sectional area, whole christmas trees and similar household
commercial and institutional wastes. "Refuse" shall not include earth and wastes
from building operations, nor shall it include solid wastes resulting from industrial
processes and manufacturing operations.
Storage area: An enclosed area on private property of a commercial, industrial,
institutional or other establishment used for the storage of garbage or refuse.
SECTION V. Sec. 8-5. Container requirements for residences.
(a) Refuse and garbage from residences shall be stored in containers approved by
the municipal manager, equipped with handles and tight-fitting covers. Non-
recyclable refuse may be placed in plastic bags.
(b) Approved containers required by this section shall have a maximum gross
weight of 75 pounds, when placed for collection. Plastic bags, when placed for
collection, shall not be filled to such a weight that they will break or allow spillage
during the collection process, and shall be tightly secured at the top.
SECTION VI Sec. 8-6. Containers and storage areas for commercial establishments.
(a) Each commercial establishment shall be equipped with adequate refuse
containers or storage areas. All containers, except those for storage of bulky refuse,
shall be vermin and waterproof, of noncorrosive material and equipped with tight
lids which shall be kept closed at all times, except when filling or emptying the
container. Such containers and storage areas shall be emptied regularly and cleaned
sufficiently often to keep them free of obnoxious odors and vermin.
(b) All storage areas shall be enclosed by adequate walls or opaque fencing and
shall be well drained and fully accessible to collection equipment and to public
health and fire inspection personnel. Such areas shall be maintained so as to protect
refuse from dispersal by wind or otherwise, and must be kept free of litter and refuse
overflow.
SECTION VII.Sec. 8-7. Municipal collection generally.
(a) All refuse and garbage placed in accordance with subsection 8-16(a) shall be
collected by the municipal collector if prepared for collection as required by this
chapter. Commercial and condominium garbage and refuse containerized collection
service shall be provided by the municipal collector under the following conditions:
(1)
Where a business elects to purchase containerized garbage and
refuse collection service from the municipal collector in lieu of
regular curbside municipal collection, the town shall make a
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AN ORDINANCE: AMENDING CHAPTER 8 OF THE LEESBURG TOWN CODE
monthly payment to the municipal collector in an amount equal to
the regular commercial curbside charge. The municipal collector's
charge for containerized collection to the business shall be reduced
by the town's monthly payment.
(2)
Where a combination of businesses use one or more containers and
the total charge by the municipal collector results in a monthly fee
less than the combined total of the municipal collector's regular
curbside commercial collection fee per business, the town shall pay
the full monthly price for the container or containers directly to the
municipal collector. If the container service charges are higher than
the aggregate of the regular curbside collection charges, the town
shall pay the curbside rate per business to the municipal collector
who shall reduce its charges for the container or containers by an
equal amount.
(3)
Where residential condominiums include limited public frontage
which make curbside collection impractical, the town shall require
the municipal collector to collect garbage and refuse from containers
furnished by the municipal collectors. The town shall pay the full
applicable container service price set out in the then current contract
between the town and the municipal collector.
(4)
The town reserves the right to establish and/or approve the container
size, frequency and number of collections for all business and
condominium usage subsidized by the town.
(b) The town manager or some other officer designated by him shall have charge of
the collection of garbage and refuse within the municipality.
SECTION VIII. Sec. 8-8. Reserved.
SECTION IX. Sec. 8-9. Requirements for collection vehicles.
All vehicles used in the collection of refuse shall be kept and maintained in a clean and
sanitary condition, and shall be constructed, maintained and operated as to prevent spillage of the
type of refuse to be transported therein. All vehicles used in the collection of garbage or combined
refuse shall be constructed and maintained with watertight bodies and with covers of metallic or
other rigid, impervious material, or, in the alternative, the entire bodies thereof shall be enclosed,
with only loading hoppers exposed. Special vehicles used in new or experimental methods of
refuse collection may be permitted by the municipal manager, when such permit is in writing.
SECTION X. Sec. 8-10. Reserved.
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AN ORDINANCE: AMENDING CHAPTER 8 OF THE LEESBURG TOWN CODE
SECTION XI. Sec. 8-11. Preparation of tree trimmings, bushes and brush for
collection.
