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HomeMy WebLinkAbout1953-B-1511 550 } ' ev. /523 ORDINANCE NO. B -1511 REPEALED �l+"' ORDINANCE Y*3[). AN ORDINANCE relating to public health and sanitation; providing for and regulating the collection and disposal of garbage, refuse and dead animals in the City of Yakima; regulating the operation of the City Dump and collection service; creating a special fund and providing for the payment of monies into said fund; providing penalties for the violation hereof; and repealing all ordinances and parts of ordinances in conflict herewith. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. The following definitions shall be used in interpreting this ordinance A. REFUSE: All sweepings, cleanings, trash, rubbish, litter, garbage, industrial or domestic wastes; organic wastes or residue of animals sold as meat, fruit or other vegetable matter from kitchens, dining room, markets or places dealing in or handling meats, fowls, fruits, grain or vegetables, ases and cinders, offal, animal excreta, the carcasses of animals, tree or shrub trimmings, dirt, wood, stone, brick, plaster or materials resulting from the demolition, alteration or construction of buildings or stru- ctures, accumulated waste materials or substances which may become nuisances. B. PREPARED GARBAGE: Waste material from kitchens, dining rooms and similar places from which liquids have been drained and solid matter wrapped in paper. C. RAW GARBAGE: Swill, not as prepared in B. D. TRASH: Waste material containing no putrid matter. E. ASHES: Residue reslulting from the combustion of coal, coke or wood in domestic industrial or commercial stoves, furnaces or boilers. Section 2. It shall be unlawful for any person, firm or corporation to throw, place or scatter any garbage, rubbish, ashes, trash or other refuse, over or upon any premises, street or alley, either public or private, or adjacent thereto, and either with or without the intent to later remove or burn the same; or to suffer or permit, from the accumulation of refuse, any premises owned, occupied or controlled by such person, firm or corporation to become or remain offensive, unsanitary, unsightly, unsafe to public health, or hazardous to fire. Section 3. It shall be unlawful for any person, firm or corporation to store or permit the storage of refuse on or about the premises occuipied by them unless such refuse is kept in those certain containers hereinafter provided. Section 4. It shall be unlawful for any municipal employee to collect or remove at city expense any refuse from the premises of any person, firm or corporation, or tenant thereof, unless such premises are equipped with those certain containers hereinafter pro- vided for, and unless such refuse is kept and stored in such containers. Section 5. All employees operating vehicles or collecting refuse and garbage, shall at all times be courteous and shall not use profane language, nor be loud or boisterous. The driver of a garbage truck shall at all times be in complete charge of the crew on said truck and is responsible for the collection of all garbage and refuse on his assigned route. Section 6. Employees in collecting garbage and refuse will be required to follow the regular walk for pedestrians or driveways as nearly as practicable while on private property, and due care shall be exercised that there is no unnecessary trespassing or damage to private property, including flowers, shrubs and other palantings. After dunping the cans, employees shall return them to the same location from which they were taken and replace the covers. The area adjacent to cans shall be left free from any garbage or refuse spilled during the collection. This section shall not be interpreted to mean that the dollect;ors are responsible for cleaning up unsanitary conditions about the refuse cans caused by carelessness of the tenant or occupant. Care shall be taken by employees to prevent damage to cans by rough handling. Section 7. Employees shall not be required to expose themselves to the danger of being bitten by dogs in order to accomplish refuse collection in any case where the owner or tenant has such an animal at large. Section E. After loading trucks, employees shall leave all alleys and streets in a clean, sanitary condition. No refuse shall be permitted to drop from any truck in or on any public ways of the City. Collection vehicles must not at any time be driven over streets or highways in an overloaded or crowded condition. Collections must be made as quietly as possible, especially in the early morning hours. Section 9. It shall be unlawful for any person, firm or corporation, in the resider. - tial classification as hereinafter classified, to dispose of or store garbage in refuse containers unless such garbage has been prepared for collection, removal and disposal, andcomplies with the definition of "prepared garbage ", as set out in this ordinance; c._ except, however, that fruit and vegetable wastes, resulting from canning, preserving, or pickling operations, which contain a high moisture content and are not susceptible to ready draining, shall be deposited as near as possible with ashes or other refuse of a dry nature. Section 10. (A.) For the purposes of regulating the collection of garbage and refuse in the City of Yakima, there are hereby established two classifications: One to be known as the "Residential Classification ", and the other as the "Business Classificat- ion". The Residential Classification shall include all premises occupied as a single family housekeeping unit, either in dwelling houses, apartments, or other multipleresid- ences. "Residential Units" as used herein, is defined as a unit in which all persons reside together as a single family, whether in single or multiple dwellings. The Business Classification shall include all other premises. (B.) The collection of all refuse in the Business Classification shall be made only by licensed collectors, hereinafter provided for, at rates to be agreed upon between such collector and the business houses served by him; Provided, however, that swill, as defined by Ordinance No. B -1207, passed and approved April 21, 1930, may be collected from business houses in the manner in said ordinance provided. (Continued on page 551.) 