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Home My WebLink About2004-026 Health & Sanitation - litter ORDINANCE NO. 2004- 26 AN ORDINANCE relating to Public Safety and Morals, amending the definition of htter to include waste less than or equal to one cubic foot in volume, excluding wastes from food preparation and construction, removing the penalty for waste greater than one cubic foot, and amending sections 6.86 020 and 6.86110 of the City of Yakima Municipal Code. BE IT ORDAINED BY THE CITY OF YAKIMA. Section 1 Section 6.86 020 of the City of Yakima Municipal Code is hereby amended to read as follows. "6.86.020 Definitions. As used in this chapter unless a different meaning clearly appears from the context the following words and phrases shall have the following meanings ascribed to them. (a) "Litter" means waste paper of every nature and all solid wastes less than or equal to one cubic foot in volume including, but not limited to, containers, packages, wrappings, printed matter or other material thrown or deposited as herein prohibited, :. . - . - : , - - . . - - • - . (b) "Litter bag" means a bag, sack or other container made of any material which is large enough to serve as a receptacle for litter mside a vehicle. (c) "Litter receptacle" means a container for the disposal of litter of not more than sixty gallon capacity; provided that special containers of larger capacity such as those referred to as "dumpsters," and garbage containers or other waste containers serving single or multi- family residences are not included within this definition and their use is in no way regulated or affected by this chapter (d) "Park" means a park, reservation, playground, recreation center or any other area in the city of Yakima devoted to active or passive outdoor recreation. (e) "Person" means any individual, industry, public or private corporation, copartnership, association, firm or any other entity whatsoever (f) "Public place" means any area used or held out for use by the public whether owned or operated by public or private interests. (g) "Solid waste" means all putrescible and nonputrescible solid* and semi -solid wastes including, but not limited to, garbage, rubbish, ashes, industrial waste, swill, demolition and construction wastes and discarded commodities. (h) "State regulations" means the regulations duly promulgated and adopted by the State Department of Ecology pursuant to Chapter 34.05 of the Revised Code Page 1 of 3 of Washington and codified or prepared for codification as part of the Washington Administrative Code. (i) "Vehicle" means every device capable of being moved on a street and in, upon or by which any person or property is or may be transported, excepting devices moved by human or animal power or used exclusively upon stationary rails or tracks." *A solid is a body the cohesion of whose particles is so strong that they move in a combined mass and retain their relative positions. Section 2. Section 6.86 110 of the City of Yakima Municipal Code is hereby amended to read as follows: "6.86.110 Penalty for violation. Any person convicted of violating any provision of this chapter shall be deemed to have committed an infraction. A person who litters • - .. . .. - . .. . ... .. . .. • .. shall be ordered to pay a fine of ninety -five dollars. • .:• .. Y.. - •• • • .. - • .. . cleanup fcc of twenty five dollars per cubic foot of litter. The court may, in •.' • . -. .... -- - .- . -.. :. -... Section 3 This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter Page 2 of 3 PASSED BY THE CITY COUNCIL, signed and approved this 20 day of April, 2004. C . (1 A A i Q- a-Ls-e--- ATTEST Paul P George, Mayor / „-- City Clerk Publication Date: 4 -23 -2004 Effective Date: 5 -23 -2004 Page 3 of 3 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No 1 2 For Meeting Of April 20, 2004 ITEM TITLE. Consideration of Ordinance Relating to Health and Sanitation, Enacting New Sections and Amending the Yakima Municipal Code, Chapter 4 16 and an Ordinance Relating to Public Safety and Morals, Amending Section 6 86 SUBMITTED BY Chris Waarvick, Director of Public Works Nancy Fortier, Refuse and Recycling Manager CONTACT PERSON/TELEPHONE. Nancy Fortier, 576 -6421 SUMMARY EXPLANATION Members of City Council requested staff to consider solutions to abate scattered refuse resulting from overflowing residential refuse bins The two attached Ordinances, relating to Health and Sanitation, amending the City of Yakima Municipal Code, Section 4 16 010, 4 16 020, 4 16 060, 4 16 120, 4 16 140 and enacting new section 4 16 025 relating to Illegal Dumping and 4 16 145 relating to Adequate Collection Required and relating to Public Safety and Morals, amending Section 6 86 020, 6 86 110 relating to litter and penalty for violation are being submitted Resolution Ordinance X Contract Other (Specify) Funding Source APPROVED FOR SUBMITTAL. City Manager er 9 STAFF RECOMMENDATION Staff respectfully requests the City Council pass the ordinances. BOARD /COMMISSION RECOMMENDATION COUNCIL ACTION (A) Ordinance passed. ORDINANCE NO. 2004-25 (re: illegal dumping) (B) Ordinance passed. ORDINANCE NO. 2004-26 (re: litter)