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Home My WebLink About2023-033 Ordinance amending the Yakima Municipal Code 4.16.170 Refuse Storage, Collection, and Disposal and the addition of clarifying Americans with Disabilities Act (ADA) language ORDINANCE NO. 2023-033 AN ORDINANCE amending the City of Yakima Municipal Code Chapter 4.16, Garbage Storage, Collection and Disposal. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Yakima Municipal Code 4.16.170(e), Collection of garbage in residential district, is amended and reads as follows, and a new section (o) is added and reads as follows: 4.16.170 Collection of garbage in residential district—Regulations. There are 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) Only city-provided containers will be emptied. Carts shall be placed at curbside by six a.m. to ensure collection service. Containers that are not provided by the city will not be collected. (b) 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 sanitary carts for the disposal therein of garbage and refuse and shall deposit or cause to be deposited therein such garbage and refuse. (c) It shall be the duty of the owner or person in control of any dwelling, flat, duplex or apartment house to furnish to and to see that his tenants are supplied with such sanitary carts as provided in this chapter. (d) The city of Yakima shall provide, subject to the provisions of municipal code, a thirty-two- gallon or a ninety-six-gallon cart. The gross weight of any cart when full shall not exceed one hundred twelve pounds for the thirty-two-gallon and three hundred pounds for the ninety-six- gallon cart. Carts exceeding the weight indicated shall be tagged and left at the curb. (e) Subject to certain provisions stated below, garbage or refuse carts shall be kept on the residential property at all times. No carts shall be kept or stored on any public alley, street, or within any public right-of-way. No carts shall interfere with the convenient, sightly and sanitary enjoyment of private property. (1) A reasonable time before regularly scheduled pickup, unless the refuse collection customer has established carry-out service as specified in subsection (e)(2) of this section, carts shall be placed at the curb of the adjoining street. A reasonable time after pickup, customers shall return carts to their usual position. (2) Refuse collection customers may establish carry-out service for garbage cans as follows: "Carry-out service" as used herein means collection service for any thirty-two- or ninety-six-gallon cart not placed at the property line as specified in subsection (e)(1) of this section. Carry-out service carts shall be located for collection where they are convenient and accessible within one hundred feet of the alley adjacent to the property, or, for properties not adjoining an alley, within one hundred feet of the adjoining street. Carry-out service must be approved by the manager of the refuse division of the department of public works. 1 (f) Elderly or disabled residents who are unable to place their containers and have no other available resources to comply with the requirements of this chapter for setting out containers for collection pickup may request free assistance from the department, upon a proper showing of need. Such individuals are responsible for providing proof of disability as recognized by the State of Washington, in chapter 308-96B WAC. (g) The owner or person in charge of such dwelling, flat, duplex or apartment house shall maintain the place where said garbage carts are located in a clean and sanitary condition, and shall at all times prevent said carts from being upset or spilled by dogs or any sources whatsoever. Such carts shall be so secured as to render them inaccessible to marauding animals. (h) All bottles, metal scraps, tin cans and glassware may be placed in the same can that is used for prepared garbage. Cold ashes and clinkers may be disposed of in the same can as other garbage, but must be separately wrapped or contained within the can. (i) 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 hours. (j) All carts shall be placed for collection on regularly scheduled pickup days in such a position that no employee or collector of the city refuse division shall be required to open any gate or door or obstruction of any kind in order to obtain access to the same; provided, however, that such employee or collector may open the door or gate to an enclosure which is specifically designed and used solely for keeping such containers. (k) All animal excreta as set out for collection shall be placed in a separate, tight, disposable cart and shall not be commingled with any other garbage or refuse. (I) In lieu of garbage carts specified in subsection (d) of this section, drop-off bins furnished by the city may be used to serve multiple dwellings and other premises where large amounts of refuse are collected. Such bins shall be located on the private property where they are convenient for collection service, or, when approved by the manager of the refuse division of the department of public works, in the alley adjacent to the private property. The city will furnish such drop-off bins upon request to the city department of public works made by the owner or person in charge of the premises. (m) For each dwelling, multiple unit dwelling or other premises where automated collection is available, in lieu of the garbage collection carts specified in subsection (c) of this section, the city will provide city-owned thirty-five- or ninety-six-gallon carts to be used for refuse collection. Such carts shall be located on the private property where they are convenient for collection service, or, when approved by the manager of the refuse division of the department of public works, in the alley adjacent to the private property. (n) Lids for all refuse containers defined by subsection (k) of this section shall remain closed at all times except when refuse is being deposited into or emptied from such carts. Such carts shall be kept in a sanitary condition with the outside thereof clean and free from accumulating grease and decomposing matter. 