551 ORDINANCE NO. B -1511 REPEALED BY ORDINANCE Gt10. !S � (Continued from page 550) (C.) The collection of all refuse in the Residential Classification shall be a service conducted by the City of Yakima equipment and personnel, and financed by a garbage and refuse collection fee. (1) There is hereby imposed for garbage and refuse collection service in the residential classification, the following charges based on the number of residential units carried under the same account number and street address as for Water Department metered - services, and providing the garbage cans are centrally located together in one place: $1.00 for first residential unit per month .75 for second additional residential unit per month .50 for third additional residential unit per month .25 for any addieional residential units per month which charges shall be paid bi- monthly in advance to the City Measurer of the City of Yakima. There is hereby imposed a further charge of 50¢ which shall be added to all accounts delinquent. Accounts shall become delinquent if not paid on or before the 10th day following date of billing. There will be no discounts allowed on multiple units for vacancies, at this rate. All charges will be based on the total number of residential units in the apartment house or multiple dwelling that can be used for houskeeping purposes. (2) Collection service may be suspended for non - payment of such accounts, but such suspension shall not relieve the person owing such account from the duty of complying with the provisions of this or other ordinances pertaining to garbage, refuse or sanitation. Such supension of service shall render the premises where such collection service is suspended subject to condemnation for lack of sanitary requirements; and the owner or person in charge or possession of said premises shall be subject to prosedution for maintaining anuisance upon said premises. (3) The charges herein provided may suspended by the City of Yakima - upon written advance notice for a period of thirty (30) days or more, given to the Sanit- ation Department of an . intention to vacate any premises. Prior to the resumption of occupancy of such vacated premises, notice must be given to said Department, so that such collection service may be resumed. Applications for service shall be made at the office of the Sanitation Department upon printed forms to be provided by the Department, and shall contain the name of person receiving garbage collection_service, street address of property, and the number of units served. (D.) The Residential classification of refuse collection shall include the collec- tion of all refuse in reasonable quantities from private residences in the City of Yakima, and from all flats, duplexes, and apartment houses. "Reasonable quantities" shall be construed to mean the weekly accumulation of refuse from residences and yards, but shall not include trees or large limbs. Branches and shrubbery trimmings must be prepared and put in a neat and compact pile and placed in a location that is accessible to the collec- tors; (i.e. where there are no alleys, this material must be placed in front of the property at the curb, and where there are alleys, such material shall be kept on private property in an accessible location to such alley, without hindering or interfering with the normal traffice in the alley. Brush and trimmings must not be placed against any building or fence so as to constitute a fire hazard. City service does not include the collection of discarded fruit from trees, nor rubbish nor debris of any kind except in minor quantities, resulting from construction, alteration, demolition, remodeling, or landscaping of any property. Grass rakings, and rubbish must be in containers. Brush and leaves will be hauled from residential property in larger quantities during the Spring and Fall clean up months. Larger quantities shall be construed to mean not over three (3) cubic yards. Brush must be trimmed into lengths of not to exceed five (5) feet and shall not be more than 12 inches in diameter and placed in a compact pile either adjacent to the alley or on the parking strip, as the location warrants. Leaves shall be placed in compact piles or in containers, for accessible handling, in a location the same as that of brush or other refuse other than prepared garbage. (E.) The Business Classification of collection of garbage and refuse shall include all other collection than that mentioned in paragraph D next preceding. Section 11. Except as otherwise provided in this ordinance and in Ordinance No. A -1207, no refuse shall be disposed of otherwise than at the City Dump. No person shall collect any refuse other than City employees and licensed collectors as provided for herein and in said Ordinance No. A -1207; provided, that nothing in this ordinance shall prevent a person from hauling refuse accumulation from his own premises to the City Dump upon permit being first obtained from the Superintendent of the Sanitation Department and upon paying the fee required at said City Dump. Section 12. It shall be unlawful for any person to burn any refuse, except trash burned in a stove or furnace, in or upon any private property, street, or alley in the City of Yakima; provided, however, that refuse may be burned inside private buildings in an incinerator connected to a proper flue when such incinerator is so constructed as to