HomeMy WebLinkAbout4823ORDINANCENO. q~A~3
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, amending Chapter 6.04 of the Bremerton
Municipal Code relating to Garbage and Refuse and the
enforcement of code violations relating to the same including
enforcement pursuant to Chapter 1.04 BMC.
WHEREAS, the current provisions of Chapter 6.04 of the Bremerton
Municipal Code result in ineffective enforcement of violations of Chapter 6.04 BMC
relating to garbage and refuse; and
Wix~REAS, the City Council desires to update the provisions of Chapter 6.04 in
order to provide for mom effective enforcement of said chapter including enforcement pursuant
to Chapter 1.04 BMC; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTIONL Chapter 6.04 of the Bremerton Municipal Code entitled "Garbage
and Refuse" is hereby amended to read as follows:
Chapter 6.04
GARBAGE AND REFUSE
6.04.010 TERRITORY INCLUDED.
This chapter shall apply to all territory included within the corporate limits of the City.
6.04.020 INTENT OF THIS CHAPTER.
The maintenance of health and sanitation require, and it is the intention hereof, Io make
the collection, removal and disposal of garbage and refuse within the City, compulsory and
universal.
Garbage and ReJhse
6.04.030 DEFINITIONS.
(a) "Refuse" includes garbage, rubbish, ashes, swill and all other nonputrescible and
putrescible wastes except sewage, from 'all public and private establishmenls and residences.
(b) "Garbage" includes all putrescible wastes, except sewage and body wastes,
including vegetable and animal offal and carcasses of dead animals, but not including recognized
industrial by-products, and shall include all such substances from all public and private
establishments and from all residences.
(c) "Rubbish" includes all nonputrescible wastes, including, but not limited to:
(1) Broken or discarded furniture, household equipment, appliances,_ and
furnishings~ and personal belongings;
(2) Salvage materials and automobile parts, including, but not limited to, tires,
wheels, engine parts, body parts, interior parts and auto glass; and
(3) Abandoned, broken or neglected equipment and machinery.
(d) "Ashes" includes the solid waste products of coal, wood and other fuels used for
heating and cooking from all public and private establishments and from all residences.
(e) "Swill", as used in this chapter, includes every refuse accumulation of animal,
fruit or vegetable matter, liquid or otherwise, that attends the preparation, use, cooking, dealing
in or storing of meat, fish, fowl, fruit, and vegetables, except coffee grounds.
(f) "Health Officer" means an enforcement officer of the Kitsap County Health
Depa~mcntDistrict.
(g) "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.
(i) "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
sticks 'tess4hala~me-four inches in diameter or less and four I~et (g4) or less
in length. Yard waste shall not include any substance otherwise within this definition that has
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Garbage and Refuse
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.
(a) It shall be the duty of every person who owns or is in possession, charge, or in
control of any dwelling, flat, roominghouse, group home, apartment house or other multi-
residential unik hospital, school, hotel, club, restaurant, boardinghouse, or eating place, or who
owns or is in possession, charge or control of any shop, place of business or manufacturing
establishment where garbage, refuse, or swill is created or accumulated, at all times to keep or
cause to be kept portable appurtenances, metal or other approved canscontainers in sufficient
numbers, for the deposit therein of garbag% and refuse, and reo/clables, and to deposit or cause
to be deposited the same therein. Upon request, the garbage collector may provide a solid waste
container larger than the standard garbage container that ma,/be suitable for automated pick up.
Yard waste may be collected at the place where garbage canscontalners are left~ in containers or
bundled so that they will not be scattered by the wind or tipping over of the container and can be
easily picked up by the collector.
containers 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 canacontainers shall be kept in a sanitary condition with the outside thereof
clean and free from accumulative grease and decomposing material. Each can container shall be
kept in a place easily accessible to the garbage truck on collection day and shall be removed
from the city right-of-way between collection days. The property owner and occupant is
responsible for ensuring that the lids are properly secured on the containers and that said
containers are removed from the right-of-way between collection days.
(c) Each garbage can shall be kept clean inside and out so that no odor nuisance shall
exist.
(d) 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
Garbage and Refuse
therefrom may, upon special arrangement with the garbage collector, be otherwise collected,
removed and disposed of. Garbage and swill shall not be disposed of upon private premises by
incineration.
(e) 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 and other multi-residential units, schools and hospitals, and in the business
district.
(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.
(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 properly disposed of by Animal Control and to pay the required disposal fee.
6.04.050 UNLAWFUL DISPOSAL.
(a) It shall be unlawful for any person to bury, burn, dump, collect, deposit, or in any
manner to cause, permit or allow the disposal of refuse upon any street, alley, public place or
private property within the City, otherwise than as provided in this Chapter.