2 (o) The manager of the refuse division of the department of public works may waive any provision of this section and YMC 4.16.140 when specific circumstances render enforcement of such provision impossible or impracticable. Such waiver may be conditioned on such terms as the manager may determine are appropriate. Such waiver must be stated in writing and shall be limited to its express terms. Any person aggrieved by an action of the manager regarding such a waiver may appeal the action to the director of the department of public works. Any person aggrieved by the director's action regarding such appeal may appeal to the city council. Section 2. 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. PASSED BY THE CITY COUNCIL, signed and approved this 15th day of August, 2023. c , U Janice Deccio, Mayor ATTEST: v � ��h�i ,1� (Q1 ��- � �` (-,4 �.AL osalinda Ibarra, City Clerk ! 1 ,*_ ' h� ors Publication Date: August 18, 2023 Effective Date: September 17, 2023 3 1 ot `Y� ? s `'°,.,'tea BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 6.L. For Meeting of:August 15, 2023 ITEM TITLE: Ordinance amending the Yakima Municipal Code 4.16.170 Refuse Storage, Collection, and Disposal and the addition of clarifying Americans with Disabilities Act (ADA) language SUBMITTED BY: Scott Schafer, Public Works Director(509)576-6411 *Trace Bradburn, Solid Waste Manager(509) 570-4400 SUMMARY EXPLANATION: The attached ordinance contains revisions to Section 4.16.170 of the YMC to include language that defines refuse pickup location to be at the curb of the adjoining street. Revisions also include the addition of ADA language for carry out service. The City has been providing ADA service to elderly and/or disabled residents upon request for several years. The ordinance revision confirms the process and will require proof of need for such service. ITEM BUDGETED: NA STRATEGIC PRIORITY: Public Safety APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Pass Ordinance. ATTACHMENTS: Description Upload Date Type ❑ Ordinance amending YMC 4.16.170 w Strikeouts 8/1/2023 Ordinance ❑ Ordinance changing YMC 4.16.170 7/31/2023 Corer Memo 2 ORDINANCE NO. 2023- AN ORDINANCE amending the City of Yakima Municipal Code Chapter 4.16, Garbage Storage, Collection and Disposal. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Yakima Municipal Code 4.16.170(e), Collection of garbage in residential district, is amended and reads as follows, and a new section (o) is added and reads as follows: 4.16.170 Collection of garbage in residential district—Regulations. There are 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) Only city-provided containers will be emptied. Carts shall be placed at curbside by six a.m. to ensure collection service. Containers that are not provided by the city will not be collected. (b) 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 sanitary carts for the disposal therein of garbage and refuse and shall deposit or cause to be deposited therein such garbage and refuse. (c) It shall be the duty of the owner or person in control of any dwelling, flat, duplex or apartment house to furnish to and to see that his tenants are supplied with such sanitary carts as provided in this chapter. (d) The city of Yakima shall provide, subject to the provisions of municipal code, a thirty-two- gallon or a ninety-six-gallon cart. The gross weight of any cart when full shall not exceed one hundred twelve pounds for the thirty-two-gallon and three hundred pounds for the ninety-six- gallon cart. Carts exceeding the weight indicated shall be tagged and left at the curb. (e) Subject to certain provisions stated below, garbage or refuse carts shall be kept on the residential property at all times. No carts shall be kept or stored on any public alley, street, or within any public right-of-way. No carts shall interfere with the convenient, sightly and sanitary enjoyment of private property. (1) A reasonable time before regularly scheduled pickup, unless the refuse collection customer has established carry-out service as specified in subsection (e)(2) of this section, carts shall be placed at thc property linc at thc alley adjacent to the property, or, division, at the curb of the adjoining street. A reasonable time after pickup, customers shall return carts to their usual position. (2) Refuse collection customers may establish carry-out service for garbage cans as follows: "Carry-out service" as used herein means collection service for any thirty-two- or ninety-six-gallon cart not placed at the property line as specified in subsection (e)(1) of this section. Carry-out service carts shall be located for collection where they are convenient and accessible within one hundred feet of the alley adjacent to the property, or, for properties not adjoining an alley, within one hundred feet of the adjoining street. 