consume completely such waste material without offensive residue or odor and when such incinerator bears the approval of the Fire Department of the City of Yakima. Section 13. There are hereby established the following rules and regulations pertaining to receptacles, preparation', and care of garbage by property owners or persons in control in the Residential District: (A)' The owner or person in charge of or in possession of any dwelling, flat, duplex, or apartment house in the Residential District shall at all times keep or cause to be kept portable metal cans for the disposal therein of garbage and refuse and shall deposit or cause to be deposited therein such garbage and refuse. (B) It shall be the duty of the owner or person in control of any dwelling, flat, dupies, or apartment house, to furnish to and see that his tenants are supplied with such cans as provided in this ordinance. (Continued on page 552_) X 552 Qdrat ORDINANCE NO. B-1511 (Continued from page 551) (C) Such cans shall be water tight, of not less than twenty (20) and not more than twenty -five (25) gallons capacity, shall have a handle at each side thereof, and tight fitting metal Yids. Such lids shall be removed only when necessary to place garbage and refuse in such cans, or to take same therefrom. Such cans shall be kept in a sanitary condition, with the outside thereof clean and free from accumulating grease and decomp- osing matter. In instances where there are small amounts of garbage and refuse, garbage cans of ten (10) gallons capacity may be used, provided that the number of cans of this type does not exceed two (2) in number per dwelling or household. (D) No garbage or refuse cans shall be kept or stored on any public alley or street in the Residential class. In blocks in which threr are alleys such garbage cans shall be kept on private property in a convenient and accessible location to such alley. In blocks in which there are no alleys, such receptables shall be placed on private property in such location as not to exceed one hundred (100) feet from the street and without interfering with the convenient, sightly, and sanitary enjoyment of such private property. (E) The owner or person in charge of such dwellings, flat, duplex, or apartment house shall maintain the place where said garbage cans are located in a clean and sanitary condition, and shall at all times prevent said cans from being upset or spilled by dogs or any sources whatsoever. Such cans shall be so secured as to render the same inaccess- ible to marauding animals. (F) All ashes, clinkers, bottles, metal scraps, tin cans, and glassware may be placed in the same can that is used for wrapped or prepared garbage. Grass clippings, rakings, leaves and rubbish that is not of a putrescuous nature may be placed in an open container, such as a wash tub or carton. (G) All garbage, before deposit in the container as hereinbefore provided for, shall be wrapped in paper or other material in such manner as to prevent, as nearly as possible, moisture from such garbage from coming in contract with the sides or bottom of the metal container. (H) It shall be the duty of every person in possession, charge or control of any dead animal, or of any premises on which the same may be located, to cause the same to be removed and disposed of. No person in charge of such premises shall suffer, permit or allow such animal to remain thereon for a period longer than twenty -four (24) hours. A charge shall be made by the City for the removal of such animals as follows: For cat, dog or other small animal, 50¢. Section 14. There are hereby established the following rules and regulations per- taining to the collection of garbage, refuse or debris in the Business Classification: (A)' No person shall collect any garbage -i. refuse or debris in the Business Classif- ication without first having obtained from the City of Yakima a license therefor. (B) The fee fro such license shall be the sum of $75.00 per year, which shall entitlei..the collector to one truck, and $50.00 per year for each additional truck used. (C) Applications for such license shall be made to ,the City Clerk upon forms to be provided by the City. Such license shall be issued for each individual truck used and shall include make, year, type, model and truck number. Said truck number shall be plainly marked on doors and tailgate of each truck. City license for each individual truck shall be carried on the vehicle at all times. No such license shall be granted untless the applicant therefor shall comply with the following requirements: {; (1) Applicant shall furnish a bond in the sum of Five Thousand ($5,000) dollars . with good sufficient sureties, to be approved by the City Clerk, conditioned upon the faithful compliance by applicant with the provisions of this ordinance. (2) All trucks of applicant shall be of the "dump" type, and beds thereof must be of metal construction and completely watertight. Truck beds must be kept clean and free of any accumulation of garbage or other refuse. (3) Applicant must have each truck manned by at least three (3) able- bodies men in Fire Zone No. 1 to the end that loading or unloading may be accomplished in the quickest possible time. (D) All licensed collectors in said Business Class, after loading trucks, must leave all alleys and streets in a clean and sanitary condition. Such collectors shall not permit any material to be dropped or spilled from said trucks in or upon any of the publicways of the City of Yakima. . (E) The charge for such collection in the Business Class shall be paid by the owner or person in charge of the place from which such garbage or refuse shall be removed. Such charge shall be as agreed upon between such person and such collector. Such collec- tor shall furnish to the City of Yakima a list of all of his accounts, frequency of