HomeMy WebLinkAbout4431 ORDINANCE NO. z'/~_/
A
AN ORDINANCE revising Chapter 6.04 of the Bremerton Municipal Code
pertaining to collection and disposal of garbage and refuse in the City of
Bremerton.
THE CITY OF BREMERTON DOES HEREBY ORDAIN:
Section 1. Amendment. Chapter 6.04 of the Bremerton Municipal Code is amended
to read as follows:
6.04.010 TERRITORY INCLUDED. This chapter shall apply to all territory
included within the corporate limits of the City, and
6.04.020 INTENT OF THIS CHAPTER. The maintenance of health and sanitation
require, and it is the intention hereof, to make the collection, removal and disposal of
garbage and refuse ~nd dead an~m"2s within the City, compulsory and universal.
6.04.030 DEFINITIONS.
Lg,l "Cans" means strong, watertight, not easily corrodible, rodent-proof, insect proof
containers of the type normally manufactured and used to contain garbage and shall have
two handles at the sides thereof and a tight fitting, fly-proof, insect-proof lid of solid
construction.
(h) "Mini cans" means cans of no more than 20 gallons capacity in volume nor 40
pounds in weight, including contents.
~ "Standard trash cans" means cans of no more than 32 gallons or 4'cubic feet of
capacity nor 65 pounds in weight, including contents.
~j) "Yard waste" means grass clippings, leaves, loose plant material, and branches or
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sticks less than one inch in diameter and no more than three feet (3') in length. Yard waste
shall not include any substance otherwise within this definition that has been contaminated
by hazardous waste, fecal matter, or any other substance that will inhibit the natural
decomposition of the yard waste.
6.04.040 ACCUMULATION AND DISPOSAL OF REFUSE·
.... v ........................ on request, the garbage collector may provide a
solid waste container larger than the standard trash can and that may be suitable for
automated pick up. The lids shall not be removed, except when necessary to place garbage
and refuse in such cans or take the same therefrom. When garbage and refuse is placed
therein or taken therefrom, such lid shall be securely replaced by the person placing the
same therein or taking the same therefrom. Such cans shall be kept in a sanitary condition
with the outside thereof clean and free from accumulative grease and decomposing material.
................ j .,.~, of a v ............... j ,,,,, eas accessible
to the garbage truck on collection day.
(dc_) Each garbage can shall be kept clean inside and out so that no odor nuisance
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shall exist.
(ed_) In the case of isolated dwellings or places of business located in sparsely settled
portions of the City, or where reasonable access cannot be made by truck, garbage and
refuse therefrom may, upon special arrangement with the garbage collector, by be otherwise
collected, removed and disposed of. Garbage and swill shall not be disposed of upon
private premises by incineration.
(~) Large suitable containers for collection of both garbage and refuse may, with
the approval of the collector, be used by hotels, restaurants, boarding houses, eating places,
apartment houses, schools and hospitals, and in the business district.
(h-_f) It shall be the duty of every person to cause garbage and refuse to be removed
and disposed of only by the garbage collector, Provided, however, That items that will not
fit within a garbage container may be transported .by the owner thereof to a county approved
disposal site for disposal.
(i-g) It shall be the duty of every person in possession, charge or control of any
dead animal or upon whose premises the same may be located to forthwith cause the same
to be removed and '~: ..... .4 ^c ~... ~. .... ~. .....u~,~. ly
-..~v,- ..... j ....~,-,.,,,~ .........proper disposed of by Animal
Control and to pay the required disposal fee.
6.04.050 UNLAWFUL DISPOSAL.
(c) It shall be unlawful to dump, place, bury, deposit or throw any garbage, oil,
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grease, offal yard waste or other refuse on the water, tidelands or beaches within the City,
upon public property or private property of another or to dispose of such garbage, 0il,
grease, offal, yard waste or other refuse in such a manner so as to allow the same to enter
the City's water, waste water or stormwater discharge system or as prohibited by BMC
15.02.210or 15.03.210.
(d) It shall be unlawful to dispose of garbage or refuse by placing such garbage or
refuse into a garbage collection container which another person owns or pays for the use
of without that person's express consent.
6.04.055 DIVERSION OF RECYCLABLES. No person may divert to personal or
commercial use any recyclable material placed in a container as part of a recycling program,
without the consent of the generator of such recyclable material or the solid waste collection
company operating under contract with the City.
