HomeMy WebLinkAboutOrdinance 1124 ORDINANCE WMIBER 1121
AN ORDINANCE PROVIDING FOR THE COLLECTION, RF.IiOVAL, AND DISPOSAL OF GARBAGE
AND TRASH !•JITHIN THE CITY OF FAYETTEVILI,E , ARKANSAS ; ASSIGNING A TITLE; DEFI`IING
TERI•0 ; REQUIRING ALL MITERS , OCCUPANTS , TENANTS OR LIMEES OF RESIDENCES , COMERCIAL,
PUBLIC 011 PRIVATE IIISTITUTIO'dS , BUSII:TSS FSTABLISIR•:ENTS , OR CTHER EUILDI'$CS
•JITHIN THE CITY OF FAYETTEVILLE , ARKANSAS ; TO PROVIDE COMPAI?MMS AND RECEPTACLES ;
FIXING tMONTHLY CHARGES TO BE ( LADE TO O.JNERS , OCCUPAiM , TEMAa ITS , OR LESSEES OF
BUILDINGS AND PRMIS"dS RECEIVING THC; SERVICE ; ESTABLISHING THE 'FREQUENCY OF SERVICE ;
PROHIBITING 1A7YCI>u EXCEPT AGENTS OR KIPLOYEES OF THE CITY OF FAYETTEVILLE, ARKANSAS
FROM Z1.1PTYING CONTAIN1FRS OR RECEPTACLES OR TRAIiSPORTING THE CONTENTS ThMEOF ON
Tiff: STREETS 0r+ PUBLIC TIROUGHFARES OF TIM. CITY (IF FAYE t iEVILT• ARKANSP.S WT.^ROUT
COITRACT; LEVYING A PENAMY;_ CHEATING A. SANITATION DF?ART LENT TO IIAKE PERIODIC
INSPE(JTIONS OF BUILDINGS A;`JI) NRE:41ISiZy AND ALL PLAOGS MIL":RE GARBAGE AND TRASH :11A.Y
ACCU2"MIMA" , AM TO 'ENFORCE AND ADI;INISTF.R THE PROVISIONS OF THIS ORDr-IMICE ;
PROVIDI! G A SAVINGS CLAUSE ; FIXING A PEVALTY FOR VIOLATIONS HEREOF ; REPEALING ALL
ORDI;?ANCES IN CONFLIGT ITERa•JITH; AND DECLARING AN EI'!ERGENCY .
1.411EREAS , the accumulation of waste , refuse , garbage , trash, and rubbish on
the praxises of private residences , commercial , public or private institutions ,
business establishments , office buildings , and in or on the streets and alleys
of the City of Fayetteville , Arkansas constitutes a public mena�/ce and nuisance
and greatly increases the danger of the spread of infectious, contagious and
epidemic diseases , and
'rJHEREAS , it is imperative for the preservation of health, safety , sanitation,
peace and public welfare that proper and adequate regulations be adopted to
require property owners , tenants , occupants or lessees to secure containers
and receptacles of sufficient size and material in which to deposit waste ,
refuse , garbage , trash, and rubbish for collection and removal at regular
intervals , and ` (
W11FREAS , the cost of operating the Sanitation Department of the City of
Fayettevi . e , Arkansas has substantially increased since the present rates were
nut into effect in 1951 , and
WIiER "I the continued deficit operations of the Sanitation Department is
detrimental to the financial operations of the City of Fayetteville , Arkansas ,
NOd , THEREFORE, BE IT ORDAINED BY TIM CITY COUNCIL OF TM CITY OF FAYETT3VILLE ,
AFKANSAS :
SECTION 1 . TITLE
1 . From and after its passage and approval, the short title of this
ordinance shall be : "SANITATION ORDINANCE OF THE CITY OF FAYETTEVILLE, l.RKANSAS . "
SECTION 2 , DEFINITION OF TETU*3
1 . As used in this ordinance , unless otherwise required by the context :
( a) The term "sanitation service" shall mean the collection ,
removal , and disposal of waste , refuse , garbage , trash, and rubbish; the
insecticidal fogging, performed by the City of Fayetteville , Arkansas for the control
MiCROFILMED
DATE OCT 9 1918
REEL /
of .flies and other insects d1w1ng the su:u,ler months ; and such other functions
contained herein that are necessary for the preservation of health, safety ,
peace and public welfare .
( b ) The term " garbage" shall mean all rejected food waste , and
include all refuse accumulations of animal , fruit or vegetable' matter that
attend the preparation, use , cooking , dealing in, or storage of meat , fish,
fowl , fruits or =vegetables .
( c ) The term " trash" shall mean refuse other than garbage , such as
broken china , glasTvrare , bottles , paper, tin cans , boxes , and similar matter.