Tree trimmings, bushes, and brash, excluding those produced by commercial trimming of
trees and bushes, with a maximum diameter of six inches, will be collected weekly by the
municipal collectors.
SECTION XII.Sec. 8-12. Collection schedule.
(a) Refuse and garbage will be collected by the municipality once per week from
residential properties on the following schedule:
(1)
Monday: Collection from residential properties fronting on King
Street and properties to the west of King Street.
(2)
Tuesday: Collection from residential properties to the east of King
Street.
(b) Recyclable materials will be collected by the municipality once per week from
residential properties on the following schedule:
(1) Tuesday: Collection of bulk tree trimmings, bushes and brash townwide.
(a)
The municipal office shall be notified no later than
4:00 P.M. on Monday of each week to arrange for the
collection of such materials each Tuesday.
(2)
Thursday: Collection from residential properties fronting on King
Street and properties to the west of King Street.
(3)
Friday: Collection from residential properties to the east of King
Street.
(c) Garbage and refuse will be collected by the municipality from all commercial properties
on Tuesday, Thursday and Saturday of each week,, and as provided as follows:
(1) Upon the streets, within the limits designated below, garbage and refuse will also be
collected on Friday of each week, except on the holidays designated in Section XII,
paragraph (3)(d) hereof.
Market Street, from Liberty Street east to Loudoun Street
Loudoun Street, from the fire station east to Market Street
King Street, from South Street to North Street
Wirt Street, from Loudoun Street to Market Street
(d) No garbage and refuse collection will be scheduled for Sundays or the following
holidays: New Years, Memorial Day, July 4th, Thanksgiving and Christmas.
AN ORDINANCE:
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AMENDING CHAPTER 8 OF THE LEESBURG TOWN CODE
(e) When weather conditions prevent the collection of garbage and refuse or when a
regularly scheduled day falls on a holiday specified above, collection will be made on the next day.
SECTION XIII. Sec. 8-13. Special collections for large items.
For collection of, large items of refuse such as barrels, wood, stoves, ranges, refrigerators,
dishwashers, dryers, tires and water heaters, excluding any items listed under Section 18 hereof, the
municipal office shall be notified no later than 4:00 p.m. on Friday of each week, so that a special
pickup may be arranged for a day of the following week to be designated by the manager. A
separate charge, to be established by the municipal manager, will be made for each such special
collection, provided that regular refuse collection service to any residence or commercial
establishment for which such special collection is performed will be suspended if payment therefor
is not made within 30 days of receipt of invoice for such collection.
SECTION XIV. Sec. 8-14. Special collections for spring and fall clean-up.
In the spring and fall of each year, the municipality will sponsor a clean-up and collection
period during which large discarded items, yard litter, and the like will be picked up by the
municipal collectors. Specific dates for such periods shall be set by the municipal manager and
advertised through the news media. No charge will be rendered for this service to residents of the
municipality.
SECTION XV. Section 8-15. Recycling.
Residents of all single-family detached and single-family attached (duplex and townhouse)
residential units shall participate in the town-wide curbside recycling of recyclable materials.
Recyclable materials will be picked up at curbside and shall be placed at the curb, between 4 p.m.
on the day preceding collection and 6 a.m. on the morning of collection, in approved containers,
separate from other refuse. Newspapers shall be securely tied in bundles or placed in paper bags.
Grass clippings shall be placed in approved containers equipped with handles for lifting and tightly-
fitting lids, not exceeding 75 pounds in gross weight.
There shall be no charge to the town residents required to participate in this program, for
this additional service. All other town residents and businesses, not included in this program or
covered under a separate recycling contract with a private collector, should continue to utilize
recycling drop-off centers to dispose ofrecyclable materials.
SECTION XVI. Sec. 8-16. Points of collection.
(a) All refuse and garbage to be collected by the municipal collectors shall be placed out-
of-doors immediately behind the curbline (in case no curbing is present, at least three feet away
from the edge of the pavement) at a location easily accessible to the collector. At no time will any
refuse or garbage or its containers be placed on pavement used for vehicular traffic or on the
sidewalk or on any other portion of a street where it will impede vehicular or pedestrian traffic. All
refuse and garbage from the same property shall be placed at the same point of collection.