1 3 Carry-out service must be approved by the manager of the refuse division of the department of public works. if) Elderly or disabled residents who are unable to place their containers and have no other available resources to comply with the requirements of this chapter for setting out containers for collection pickup may request free assistance from the department, upon a proper showing of need. Such individuals are responsible for providing proof of disability as recognized by the State of Washington, in chapter 308-96B WAC. (g) The owner or person in charge of such dwelling, flat, duplex or apartment house shall maintain the place where said garbage carts are located in a clean and sanitary condition, and shall at all times prevent said carts from being upset or spilled by dogs or any sources whatsoever. Such carts shall be so secured as to render them inaccessible to marauding animals. (h) All bottles, metal scraps, tin cans and glassware may be placed in the same can that is used for prepared garbage. Cold ashes and clinkers may be disposed of in the same can as other garbage, but must be separately wrapped or contained within the can. (i) 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 hours. (j) All carts shall be placed for collection on regularly scheduled pickup days in such a position that no employee or collector of the city refuse division shall be required to open any gate or door or obstruction of any kind in order to obtain access to the same; provided, however, that such employee or collector may open the door or gate to an enclosure which is specifically designed and used solely for keeping such containers. (k) All animal excreta as set out for collection shall be placed in a separate, tight, disposable cart and shall not be commingled with any other garbage or refuse. (I) In lieu of garbage carts specified in subsection (d) of this section, drop-off bins furnished by the city may be used to serve multiple dwellings and other premises where large amounts of refuse are collected. Such bins shall be located on the private property where they are convenient for collection service, or, when approved by the manager of the refuse division of the department of public works, in the alley adjacent to the private property. The city will furnish such drop-off bins upon request to the city department of public works made by the owner or person in charge of the premises. (m) For each dwelling, multiple unit dwelling or other premises where automated collection is available, in lieu of the garbage collection carts specified in subsection (c) of this section, the city will provide city-owned thirty-five- or ninety-six-gallon carts to be used for refuse collection. Such carts shall be located on the private property where they are convenient for collection service, or, when approved by the manager of the refuse division of the department of public works, in the alley adjacent to the private property. (n) Lids for all refuse containers defined by subsection (k) of this section shall remain closed at all times except when refuse is being deposited into or emptied from such carts. Such carts 2 4 shall be kept in a sanitary condition with the outside thereof clean and free from accumulating grease and decomposing matter. (o) The manager of the refuse division of the department of public works may waive any provision of this section and YMC 4.16.140 when specific circumstances render enforcement of such provision impossible or impracticable. Such waiver may be conditioned on such terms as the manager may determine are appropriate. Such waiver must be stated in writing and shall be limited to its express terms. Any person aggrieved by an action of the manager regarding such a waiver may appeal the action to the director of the department of public works. Any person aggrieved by the director's action regarding such appeal may appeal to the city council. (Ord. 2020-032 § 5, 2020; Ord. 2020-029 § 5, 2020; Ord. 2013-009 § 1 (part), 2013: Ord. 2004-25 § 9, 2004: Ord. 99-52 § 2, 1999: Ord. 95-61 §§ 2-4, 1995; Ord. 3005 §§ 4-6, 1987; Ord. 2405 § 1, 1980; Ord. 1552 § 1, 1973: Ord. 1238 § 2, 1970; Ord. 259, 1961: Ord. B-1523 § 13, 1953). Section 2. 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. PASSED BY THE CITY COUNCIL, signed and approved this day of , 2023. Janice Deccio, Mayor ATTEST: Rosalinda Ibarra, City Clerk Publication Date: Effective Date: 3 5 ORDINANCE NO. 2023- AN ORDINANCE amending the City of Yakima Municipal Code Chapter 4.16, Garbage Storage, Collection and Disposal. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Yakima Municipal Code 4.16.170(e), Collection of garbage in residential district, is amended and reads as follows, and a new section (o) is added and reads as follows: 4.16.170 Collection of garbage in residential district—Regulations. There are 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) Only city-provided containers will be emptied. Carts shall be placed at curbside by six a.m. to ensure collection service. Containers that are not provided by the city will not be collected. (b) 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 sanitary carts for the disposal therein of garbage and refuse and shall deposit or cause to be deposited therein such garbage and refuse. (c) It shall be the duty of the owner or person in control of any dwelling, flat, duplex or apartment house to furnish to and to see that his tenants are supplied with such sanitary carts as provided in this chapter. (d) The city of Yakima shall provide, subject to the provisions of municipal code, a thirty-two- gallon or a ninety-six-gallon cart. The gross weight of any cart when full shall not exceed one hundred twelve pounds for the thirty-two-gallon and three hundred pounds for the ninety-six- gallon cart. Carts exceeding the weight indicated shall be tagged