~ t~4 n~n OttOhTXlkt t~Xt t a I~TI~t'~Xtl~TlXD t~n t~t"ttl:)tl::D t. "~:^" to enforce
6.04..062 REFUSE ^B^TEME~. It shall be the duty of the Building Official,
whenever there is on any prope~y in the City any accumulation of refuse in violation of this
chapter to give notice tn writing to the owner thereof or to the agent of such owner ~f
known, or to the occupant or tenant of the premises, requiring such person to remove such
GARBAGE.JJM - 7/26/93 4
refuse from such property within Seventy-two (72) hours, Provided, however, That an attempt
shall be made to first give notice to that person believed by the Building Official to have
caused the accumulation of refuse. Such notice shall contain:
(f) A statement advising the owner and occupant or tenant that failure to comply
with the order may result in citation fc, r a m:.3dcmc~c,r pursuant to Section
6.04.160 of this section.
6.04.070 TIME OF COLLECTION. The garbage collector shall collect, remove and
dispose of all garbage and refuse in the residential sections of the City at least once each
.......... groccryo~,,.,. ,t ,.,,o~ ~.~,.,. a ..... and from all other aces as often as shall be
found necessary, but not less than once a week~.._ aAll places of business shall have their
garbage ed ~c. ..... ~'^" '~: ............ '~ ....... ~' day frequently ay be
necessary to avoid the creation of a nuisance or the violation of any ordinance, regulation
or law, but in no event less than once a week with at least 24 hours between collections;
Provided, however, That a dispute over the frequency of collection determined to be
appropriate by the garbage contractor may be appealed pursuant to BMC 6.04.090.
GARBAGE.JIM - 7/26/93 5
APPEALS.
6.04.090. APPEALS. Determinations made by the garbage c,ontractor regarding the
frequency of collection or the size of solid waste containers required of the public may be
appealed to the City's Combined Board of Appeals. Such Board shall have no authority to
resolve disputes over the rate charged by the garbage colleCtor.
~ /%A I I/5 1'~" A 1"% A 1%TT~.,I' A · I~,g'"%T~T~C~ T'~,~..I ~.:'~1 1~.-I:~ ~1~--11 1~ ~n'.-~.~.4
6.04.120 PAYMENT OF CHARGES. The charges for garbage and refuse collection
and disposal shall be compulsory and universal. Said charges shall be billed and collected
by the garbage co]lector at his own cost. Every occupant of the property and every owner
of thc property for which garbage and refuse collection and disposal services are rendered
shall bc responsible for and shall pay, without delinquency, all charges therefor. The
charges shall bc paid to thc garbage collector and at his office by thc person or persons
responsible and shall be paid not later than thirty days after the billing therefor is mailed,
and if not so paid, the charges shah be deemed delinquent. In the event of delinquency, any
such charge or charges shall bca lien against thc property for which thc collection and
disposal of garbage and refuse was rendered. Such a lien shall be prior to all other liens
and encumbrances filed subsequent to the filing with the County Auditor of Kitsap County
of such notice of lien except liens for general taxes and local improvement assessments,
GARBAGE.JJM - 7/26/93 6
provided notice of such lien is given as provided by law. Interest shall accrue upon
delinquent accounts at the rate of $0.50 ^:~'~
,~,~.., ~, ....... v,~. year or one percent per month
whichever is greater, until fully paid. Billings for acCount shall be mailed to the person or
tenant in possession unless special instructions to the contrary are received from the owner.
6.04.130 SCHEDULE OF FEES. The fees to be charged by the contractor for its
garbage and refuse collection services to the residents of the City shall be fixed by rc~c.l'at~on
~....~., .~.~....~ -~-Jr';*" ._..~...~.r' ..... ;' contract, and shall be included in and be a part of any agreements or
contracts between the City and the contractor. Fees shall be based upon the volume or
weight of garbage or refuse and the distance from a public thoroughfare of said garbage or
requested collection is of such an unusual size, or at some time other than when regular
collections are made of the premises, a special charge based on the extra expenditure of
labor and equipment shall be set by the garbage collector based upon schedules established
by thecontract, .... ~.~ ~ ~,~.,:~h~.~ ~.., ,h .......
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6.04.160 PENALTY FOR VIOLATIONS.
.... ; v,, .............. ~, ~':y of the
as o~he~se provid~ by this chapter, all violations of the provisions of this chapter shall
constitute civil infractions and shall be punishable as follows:
The maximum civil penalty per day or potion ther~f for flch violation is as
follows:
i. First Conviction $100.00/Day
ii. S~ond Conviction for Same
Violation $200. ~/Day
iii. Third Conviction for Same
Violation $300.00/Day
iv. Addition~ Convictions for Same
Violation in Excess of Three $5~.00/Day
Section 2. Effective Date, This ordinance sh~l become effective ten (10) days from
passage and publication.
APPROVED by the City Council of the City of Bremenon this ~ ~ day of
¢,~q,, , 1993.
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PASSED by the City Council of the City of Bremerton this '~ ' day of
[~-~ ~7' ~ ~.l ~q.~, 1993.
APPROVED this ~,\ day_of
LOUIS MENTOR, Mayor
ATTEST:
KATHLEEN McCLUSKIEY, City Clerk
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