( d ) The term "domestic service" shall mean the collection and removal
of garbage and/or trash from all one-family residences , two family residences ,
apart,aents , apartment houses , and rooming houses ,
( e ) The term "cocLmercial service" shall Crean the collection and
removal of garbage and/or trash fro.: all co:rmercial , public , or private
institutions , fraternity and/or sorority houses , business establishmonts , office
buildings , and any or all other buildings or portions thereof , occupied and/or
used for any other purpose not herein stated .
( f ) The term "person" shall include natural persons, firms, partner=
ships , associations , corporations , organizations , or societies , the masculine
shall include the feminine and neuter genders , and the singular the plural .
( g } The term " faAIV " shall mean one or more individuals- living as
a single housekeeping unit .
( h) The term " ones=family residence" shall, mean a building or structure
having accomodations for, and occupied by one family,
(i} The term ° twodfaruly residence" shall mean a building or structure
having separate cz'comn:odations for, and occupied as a duelling by tiro families .
( j ) The term " apariment" shall mean a raon: or suite of rooms arranged ,
designed or occupied by a family, and shall. al..;o meae a vuhordinate dwelling
occupied as a garage apartment or a servant9s quarters .
( k) The term " apartment house" shall mean s building or structure or
portions thereof , or building arranged , designed , or occupied by three or more
families .
( 1 ) The term " rooming house" shall :Wean a building or structure or
portions thereof , where ten ( 10 ) or more persons are lodged for compensation ,
and no prolri.sion is made for cooking in any individual room .
' SECTIOPI 3 . GODAGE AND TRASH RECEPTACUS
1 . Each owner, occupant, tenant or lessee using or occupying an
house , building , structure , or portions thereof , for a residence , commercial ,
public or private institution, fraternity and/or sorority house , business
establishment , office , or for any other purpose , shall provide and maintain
garbage receptacles of sufficient nwiber and size to contain the garbage that
will accumulate on the premises .
� �zo
( a ) The receptacle or receptacles for garbage shall be portable ,
wiUi handles and constructed of galvanized metal or equivalent in such a riaaner
as to be strong , not easily corrodible . :od: nt
proof, £ly-proof , grater prcof9
and shall have a ti.ghi:�•fittin ; lid or cover.
(b ) The receptacle or receptacles for garbage shall be of not
less than tsn ( 1.0 ) nor more than fifty ( 50 ) gallon capacity .
( c ) _•Io liquid garbage shall be deposited with any garbage or
trash. 3itchen garbage ' and any or all wet garbage shall be drained of all
moisture and wrapped in paper before being placed in the garbage receptacle .
( d ) Receptacles for garbage not in accordance with the provisions
contained herein shall have condemnation labels attached and contents will not
be collected on the next sarvice trip following condemnation..
2 . Lach owner, occupant , terart or lessee using or occupying amr
house , building , structure . or portions thereof, for a residence , commercial ,
public or private institution, fraternity and/hr sorority house , business
establish.e nt , office , or for any other purpose , shall prat-ride and maintain
a container or receptacle for the accumulation of trash, and such container or
receptacle shall be of tuch. .construction and design that it can be maintained
in a sanitary condition .
( a ) If the trash is of such a nature that it cannot be placed
in the container or receptacle , it shall be placed beside the container or
receptacle in bun(;les or boxes under fifty ( 5O ) pounds in weight .
(b )l No trash container nr recoptacle shall. be filled to contain
:.ora than seventynfise poaxds ( 75 lbs . ) .
( c ) All containers or receptacle<� shl.11. ; • located and maintained
ao as not to create a fire hazard , or provide harborage for rodents , or the
breeding of insects .
3 . Each (rdner , occupant, tenant or lessee shall place or cause to
be placed , the garbage and trash receptacles at a point on the premises where
the collectors can conveniently have access to sane .
Lt . Garbage and trash may be placed in the same garbage receptacle ,
provided , that all the provisions as contained in this ordinance are complied
Frith.
SECTIOAI Is DOMESTIC SERVICE AND CHARGES
1 , Garbage and/or trash shall be collected and removed from each of
the categories as contained in Table ;lumber One at least twice each week .
2 . The charges shown adjacent to the respective categories in Table
Nusgber One shall be the charges for the Sanitation Service ,
_3_ . .
Table ";umber One
Descript:i�onlonthl�-- Charge
( a ) Oneafanily residence :1 . 00
(b ) Ttao�£amily residence on one water iaeter :12 . 00
( c ) `f .Toafaiaily rasidence on separate wets" meters ; 1 , 00 each unit
( d ) One�fa:nily residence and one apartment on one
water meter ;2 ,00
( e ) Ornc�family residence and one epart.lient on
separate water meters x1 . 00 each unit
( f ) Apartment house containing three or more
units on one water toter • . 75 each unit
( g ) Apart:aent house containing three or core t
units and each unit on a separate. watei' mater . 75 each uni'c
( h ) Rooming houses 310100
3 . The monthly charges herein provided for shall be included on the
bill rendered ;so^ethly to each aser of City plater, and it shall be the duty of
each v ner , occupant, tenant or- lessee to pay the charges herein provided for
on or before tate 10th day of each taonth at the same time and in the same
canner provided for the payment of water bills .
