Ordinance No. 841

 

AN ORDINANCE OF THE CITY OF POMEROY, WASHINGTON, ADDING A NEW CHAPTER 8.08 TO THE POMEROY MUNICIPAL CODE REGULATING SOLID WASTE COLLECTION IN THE CITY AND CONTAINING A SEVERABILITY CLAUSE AND SETTING AN EFFECTIVE DATE.

 

THE CITY COUNCIL OF THE CITY OF POMEROY, WASHINGTON DO ORDAIN AS FOLLOWS:

 

      Section 1.  A new Chapter 8.08 is hereby added to the Pomeroy Municipal Code to read

as follows:

 

      CHAPTER 8.08

SOLID WASTE COLLECTION

Sections:

8.08.010          Application of Chapter.

8.08.020          Definitions.

8.08.030          Municipal collection services - Contract, schedule rates.

8.08.040          Municipal collections services mandatory.

8.08.055          Granting of exemptions to mandatory services.

8.08.050          Duty to cause removal.

8.08.055          Granting of exemptions to mandatory services.

8.08.060          Prohibited acts.

8.08.070          Violation - Penalty.

 

      8.08.010    Application of Chapter.

To promote and maintain the community health and sanitation, it is the intention hereof to make the collection, removal, and disposal of solid waste within the City universal and compulsory within the City. The provisions of this Chapter shall be deemed an exercise of the power of the City to regulate the matters of health and safety consistent with the City's general police powers.

 

      8.08.020    Definitions.

      A.  "Premises" means any building (including mobile homes and manufactured homes), and improved lot, parcel, real estate, or portion of land, including adjacent sidewalks and parking strips, including, but not limited to, dwellings, apartments, rooming or boarding-houses, motels, clubs, restaurants, and other eating places, shops, other places of business or commerce, industrial sites, or any other building or structure, public or private.

      B.  "Solid waste" means all putrescible and nonputrescible solid, semi-solid, and liquid wastes from all public and private premises. For the purposes of this Chapter, "solid waste" includes, but is not limited to, garbage, refuse, rubbish, ashes, industrial wastes, materials placed in residential recycling containers, demolition and construction wastes, and swill; provided however, that "solid waste" does not include recognized industrial by-products, commercial recyclable materials, sewage, sludge, septage or abandoned vehicles or parts thereof.

      C.  "Person" means any natural person, firm, partnership, corporation, institution, association, or other entity, public or private, whether acting by themselves or by a servant or employee. The term also means the occupant and/or owner of the premises for which services mentioned in this Chapter is rendered.

 

      8.08.030    Municipal collection services - Contract, schedule rates.

The City Council may contract with a private solid waste collection service provider to provide solid waste collection services in the City, and may also include billing within the contract.

 

      8.08.040    Municipal collections services mandatory.

Solid waste collection and removal services as provided for herein shall be mandatory for all premises within the City except for those exemptions in PMC 8.08.055. Except as otherwise provided for in this Chapter, no person or other business entity, other than the City or the City contract collector, may engage in the business of solid waste collection within the City.

 

      8.08.050    Duty to cause removal.

It shall be the duty of every person in possession, charge, or control of any premises to cause such solid waste to be removed and disposed of by the City or the City contract collector or by other means approved by the city.

 

      8.08.055    Granting of exemptions to mandatory services.

A) Upon request of a premises owner or occupant, which is accompanied by a statement of express permission per PMC 8.08.060 when required, reasonable exemptions which include (but are not limited to) the following examples shall be granted. The Contractor be shall notified by the City of the address of the premises so exempted if the exemptee is currently served by the Contractor:

      1) Residential premise solid waste from a business owner's personal residence being deposited into the business owner's business container at the business location.

      2) Low waste generator such as a single occupant combining service with an immediate family premise owner and depositing in the second premise container.

      3) Low waste generator which elects to accumulate waste for a period of time and take to the landfill or transfer station, provided that no solid waste odors or noxious fumes shall be allowed to be frequently present at the premises.

B) It shall be cause to revoke any exemption granted under this section if (1) the disposal of solid waste causes the contracted-for containers(s) to overflow, if (2) not-contracted-for containers (boxes, bags, or cans) are placed to be collected, or if (3) exemptee is found guilty of illegal solid waste disposal anywhere in the city or county.

C) Persons requesting exemption shall fill out a request form available at the City Clerk/Treasurer office. An exemption committee shall meet to approve or disapprove grants of exemption when applications are received by the Clerk/Treasurer, but no more often than one time per month.

 

      8.08.060    Prohibited acts.

It is unlawful for any person to throw, place or scatter any solid waste over or upon any area within the City Limits. This includes, but not limited to, private property, streets, alleys, right of ways, or other City property. It shall also be unlawful for any person to deposit solid waste that is created or accumulated on one set of premises into the container(s) on another set of premises without the express permission of the person(s) in control of the second set of premises.

      However it shall be lawful to place yard waste, leaves, and trimmings on the public streets or in designated containers during any scheduled yard waste pickup days when placed in accordance with publicized rules and regulations for the pickup days.

 

      8.08.070    Violation - Penalty.

Any person who shall violate or fail to comply with any of the provisions of this Chapter, or who shall counsel, aid, or abet any such violation or failure to comply, shall be deemed guilty of a civil infraction and upon conviction thereof shall be subject to a monetary penalty of not more than One Hundred Dollars ($100.00) for the first offense, a monetary penalty of not more than Two Hundred Dollars ($200.00) for the second offense, and a monetary penalty of not more than Four Hundred Dollars ($400.00) for the third or subsequent offense.  Each separate violation of the provisions of this Chapter is deemed a separate offense.

 

      Section 2.  If any section, sentence, clause or phrase of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or the constitutionality of any other section, sentence, clause or phrase of this Ordinance.

 

      Section 3. This Ordinance shall take effect and be in full force the later of five (5) days after this ordinance or a summary thereof is published in the East Washington or October 1, 2000.

 

Passed by the city council on August 6, 2008.

 

 

__________________________________________________

MAYOR ALAN GOULD

 

ATTEST/AUTHENTICATED:

 

 

__________________________________________________

CITY CLERK, SHAUN MARTIN

© 2015 by City of Pomeroy

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