¢-)(b) It shall be unlawful to dump, place, bury, deposit or throw any garbage, oil,
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, oil, grease, offal,
yard waste, brash, tree stumps, branches, tree cuttings, 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 15.02.210 or 15.03.210.
6g)L~ It shall be unlawful to dispose of garbage or rethse 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.
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Garbage and Refuse
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.
City
with
Garbage and Refuse
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Garbage and Refuse
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 week; and from all other places as often as shall
be found necessary, but not less than once a week. All places of business shall have their
garbage removed as frequently as may 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.
6.04.080 SEPARATION OF REFUSE.
The City reserves the right to and may have option to require the separation of paper or
swill or other component parts of garbage, and may require the deposit and/or storage thereof in
separate cans or receptacles or other hard sided closed containers, and may prescribe the methods
of disposal thereof.
6.04.090 APPEALS.
Determinations made by the garbage contractor regarding the frequency of collection or
the size of solid waste containers required of the public may be appealed to the Hearing
Examiner.
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 collector at his own cost.
Every occupant of the property and every owner of the property for which garbage and refuse
Garbage and Refuse
collection and disposal services are rendered shall be responsible for and shall pay, without
delinquency, all charges therefor. The charges shall be paid to the garbage collector at his office
by the 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 shall be deemed delinquent, in the event of
delinquency, any such charge or charges shall be a lien against the 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, provided
notice of such lien is given as provided by law. interest shall accrue upon delinquent accounts at
the rate of $0.50 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 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 refuse. Where a 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 the contract.
6.04.160 PENALTY ................ VIOLATION - PENALTY.
8
$ 81.00,fDay
$212.OO,rDay
Garbage and Refuse
(a) Any violation of any provision of Sections 6.04.040, 6.04.050 and 6.04.080 ol~
this chapter constitutes a civil violation under Chapter 1.04 BMC for which a monetary penalty
may be assessed and abatement may be required as provided therein.
(b) In addition to or as an alternative to any other penalty provided in this chapter or
bv law, any person who violates any provision of Sections 6.04.040, 6.04.050 and 6.04.080 of
this chapter shall be guilty of a misdemeanor pursuant to Section 1.12.020(2) BMC.
SECTION2. Severability. if any one or more sections, subsections, or
sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this Ordinance and the same shall remain in full
force and effect.
SECTION 3. Effective Date. This ordinance shall take efl~ct trod be in force ten
(10) days from and after its passage, approval and publication as provided by law.
APPROVED by the City Council the~L~ day of ~ _, 2002
PASSED by the City Council the ~D~O day of ~~,d~_, 2002
CAROL ARENDS, Council President
Approved this ~ day of ~~,d~ ,2002
CARY BOZEMAN, Mayor
ATTEST:
KATh;L~EN MCCLUSK~EY, City Clerk
APPROVED AS TO FORM:
~~rney
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Garbage and Refuse
PUBLISHED the~ day of
EFFECTIVE the~(~:/O~day of
ORDINANCE NO. z~,~,~
R:\LEGAL\Ordinances\Codc Enforcement\Garbage and Refuse.doc
,2002
,2002
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Garbage and Refuse
'"
AFFIDAVIT OF PUBLICATION
County of Kitsap, State of Washington
No. 100032027
I, Valerie Zoller, being first duly sworn on oath, deposes and says: That she is now, and at all times
embraced in the publication herein mentioned was the principal clerk of the printers and publishers of
THE SUN; that said newspaper has been approved as a legal newspaper by order of the Superior Court of
the County of Kitsap, in which County it is published and is now and has been for more than six months
prior to the date of the publication hereinafter referred to, published in the English language continually
as a daily newspaper in Bremerton, Kitsap County, Washington, and is now and during all of said time,
was printed in an office maintained in the aforesaid place of publication of said newspaper; that the
following is a true text of a legal advertisement as it was published in regular issues (and not in
supplement form) of said newspaper on the following dates, to wit: November 5,2002; and that such
newspaper was regularly distributed to its subscribers during all of said period. That the full amount of the
fee charged for the foregoing publication is the sum 0 $ 9.66 amount has not been paid in full.
(Signature of Principal Clerk)
Subscribed and sworn to before me this day of November 9, 2002
Notary Public in and for the State of Washington, Kitsap County.
SUMMARY OF"
ORDINANCE NO. 4823'
AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Chapter 6.04 of
the Bremerton Municipal Code relating to Garbage and Refuse and the enforcement of code violations
relating to the same including enforcement pursuant to Chapter 1.04 BMC.-
APPROVED by the City Council the 23rd day of October, 2002-
PASSED by the City Council the 30th day of October, 2002-
The full text of this ordinance is available from the City Clerk's Office, 239 Fourth Street, Bremerton,
WA 98337.-
November 5, 2002- - #10003202T