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HomeMy WebLinkAbout1905 ORDINANCE NO. 1905 AN ORDINANCE relating to health an~ ,~anitation; providing I'or and regu- lating the collection, removal an~ disposal of garbage, feZ'use an~ ~eaa ani- mals in the City; providing for the handling thereof exclusively by the City; providing for the amount ant methom o~' payment oi' garbage collection charges; providing penalties for the violation hereof; repealing Orminance Nos. 310, 418B, 585, 628, 815, 1407, 1456, 1727, l?51, an~ all other ordinances and parts of ordinances in coni'lict herewith. BE IT ORDAINED by the City of Bremerton, Washington, that: Section 1. Territory Included. This Ordinance shall apply to all terri- tory embraced within the corporate limits bi' the City of Bremerton, County of Kitsap, Washington, an~ area o~' police juriseiction thereof. Section 2. Intent of Ordinance. The maintenance of healt~ and sanita- tion require, and it is the intentiOn hereof, to make the collection, removal and disposal bi' garOage, refuse an~ dea~ s~imals within ~he City of Bremerton compulsory an~ universal. Section 3. Definitions: (a) "Refuse": The term "re£use" shall include garbage, ruOOish, ashes, Sw~'ll anm all other putrescible and non-putresci01e wastes except sewage, from all public m~ private establishments and resid- ences. (b) "Garbage:" The term "Garbage" shall include all putresciOle wastes, except sewage and body wastes, including vegetable an~. animal offal and carcasses cZ' dead animals, but not including recognized industrial Oy- products~ and shall inclume all such substances from all public an~ private establishments and from all resimences. (c) "RubOish": The term ~ubbish" shall include all non-putrescible wastes, except ashe~, ~'rom all puOlic and private establishments anm from all residences. (d) "AsSes": The term "ashes" shall include the solid waste products bi~ coal, wood anm other Z'uels usem for heating and cooking Z'rom all puOlic anm private establishments and from all resimences. (e) "Person:" The term "person" shall mean every person, firm, co-partnership, association, or corporation. ~ords herein used in the present tense shall include the ~'uture tense; and in the sing- ular shall include the plural and in the plural shall include the singular; and in the masculine shall inclume the I~eminine gender. (f) "Swill:" The term "swill" as used in this Orminance, shall be held to mean and inclume every rex'use accumulation of animal, £'ruit or vegetable matter, liquid or otherwise, t~at attenms the preparation, use, cooking, dealing in or storing of meat, l'ish, I'owl, Z'ruit, an~ vegetables, except co,'fee grounds. (g) "Health OfI'icer:" The term "health oi'I'icer" shall mean the city, county, or jurisdictional health oi'ficer as de~'ined in Sections 6085, 60~1 and 6092 of Remington's Revised Statutes of Washington, Sec. 7, Ch. 183, Laws, 1~5, (Rem. Rev. Stat. (1945 Supp.) Sec. 6099-16) or their authorized representatives Section ~. Supervision of Garbage and Refuse. (a) The garbage superin- tendent, with the advice of the City Health Offic'~r, shall have supervision over the collection of garbage and refuse within the City and shall have sup- ervision and control of the sanitary fills or such other means of garbage ~disposal which may be establishem by the City. (b) This ordinance empowers the City to buy, maintain or lease, an~ operate equipment for the removal bi' reI'use i'rom within the City. Section 5. Accumulation mug Disposal of l~e£use. (a) It shall be the duty ox' every person in possession, charge, or in control o~' any dwelling, flat, rooming house, apartment house, hospital, school, hotel, club, rester- aunt, boarming house, or eating place, or in possession, charge or control of any shop, place bi~ business or manufacturing establishment where garbage, re- fuse, or ewill is created or accumu±atem, at all times to ~eep or cause to be kept portable appurtenances, metal or other approved cans in sul'ficient num- bers, for the deposit therein of garbage an~ reI'use, and to meposit or cause to be deposited the same therein. Except that rubbish consistingoI' rags, bundlem paper, ashes, lawn cuttings, weeds, etc., may be collected at the place where garbage cans are left in containers or bunmle¢~ so that they will not be scattered by the wind or tipping over bi' the container and can Oe easily handled by the collector. (b). It shall be the duty oz' the owner of any mwelling, flat, apartment house or trailer camps to furnish or to see that his tenants are supplied with such carls. (c). Such