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HomeMy WebLinkAboutOrdinance 1194 ORDINANCE NO, 1194 AN ORDINANCE PROVIDING FOR THE COLLECTION, REMOVAL, AND DISPOSAL OF GARBAGE AND TRASH WITHIN THE CITY OF FAYETTEVILLE, ARKANSAS; ASSIGNING, A TITLE, DEFINING TERMS; REQUIRING ALL OWNERS, OCCUPANTS, TENANTS OR LESSEES OF RESIDENCES, COMMERCIAL, PUBLIC OR PRIVATE INSTITUTIONSe BUSINESS ESTABLISHMENTS, OR OTHER BUILDINGS WITHIN THE CITY OF FAYETTEVILLE , ARKANSAS TO PROVIDE CONTAINERS AND- RE - CEPTACLES; FIXING MONTHLY CHARGES TO BE MADE TO OWNERS, OCCU- PANTS, TENANTS, OR LESSEES OF BUILDINGS AND PREMISES RECEIVING THE SERVICE; PROHIBITING ANYONE EXCEPT AGENTS OR EMPLOYEES OF THE CITY OF FAYETTEVILLE, ARKANSAS FROM EMPTYING CONTAINERS OR RE- CEPTACLES OR TRANSPORTING THE CONTENTS THEREOF ON THE STREETS OR PUBLIC THOROUGHFARES OF THE CITY OF FAYETTEVILLE, ARKANSAS WITHOUT A CONTRACT; LEVYING A PENALTY; CREATING A SANITATION DEPART - -MENT TO MAKE PERIODIC INSPECTIONS OF BUILDINGS AND PREMISES, AND ALL PLACES WHERE GARBAGE AND TRASH MAY ACCUMULATE AND TO EN- FORCE AND ADMINISTER THE PROVISIONS OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE ; FIXING A PENALTY FOR VIOLATIONS HEREOF ; REPEALING ALL ORDINANCES IN . CONFLICTHEREWITH; AND DECLARING AN EMERGENCY, AS AMENDED, WHEREAS , the accumulation of waste , refuse , garbage , trash, and rubbish on the premises 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 menace and nuisance and greatly increases the danger of the spread of infectious , contagious and epidemic diseases , and WHEREAS , 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 WHEREAS , it has been demonstrated that the sanitation fees , especially for , commercial establishments as set up in Ordinance 1124 in 1957 are grossly inadequate to meet the rising costs and demands placed on the Sanit:,tion Department, and WHEREAS, the continued deficit operations of the ,Sanitation Department is det- rimental to the financial operations of the City of Fayetteville , Arkansas ,, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: 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, ARKANSAS , " MICROFILMED DATE OCT 9 1978 REED SECTION t . DEFINITION OF TERMS 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 of flies and other insects during the summer 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 includes all refuse accumulations of animal, fruit or vegetable matter that attends the pre- paration, use , cooking , dealing in, .or, storage of meat, fish, fowl, fruits or veg - stables .' (c) The term "trash" shall mean refuse other than garbage , such as broken china, glassware , 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- ments , apartment houses . rooming houses , and boarding houses , (e) The term "commercial service " shall mean the collection and removal of garbage and/or trash from all commercial, public , or private institutions , fraternity and/or sorority houses, business establishments , office buildings , and any or all other buildings or portions thereof, occupied and/or used for any other purposes not herein stated, (f) The term "person" shall include natural persons . firms, partnerships. associations , corporations , organisations , or societies ; the masculine shall include the. feminiae and neuter genders , and the singular the plural. (g) The term "family" shall mean one or more individuals living as a single housekeeping unit. (h) The term "oae4amily residence " shall mean a building or structure having accommodations for , and occupied by one . family, (i) The term "two -family residence" shall mean a building or structure having separate accommodations for , and occupied as a dwelling by two families . (j) The term "apartment " shall mean a room or suite of rooms arranged. designed or occupied by a family, and shall alto mean• a subordinate dwelling occupied as a garage apartment or a servant°'s quarters . (k) The -term "rooming house " shall mean a building or structure or portions thereof, arranged, designed, or occupied by three or more families . (1) The term "rooming house " shall mean a building or structure or portions thereof where five ( 5) or more persons are lodged for compensation and no pro- vision is made for cooking in any individual room, (m) The term "boarding house " shall mean a building or structure or