collection and rates charged the customer by him. (F) The owner or person in control or charge of each building in the Business Class shall maintain upon his premises metallic cans of the same type as provided in section 13, paragraph C hereof for the deposit therein of all garbage and refuse. At the option of such person, trash only may be kept on the premises in any suitable receptacle capable of ready handling. Upon permit first being obtained therefor from the City Fire Department, such person may maintain in the alley back of such premises an all metal box with tight fitting lid for the deposit therein of trash only. Such metal boxes shall be constructed and placed as directed by the Fire Department. Lids thereof must be kept closed at all times except while refuse is being placed therein or removed therefrom by the licensed collector. (G) All licensed collectors, unless otherwise directed by the Superintendent of Sanitation, shall deliver all garbage and refuse to the City Dump. (Continued on Page 553) L763 ORDINANCE NO. B -1511 IMEPEALE0 ORDIRIARICS 1X104 (Continued from page 552) (H) The licensed collector of garbage and refuse in the Business Classification, is hereby required to pay a dumping charge of $0.50 for each load or part of a load, deposited at the City Dump, charges to be paid to the City Treasurer on a monthly basis. (I) In addition to the other penalties provided herein, upon violation of any of the terms of this ordinance, such license may be revoked, upon opportunity first being provided said licensee to appear before the City Commission and show cause why such action should not be taken. However, at the option of the City Commission, if it is deemed necessary to the City to operate the garbage and refuse collection in the Business Class, then the licensee shall be given six (6) months official notice of the cancellation of his license to collect garbage and refuse in the City of Yakima. Section 15. It shall be unlawful for any person, other than the person in possess- ion, charge or control of any premises, authorized employees of the City of Yakima, or licensed collectors, to remove or lift the coverings of any garbage cans, trash or refuse boxes; and no other person shall tamper with or remove any article or material whatsoever from said receptacles. Section 16. Nothing in this ordinance shall be construed to affect or modify tIe provisions of Ordinance No. A -1207 relative to the collection of swill.. Section 17. There is hereby excepted from the Business Class of collection all fruit refuse from any fruit processing plant or warehouse in the City of Yakima. Such fruit refuse may be disposed of as swill by such fruit processing plants, or at the option of such plants, may be deposited by the operators thereof at the City Dump. A charge of one dollar ($1.00) shall be made for each truck load or part thereof deposited in the City Dump. Section 1$. No person, other than City of Yakima garbage collectors, shall deposit material at the City Dump without paying the fees hereinafter provided for, to -wit: 1 load, not more than 3 cubic yards $0.50 1 load, over 3 cubic yards 1.00 Cat, dog or other small animal .25 Horse, cow or other large animal 3.00 Section 19. (A) There is hereby created a special fund of the City of Yakima t be known at the "Municipal Garbage Collection Service Fund "; which fund is established for the prupose of accumulating monies derived from the operation and maintenance of the garbage collection and disposal service of the City of Yakima; and for the purpose of defraying all of the operating and maintenance expenses and costs incurred by the City of Yakima in the collection and disposal of garbage and refuse. (B) The City Treasurer is hereby authorized, empowered and directed to deposit any and all monies receibed in payment of said garbage collection and disposal service, to the credit' of the fund hereby created. (C) The City Commission is hereby authorized to include in each annual budget hereafter, an appropriation for garbage collection and disposal, including operation and maintenance of equipment therefor; which appropriation shall be credited_to said fund immediately upon becoming available. (D) There shall be paid from the fund hereby created, all garbage collection and disposal costs and expenses, including salaries and wages, operation and maintenance of equipment, and all other operating costs, fees, charges, and expenses. Section 20. Any person violating any of the provisions of this ordinance shall, upon conviction, be punished by a fine not exceeding Three Hundred ($p300.00) dollars, or by imprisonment in the City Jail for a period of not to exceed ninety (90) days, or by both such fine and imprisonment. Section 21. Ordinance No. B -239, passed and approved on September 13, 1937, and all amendments thereof, and all other ordinances or parts of ordinances insofar as inconsistent with the provisions of this ordinance, are hereby repealed. Section 22. This ordinance shall be in full force and effect January 1st, 1954. PASSED BY THE CITY COMMISSION, signed and approved this 2nd day of November, 1953. ATTEST: PEARL BENJAMIN ( SEAL ) G. W. BURNS City Clerk Mayor I hereby certify that the foregoing is a full, true and correct copy of Ordinance No. B -1511 entitled "AN ORDINANCE relating to public health and sanitation; providing for and regulating the collection and disposal of garbage, refuse and dead animals in the City of Yakima; regulating the operation of the City Dump and collection service; creating a special fund and providing for the payment of monies into said fund; providing penalties for the riolation hereof; and repealing all ordinances and parts of ordinances in conflict herewith. ", as passed this 2nd day of November, 1953, and that same has been published as required by law. .e 21,t1 C I T Y/ L E R K