cans shall be constructed in such a manner as to be strong, watertight, not easily corrodable, rodent-proof, insect-proof, of not less than 15 anm not more then 36 gallons~!, capacity, and shall be cZ' the type normally manui'actured anm used for garbage cans, an~ shall have two handles at the sides thereof and a tight fitting, fly-proof, insect-proof lim of solid construction. Such lids shall not be removed except when necessary to place ORDINANCE NO. 1905 (Con't) garbage and refuse in such cans or take the same therefrom. When garbage and refuse tsi Placed therein or taken therefrom, such lid shall De replaced by the person placing the same therein or taking the same 'therefrom. Such cans shall be kept in a sanitary conmition with the outsi~e thereof clean andf tee from accumulative grease and decomposing material. Each can shall 0e kept in a place within ~0 feet of a point normally and easily accessible to the garbage truck. ~d) Each garbage can sha~l be ~ept blean inslae and out, so that no o~or nuisanc~ shall exist. The g~rbage col±ector Shall place tags on garbage cans found to be in violation of this section, anm notify the Garbage Supervisor. The tag shall have a~ per~'orated stub, with iaentiI'ication number ana place for location and eescription. Two or more violations or this provision by persons shall subject the person to penalties describe~ in Section 18. (e) This section is subject to the proviso that in the case or isolated dwellings or places or Ousiness located in sparsely settled portions or Sho City, or where reasonable access cannof be hac by truc~, garbage anm refuse thereZ'rom may, upon special permit o~' the City Department, be collected, re- moved, and uisposed or in such a manner that said City Department shall approve and direct. Garbage and swill shall not be ~ispose~ of upon p~'ivate premises by incineration. if) Large suitable containers i'or both collection o~' garbage anm refuse may, ~ith the approval of the City Department, be used by hotels, restaurants, boarming houses, eating places, apartment houses, schools anm hospitals, and in the business district. (g) Waste paper or office supplies may be deposited in waste baskets and other ~uitable receptacles. (h) ~t shall 0e the duty cz' every parson to cause such garbage anm re- fuse to be removed anm disposed of only ~y the City Department. (i) It shall 'be the muty oI' every person in possession, charge or control of any dea~ animal or upon whose premises the same may 0e located, to forthwith cause the same to be removem anm misposem or by saim City Department. Section 6. Unlawful Disposal. (a) It shall be unlawful for any person to 0ury, Ourn, dump, collect, remove, or in any other manner mispose of ~arbage or swill upon any street, alley, public place or private property within the City of Bremerton, otherwise than as herein provimed. (b) Waste paper, Ooxes, rubOish and ~ebris, crush, grass, leaves, weeds and cuttings from trees, lawns, shrubs an~ gardens may be Durned on private property in furnaces, or, upon special permit from the Fire Chief or Fire Mar- shall, they may be burned in outside fireplaces, private incinerators or in open fire~. (c) It shall be unlawful to mump, place, Duty, meposit or throw any oil, grease, offal or other refuse on the water, timelan~s, beaches and banks sur- rounming tbs City or Bremerton, except on regularly establishem sanitary fills. Section 7. Burmen on Lanmowner or 0ccuPi'er. In any action to enforce the provisions of -this 0r~inance, the 0urdsn sha-ll be on the lanme~vner or oc- cupier, except where the property in question is vacant, to show that no re- fuse has been accumulated or created ane that the same has not been misposed of contrary to the provisions of this Orminance. 'l'his section shall not be deemed to excuse in any way persons responsible for vacant lots ~'rom compli-. ance with the provisions o~' this 0rminance. Section 8. Time of Collection. The City Garbage Department shall collect, remove anm dispose of a~l garbage and reI'use in the residential sections of the City at least once each week; and from each restaurant, eating house or meat marxet at least once each may; anm from each grocery store at least twice a week; ana from all other places as often as shall be I'oun~necessary, not less than once a week; all places of business shall have their garbage removed as often as they desire, not to exceed once each may. Section 9. _Separation of Refuse. The City reserves the right to and may have option to require th'e separation of paper or swill or other component part., of garOage, and