and left at the curb. (e) Subject to certain provisions stated below, garbage or refuse carts shall be kept on the residential property at all times. No carts shall be kept or stored on any public alley, street, or within any public right-of-way. No carts shall interfere with the convenient, sightly and sanitary enjoyment of private property. (1) A reasonable time before regularly scheduled pickup, unless the refuse collection customer has established carry-out service as specified in subsection (e)(2) of this section, carts shall be placed at the curb of the adjoining street. A reasonable time after pickup, customers shall return carts to their usual position. (2) Refuse collection customers may establish carry-out service for garbage cans as follows: "Carry-out service" as used herein means collection service for any thirty-two- or ninety-six-gallon cart not placed at the property line as specified in subsection (e)(1) of this section. Carry-out service carts shall be located for collection where they are convenient and accessible within one hundred feet of the alley adjacent to the property, or, for properties not adjoining an alley, within one hundred feet of the adjoining street. Carry-out service must be approved by the manager of the refuse division of the department of public works. 1 6 (f) Elderly or disabled residents who are unable to place their containers and have no other available resources to comply with the requirements of this chapter for setting out containers for collection pickup may request free assistance from the department, upon a proper showing of need. Such individuals are responsible for providing proof of disability as recognized by the State of Washington, in chapter 308-96B WAC. (g) The owner or person in charge of such dwelling, flat, duplex or apartment house shall maintain the place where said garbage carts are located in a clean and sanitary condition, and shall at all times prevent said carts from being upset or spilled by dogs or any sources whatsoever. Such carts shall be so secured as to render them inaccessible to marauding animals. (h) All bottles, metal scraps, tin cans and glassware may be placed in the same can that is used for prepared garbage. Cold ashes and clinkers may be disposed of in the same can as other garbage, but must be separately wrapped or contained within the can. (i) 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 hours. (j) All carts shall be placed for collection on regularly scheduled pickup days in such a position that no employee or collector of the city refuse division shall be required to open any gate or door or obstruction of any kind in order to obtain access to the same; provided, however, that such employee or collector may open the door or gate to an enclosure which is specifically designed and used solely for keeping such containers. (k) All animal excreta as set out for collection shall be placed in a separate, tight, disposable cart and shall not be commingled with any other garbage or refuse. (I) In lieu of garbage carts specified in subsection (d) of this section, drop-off bins furnished by the city may be used to serve multiple dwellings and other premises where large amounts of refuse are collected. Such bins shall be located on the private property where they are convenient for collection service, or, when approved by the manager of the refuse division of the department of public works, in the alley adjacent to the private property. The city will furnish such drop-off bins upon request to the city department of public works made by the owner or person in charge of the premises. (m) For each dwelling, multiple unit dwelling or other premises where automated collection is available, in lieu of the garbage collection carts specified in subsection (c) of this section, the city will provide city-owned thirty-five- or ninety-six-gallon carts to be used for refuse collection. Such carts shall be located on the private property where they are convenient for collection service, or, when approved by the manager of the refuse division of the department of public works, in the alley adjacent to the private property. (n) Lids for all refuse containers defined by subsection (k) of this section shall remain closed at all times except when refuse is being deposited into or emptied from such carts. Such carts shall be kept in a sanitary condition with the outside thereof clean and free from accumulating grease and decomposing matter. 2 7 (o) The manager of the refuse division of the department of public works may waive any provision of this section and YMC 4.16.140 when specific circumstances render enforcement of such provision impossible or impracticable. Such waiver may be conditioned on such terms as the manager may determine are appropriate. Such waiver must be stated in writing and shall be limited to its express terms. Any person aggrieved by an action of the manager regarding such a waiver may appeal the action to the director of the department of public works. Any person aggrieved by the director's action regarding such appeal may appeal to the city council. (Ord. 2020-032 § 5, 2020; Ord. 2020-029 § 5, 2020; Ord. 2013-009 § 1 (part), 2013: Ord. 2004-25 § 9, 2004: Ord. 99-52 § 2, 1999: Ord. 95-61 §§ 2-4, 1995; Ord. 3005 §§ 4-6, 1987; Ord. 2405 § 1, 1980; Ord. 1552 § 1, 1973: Ord. 1238 § 2, 1970; Ord. 259, 1961: Ord. B-1523 § 13, 1953). Section 2. 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. PASSED BY THE CITY COUNCIL, signed and approved this day of , 2023. Janice Deccio, Mayor ATTEST: Rosalinda Ibarra, City Clerk Publication Date: Effective Date: 3