SECTION 5 . CO �'iCRCIAL SrrZVICR Al'D CMRGPS
1 , The frequency that the garbace and/or trash shall be collected
and remove-d , and the charges for the Sanitation `iervica are contained In Table
Number Ttio ,
Table Number Two
Frequency of Service 11.11onthly Charge
( a ) Daily service ( except Sundays and ]Holidays ; 9 . 00
( b ) Three ( 3 ) times a week service „•1 . 50
( c ) Two ( 2 ) tines a :-reek service 33 . 00
( d ) One ( 1 ) time a week service ';1 . 50
2 , The owner, occupant , tenant or lessee being served shall have the
right to designate the numbnr of calls per week which in his judgeMent are
required in order to keep the premises in a sanitary condition and free from
fire hazard , and the rate charged shall be determined by the number of weekly
calls made . Provided however , that in the event the number of calls per week
as fired by the owner , occupant; tenant or lessae being served is insufficient
to keep the premises in a sanit^ry condition and free from fire hazard , additional
service may be rendered at the requ :st of the i ayor, the City Health Officer ,
the Sanitation Oo uaittee , or tf:e; Fire Chief , as the case may be , and the charge
for such additional service calls shall bn added to the charge originally
designated by the en!=.er , occupvnnt, tcu_ant or lessee , and collected in the same
!aanrter as if the o;•sner, occupant , te.:uht or lessee had designated the additional
service calls as necessary .
3 . In the event that the City of Fayetteville , Arkansas, is not
receiving a fair return from the monthly charges contained in 'fable '_cumber Two
for the Sanitation Service , a contract deviating from the montIDl.y charges contained
in Table Nu ber Two shall be negotiated with the owner, occupant , tenant or
lessee receiving the Sanitation Service ,
4 , For the purposes of negotiating any contract herein provided for ,
the Iayor and Sanitation Cor_mittee with approval of the City Council are hereby
authorized to execute such contract or contracts as may be necessary to fulfill
the provisions of this ordinance .
5 . In no instance shall 'the monthly° charges as contained ir. Table
"dumber Two be deviated from except , where a ,written contract has been negotiated ,
or such other contract or contracts as the i;ayor and the Sanitation Committee
with approval of the City ,Council have authorized and approved ,
6. The ,aonthly charges herein provided for shall be included on the
bill rendered monthly ' to each user of City Water , or, such :aonthly charges may
be billed by any other practicable means of collection , and it shall be the
duty of each owner, occupant, tenant or lessee to pay the monthly charges
herein provided for on or before the 10th day of each month at the sane time
and in the sena manner provided for the payment of water bills .
SECTIO d 5 . GO!nnVCT TO COLLECT AND R?s'r;OVG
1 . No person except a duly authorized agent and/or employee of the
City of Fayetteville , Arkansas , shall eiapty garbage and/or trash receptacles ,
or convey or transport garbage and/or trash on the streets or public th°rough�
fares of the City of Fayetteville , Irka.nsas ; wia,leut a 1'rritten contract with
the City of Fayetteville , Arkansas ,
SECTION 6 . GENERAL YROVISIO:i
1 . In the event that the monthly charges herein provided fare not;
paid on or before -the lOth day of the month *Then due , a penalty of ten, percent
( j0%) is hereby lov_Led . Such penalty shall become a part of and be collected
with the regular monthly charges heretofore levied .
2 . If the Sanitation Service provided for Iisrein is extended to
include owners , occupants , tenants or lessees of residences , commercial , public ,
or nrivate institutions , business establishments , and any or all other buildings
or structures occupied and/or used for any other purpose not herein stated ,
and located outside the corporate limits of the City of F&yettcvill.e , Arkansas ,
such service shall be subject to all the provisions of this ordinance , and in
addition a charge of fifty per cent ( '7% ) shall be added to the monthly charges
herein provided for .
3 . The monthly charges prescribed by this ordinance shall be reduced
one�half ( s ) if collection and removal -erJi.ces ace or will be rendered not to
exceed fifteen ( 15 ) days durinf* the calendar month.
!G . It shall be the duty and the responsibility of the City Official
or employee charged with the .responsibility of billing and collecting the charges
I
erein provided for, to notify the City Attorney in writing of any and all
accounts delinCaent in payment of the charges herein provided for in excess of
thirty ( 30 ) days ,
$ . It is distinctly provided that this ordinance does not in aaly
way require nor obligate City [3mployees or City trucks to collect and remove
refuse or debris resulting from construction on property where buildings are
being repaired , remodeled , razed , or are under construction, nor to collect
and remove wood and limbs resulting from the removal of trees on private
property, nor to clean out incinerators , nor to render any other service
unless so contained in this ordinance .