may require the meposit t~ereof in separate cans or receptacles. and may prescribe the metheds cz~ disposal thereof. Section lC. Use of Sanitary Fills. Only the City Sanitation Department or persons authoi~izem Dy the City Council snail use or be ~ermitted to use the sanitary fill or z~ills or other place oZ' misposal establisnem Dy the City of Bremerton. Section ll. Disposal of Garbage anm Other Refuse. All misposal of gar- bage anm other refuse shall be by methom or metnoas specifically appro~ 0y the Health Officer provi~em that saim metnom or s aim methods shall include the maximum practicable rodent, insect, and nuisance control at the p±aces of mis- posal. ura~nance Iwo. ±~Ub Section 12. Dead Animal Bodies, Dead animal 0odies shall be construed as ~arbage for purposes of this orainance ana all provisions applying to gar- bage shall apply to such aeaa 0oaies, excep$ %ha~ noshing herein snail be construed to prohibt~ the o~er oi' any such ~ea~ animal i~rom selling posing oi~ 5he s~e IOr proI'i$ in a manner no~ prohibited he~ein nor shall any- thing herein be taken to apply ~ ~imals killed l'oI' food. Section lS. ~.~ent of Charges. The charges for re~use collection~ ~d and disposal shall be compulsory. The charges shall be based on a calendar month or on 5he month ruling from the lb~h may or one mon~ to the lbsn may ox~ the next, and shall be paid at ~e City Treasurer's office by the 18th 0f the month in the case oI~ charges based on the calendar month, and by the 1st oi' the mo~th in_the c~e of charges based on a month i~igured from the Section 14. Schedule Fo~ Cha~ges. (a) ~ere garbage collection weekly the charges are as fol~ows: One can per week $1.00 per month. Two cans per week 1.80 per month. Three cans per week 2.50 per month. Four cans per week 3.40 per month'. Five cans per week 4.20 per month. Customers shall be classifie~ in one 0f the above categories on the basis of average weekly collection. All premises occupied during all or ~y part of a given month shall be charged a minim~ $1.00 ~'or garbage service, w~ether any collections were actually ma~e or not, su0ject to the occupant proving tha' there was no garbage or refuse of ~y kin~ created or acc~ulmted which the garbage ~epartment could have collected. (o) ~here' garbage coliection is made more than once per week, the charge: sh~ll 0e as follows: ~enty-five to thirty cans per month $5.50 per month Each can over thirty cans .10 per can W~ere. coliecttons are made more often th~ once a week, but the n~ber of cans is less than 'twenty-Z~ive per month, the charges shall be in accordance with the rates set out in (a). (c) ~ere it is permissi01e to collect ru0oish I'or pick up in other than garbage cans, ~t shall 0e~ charge~ for as if it ha~ been placed in suc~ cans of regular size. (d) Where a requeste~ collection is of such an unusual size or at some time other than regular collections are made at the premisem~, a special charge based on the extra expenditure oi' la0or an~ equipment shall be set Oy the gar- bage superintendent. Section 15. Appeals from ~cisions of Garbage Superintende~.t. In case o~ dispute between any person and the garbage superintend~t in regard to the City Co~cil from the decision of the superintendent in writing, setting out the significant I'ac~s and the action requested. Such an appeal shall ce heard in such manner and at such time as ~he City Co~cil may mecide, but in no case in less than z'ive nor more than twenty-I'ive days al'ter the appeal is I'iled. Section 16. Former Ordinances Repealed. 0rdinance~'Nos. 31o, 418B, 585, 628, 815, 140V, 1488, 172V, 1751 and all other ordinances or parts oI' ordin- ances in conI'lict herewith are hereOy repealed. Section 1V. Effect of Invalimity. If ~y section provision, or part thereof of this Ordinance shall be amjumged to ~ invalid or ~constitutional; such amjudication shall net affect the valimity oi' this 0rm~nance as a whole or ~y section, provision, or part thereof not amjumged invalid or mncons~it- utional. Section 18. Penalties. Any person violating any or the provisions of this 0rmin~ce shall be guilty o~' a misdemeanor anm upon conviction thereof shall be I'ined in any s~ not exceeding Three H~drem ~liars ($300.00), or imprison- ment in the City Jail i'or a term not exceeding ninety (90) days, or both, in the discretion of the court.' APFRO~D on first reading this 25th day of October, 1950. PASSED on ~'inal reaming by the City Co~cil of the City of Bremerton, signed by the i~layor ~m attested by the City Clerk in autnenSication or such passage this ist may cz' November, 1~50. Nayor