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AN ORDINANCE: AMENDING CHAPTER 8 OF THE LEESBURG TOWN CODE
(b) Collection may be made from points other than prescribed above in areas where the
general health, welfare and safety of the municipality is best protected, but only upon written
request by the property owner or tenants and approval by the municipal manager. The municipality
retains the right to refuse, revise or alter such requests at any time.
(c) No municipal collector will be permitted to enter garages, carports, porches, basements
or other buildings for the purpose of collecting garbage and refuse.
(d) The municipality reserves the right to designate the point of collection at all locations.
SECTION XVII. Section 8-17. Placement for collection; removal of containers after
collection.
All garbage and refuse shall be placed at the point of collection by 4:00 a.m. of the day of
collection, but not before 4:00 p.m. of the day prior to collection.
(b) Garbage and refuse containers shall not be placed, left or stored upon any sidewalk,
street, alley or public place, except where specifically permitted bY this chapter, and shall be
removed from the curbline within twelve hours after collection and stored behind the front line of
the building.
SECTION XVIII. Section 8-18. Materials not acceptable for collection.
The following materials will not be acceptable for collection by the town: Poisons, acids,
caustics, explosives and other dangerous material, soil, rocks, stumps and other material substances
that may accumulate as the result of constmction or repairs.
SECTION IXX. Section 8-19. Tagging and removal of defective containers.
Defective garbage and refuse containers will be tagged by the town collectors, indicating
that they are no longer suitable for use. These will be removed by the collectors, if left in an upside
down position at the collection point.
SECTION XX. Section 8-20. Unlawful deposits, accumulations or disposal.
(a) It shall be unlawful for any person to deposit any garbage or refuse in any street, alley
or public or private place in the town, except as provided in this chapter.
(b) It shall be unlawful for any person to accumulate or permit to be accumulated any
garbage, or refuse, filth, offal or obnoxious or offensive matter on any property within the town,
except in containers or storage areas meeting the requirements of this chapter.
(c) It shall be unlawful for any person to deposit any refuse in a manner where it may be
scattered by the elements.
(d) It shall be unlawful for any person to dump, destroy or otherwise dispose of any
garbage or refuse anywhere in the town, except as provided by this chapter.
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AN ORDINANCE: AMENDING CHAPTER 8 OF THE LEESBURG TOWN CODE
(e) No receptacle for garbage or refuse shall be filled more than level full.
SECTION XXI. Section 8-21. Removal of dangerous accumulations.
(a) The owners of property in the tom shall, at such time or times as the council may
prescribe, remove therefrom any and all trash, garbage, refuse, litter and other substances which
might endanger the health of other residents of the town.
(b) Whenever the council deems it necessary, the town may, after reasonable notice, have
trash, garbage, refuse, litter and other like substances which might endanger the health of other
residents of the town removed by the agents or employees of the town, in which event the cost or
expenses thereof shall be chargeable to and paid by the owners of such property and may be
collected by the town as taxes and levies are collected·
SECTION XXII. Section 8-22. Dumping trash, etc., on highway, right-of-way or
private property.
(a) Any person shall be guilty of a misdemeanor who shall dump or otherwise dispose of
trash, garbage, refuse or other unsightly matter, on a public highway, right-of-way, property
adjacent to such highway or right-of-way, or on private property, without the written consent of the
owner thereof or his agent.
(b) An officer may comply with the provisions of section 10-21 of the Town Code in
making an arrest for a violation of this section.
(c) Any person convicted of a violation of this section shall be punished as if guilty of a
class 1 misdemeanor.
(d) Upon the conviction of any person for a violation of this section, the court may suspend
the imposition of any sentence on conditions that the defendant volunteer his services for such
period of time as the court may designate to remove litter from any town highway or right-of-way.
SECTION XXIII. This ordinance shall be effective April 23, 1999.
PASSED this 13~ day April, 1999.
Jagfes E. Clem, Mayor
T~)wn of Leesburg