6 . ;Mineral wastes , manufacturing or processing wastes shall not be
considered garbage or trash as defined or outlindd.. in this ordinance . The
service of collecting, removing, and disposing of mineral wastes , manufacturing
or processing wastes shall not be rendered by the City of Fayetteville , Arkansas ,
unless .a written contract betreen the owner, occupant, tenant or lessee
desiring the service and the City of Fayetteville , Arkansas , has been negiotated >
7 . From and after the passage and approval of this ordinance :
(a) It shall be deemed a violation of this ordinance for any
person to burn any garbage except in incinerators that have been approved by
the Health and Fire Departments of the City of Fayetteville , Arkansas .
( b ) It shall be deemed a .violation of this ordinance for a1W
parson to dump or thrcr=, garbage and/or trash .or accumulation:, o£ the same on
any va:;ant, lot , street or public t1&oug1%£are in the City of Fayetteville ,
Arkansas ,
8 . Any and all e;cerapt- ions from the payment of the monthly ci:arges
herain provided for shall be ;ranted by the City Council of the City of
Fayetteville , ;hrkar_sas , and only upon the recommendation of the 74ayor and
Sanitation Committee shall any exemption be considered .
9 . All juric and other material placed on the City of Fayetteville ,
Arkansas, disposal area shall be the property of the City of Fayetteville ,
Ar'riansas , and no person shall be aller7ed to separate and collect , carry off
or dispose of same except under the .iritten direction of the i-tayor .
SECTION 7 , SAT411TATION D JPARTicOrn
1 . In order to satisfactorily collect and remove garbage anci/or trash
and accomplish the other purposes of this ordinance , there is hereby created a
Sanitation Department for the City of Fayetteville , Arkansas .
2 . The Sanitation Department shall be under the direction of the
;Mayor and Sanitation Committee of the City Council, who , in,'turn shall be
subject to the general direction of the City Council of the City of Fayetteville ,
Arkansas ,
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3 . The :.iayor and Sanitation Committee Shall make or cause to be :made
regular inspections or special inspection of all premises , alleys , vacant lots
and/or properties in the City of Fayetteville , Arkansas , for any unsanitary or
unsafe conditions existing thereon.
( a ) Inspectors employed by the Health Department , Sanitation
Department, and/or Fire Department shall have the duty of notifying the owner,
occupant , tenant or lessee thereof of any unsanitary or unsafe condition
existing thereon,
(b ) Within thirty ( 30) days after such notice , it shill be the
duty of the owner, occupant, tenant or lessee of f:ch premises io immediately
cause the removal of such unsanitary and unsafe conAd tions .
( c ) If the owner , occupant, tenant or lessee fails to obey such
notice and continues to maintain an unsanitary and unsafe condition, such
person shall be deemed in violation of the provisions of this ordinance and
shall be fined as hereinafter set out.
4 . The Mayor and Sanitation Committee with the consent and approval
of the City Council shall have the. authority to establish rules , regulations ,
and/or policies to clarify or enforce the provisions of this ordinance .
SECTIO a . PFOUL CLAUSE
1 . From and after its passage and approval, any person violating
any of the provisions of this ordinance shall be deemed guilty of a misdemeanor
and upon conviction thereof shall be fined in any sum not less than Twepnty�£ive
Dollars ( 25 . 00 ) . Each day that such violation continues shall constitute a
separate offense and shall be punishable in any amount not exceeding Fifteen
Dollars ( ;;15: 00 ) per day .
SECTIOU 9 . SAVINGS CAUSE
1 . If any section, subsection, sentence , clause or phrase of this
ordinance is for aqv reason declared unconstitutional or invalid , such decision
Shall not affect the validity of the remaining portions of this ordinance .
SECTION 10 . REPEAL
1 . Ordinance ?lumber 920 and Ordinance Number 991 are hereby specifically
repealed , and all other ordinances or parts of ordinances in conflict with the
provisions of this ordinance are hereby repealed .
SECTIMI 11 . E,"•".ERUNCY
1 . Whereas an immediate necessity exists to provide for a sanitary
method of storage , collection and disposal of waste , refuse , trash, and/or garbage ;
therefore , in order to protect the public health, peace and safety , an emergency
is hereby declared to exist, whereby this ordinance shall be in full force and
effect from and after its passage , approval and publication.
PASSZD AND APPROVED THIS a^ = day of February, 1957 .
Roy A . Ott', t• ayon
Ueoree J.llavi's'7ity _eek �7a
