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Home My WebLink About5000 ORDINANCE NO. 5000 AN ORDINANCE of the City Council of the City of Bremerton, Washington, relating to newly annexed properties by amending Sections 6.04.020 and 6.04.040 of the Bremerton Municipal Code regarding the collection, removal and disposal of garbage and refuse and by amending Section 7.05.010 of the Bremerton Municipal Code regarding livestock. WHEREAS, the City of Bremerton is annexing areas to the City; and WHEREAS, some property owners in annexed areas, which have traditionally been more rural in character, have declined collection, removal and disposal of garbage and refuse services, which is mandatory in the City; and WHEREAS, some property owners is these annexed areas have also maintained livestock on their property which is currently prohibited within the City; and WHEREAS, the City Council desires to allow certain property owners to decline collection, removal and disposal of garbage and refuse services and to maintain livestock under certain conditions; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 6.04.020 of the Bremerton Municipal Code entitled "Intent of this Chapter" is hereby amended to read as follows: 6.04.020 INTENT OF THIS CHAPTER MANDATORY COLLECTION. REMOVAL AND DISPOSAL OF GARBAGE AND REFUSE. The maintenance of health and sanitation require, and it is the intention hereof, to make the collection, removal and disposal of garbage and refuse within the City, compulsory and universal mandatory. Property with existing residential uses annexed to the City after January 1, 2007, to which mandatory collection is not being provided on the date of annexation, are exempt from mandatory collection unless ordered to obtain service by the City Hearing Examiner in a code enforcement proceeding due to public health and safety concerns. This annexation exemption applies until such time as title to the property is transferred to a new owner. SECTION 2. Section 6.04.040 of the Bremerton Municipal Code entitled "accumulation and Disposal of Refuse" is hereby amended to read as follows: 1 Annexation- Garbage & Livestock 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 unit, 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 containers in sufficient numbers, for the deposit therein of garbage, refuse, and recyclables, 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 may be suitable for automated pick up. Yard waste may be collected at the place where garbage containers 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. (b) The lids on garbage 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 containers shall be kept in a sanitary condition with the outside thereof clean and free from accumulative grease and decomposing material. Each 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 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) Except as provided in BMC 6.04.020, It--iLshall 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. 2 Annexation- Garbage & Livestock SECTION 3. Section 7.05.010 of the Bremerton Municipal Code entitled "Prohibited Animals" is hereby amended to read as follows: 7.05.010 PROHIBITED ANIMALS. (a) Possession of any creature that is venomous, poisonous, or wild is prohibited. (b) Prohibited animals include, but are not limited to, lions, tigers, bears, monkeys, chimpanzees, gorillas, cougars, mountain lions, badgers, wolves, hybrids, coyotes, fox, lynx, alligators, caiman, crocodiles, or any venomous/poisonous creature; provided, that circuses, zoos, licensed trappers and animal welfare organizations are exempt from this regulation if proper safeguards are taken, as required in the event permitting process, to protect the public and that the animal control authority is notified of their arrival and duration of stay in the city; provided further, that State-registered wildlife rehabilitation centers are exempt from this section with regard to care and rehabilitation of those wild animals that are indigenous to North America. (c) Snakes over seven (7) feet in length are prohibited. (d) Livestock is prohibited inside the Bremerton city limits; provided, i.) that this provision shall not apply to individuals in the process of transporting livestock through the City when such entry into the City is of minimal duration and the livestock are properly secured for transport in a cage or other suitable enclosure, ii.) owners and authorized occupants of property annexed to the City after January 1, 2007, upon which livestock is maintained on the date of annexation, may continue to maintain livestock on the property unless ordered otherwise by the Citv Hearing Examiner in a code enforcement proceeding due to public health and safety concerns. During said time there may not be an expansion of livestock or livestock activity on the property beyond that which existed at the time of annexation. This annexation exemption applies until such time as title to the property is transferred to a new owner. iii.) owners and authorized occupants of property annexed to the City after January 1, 2007 shall be allowed the same number of total household pets as allowed in the County on January 1, 2007 pursuant to KCC, subi ect to the same conditions for maintaining livestock as set forth in subsection (d)(ii) above. SECTION 4. Severability. If anyone 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 5. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. 3 Annexation- Garbage & Livestock PASSED by the City Council the dt..L4:t Approved this (-14:#0.) day of ~.A j'.AJ ATTEST: PA PUBLISHEDtheclJ;Yv day of ~ EFFECTIVE the k-zh day 0[- . ORDINANCE NO. .,5000 ,2007 APPROVED AS TO FORM: ,2007 ,2007 R:\Legal\Legal\Ordinances\Community Development\Annexations - Garbage & Livestock.doc 4 Annexation- Garbage & Livestock . . AFFIDAVIT OF PUBLICATION Account # 42742 / Ad # 195356 STATE OF WASHINGTON COUNTY OF KITSAP I, Sarah Weller, 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 KITSAP 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, a weekly newspaper in 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: , March 27, 2007 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 of $34.26 which amount has not been paid in full. ~~ (Signature of Principal Clerk) Subscribed and sworn to before me this day of March 30, 2007 Notary Publ;, ;n and fo' tbe Stote of W.,hington, K;t~ ORDINANCE NO. 5000 ~~' ",. ~ A::~-';'-'J.MOI\I" - ~~ ,..,<l_~'trc l'~ . ~ . '. ~<"l.\(}!\J. ;':,.-,f>,.f!. 0 ; 0' (l "\~~W'~.. "'<\N"--t~ 0 "" ~" ,,..,.,, f'- '~G / """ 00 ('\ 1 f\ /-,) 1U' -:.p, ~ ~(;. .......J "r'\." '\,.- 0 ~\ en : ~)~ il( .- : . Pu'-" \~-) . --,. , t:l:') b'y ~ 0- s... ~. lr) .,...c: Sj . !;) -<l ~ D .I.. t~i \..) G" 0 , /(('. ". ,..< ;,.'\'-': " OJ. \;\j[l,S0- , "x "\':\s::s:.':.-ssss< AN ORDINANCE ofthe City Council of the City of Bremerton, Washington, relating to newly annexed properties by amending Sections 6.04.020 and 6.04.040 of the Bremerton Municipal Code regarding the collection, removal and disposal of garbage and refuse and by amending Section 7.05.010 of the Bremerton Municipal Code regarding livestock. PASSED by the City Council the 21st day of March, 2007. The full text of this ordinance is available from the City Clerk's Office, 345 Sixth Street, Suite 600, Bremerton, W A 98337. March 27, 2007.........................AD #20034054