por - tioae, thereof where five ( 5) or more persons are fed, mere or less regularly, for compensation. SECTION 3 . GARBAGE AND TRASH RECEPTACLES 1 . Each owner , occupant, tenant or lessee using or occupying any house, build= ing, structure , or portions thereof, for a residence , commercial, public or pri - vate institution, fraternity and/or sorority house , busimass establishment , office or for any other purpose, shall provide and maintain garbage receptacles of sufficient number and size to contain the garbage that will accumulate on the premises , (a) The receptacle or receptacles for garbage shall be portable , with handles , and constructed of galvanized metal or equivalent in such a manner as to. be strong , not easily corrodible , rcdeut•proof, fly-proof, water -proof, and shall have a tightfitting lid or cover . (b) The receptacle or receptacles for garbage shall be of not less than ten ( 10) nor more than fifty ( 50) gallon capacity . (c) No liquid garbage shall be deposited with any garbage or trash. Kitchen 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 nt3xt service trip following condemnation.. 2 . Each owner, occupant, tonant., or lessee. using os occupying any house, buil& ing , structure , or portions thoroof, for a residence , commercial, public or pri- vate institution, fraternity and/or sorority house ,. business establishment, office , or for any other purpose , shall provide and maintain a container or receptacle for the accumulation of trash, and such container or receptacle shall be of such coni struetion 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 bundles or boxes under, fifty ( 50) pounds in weight , (b) No trash container or. receptacle shall be filled to contain more than seventy five ( 75) pounds , (cj All containers or receptacles shall be located and maintained so as not to Create afire hazard, or provide harborage for rodents , or the breeding of insects . 3 . Each owner , occupant, tenant or lessee shall place or cause to be placed, the garbage and trash receptacles at a point on the premises where the collector@ can conveniently have access to same , but in no case more than 50 normal steps distant from a convenient stopping point of the collection truck. 4. Garbage and trash may be placed in the same garbage receptacle , provided that all the provisions contained in this ordinance are complied with . SECTION 4. DOMESTIC SERVICE AND CHARGES 1 . Garbage and/or trash shall be collected and removed from each of the cate- gories as contained in Table Number One at least twice each week unless other - wise authorized by the Sanitation Committee of the City Council. 2. The monthly charges shown adjacent to the respective categories in attached Table Number One shalt be the charge for domestic sanitation service . TABLE NO, ONE Description (a) One - family residence $ 1 . 00 (b) Two-family residence an one water meter 2000 (c ) Two- family residence on separate water meters 1 . 00 each unit (d) One - family residence and one apartment on one 2 . 00 water meter (e ) One - family residence and one apartment on sep- 1 . 00 each unit crate water meters ( f) Apartment houses containing three or more units . 75 ea. unit twice weekly on one water meter service 1 . 50 ea. unit for daily service (g) Apartment houses containing three . or more units . 75 ea. unit for twice and each unit on a separate water meter weekly service 1 . 50 ea, unit for daily service (h) Rooming houses , five ( 5) or more roomers for . 15 per month per occupant - compensation capacity including owner and his family minimum $2 . 00 .(i) Boarding houses five ( 5) or more boarders for . 20 per month per boarder compensation capacity including owner and his family minimum $3 . 00 (j) All units in any one apartment house shall be serviced and charged. for .on the same basis , i . e . either .all units on twice weekly service or all on daily service . 3 . The monthly chargee herein provided for shall be included in the bill rendered monthly to each user of City Water , or such monthly chargee 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 chargee herein provided for on or before the 10th day of each month at the same time and in the same manner provided for the payment of water bills . 4. If the customer chooses to keep his garbage and trash container more than 50 normal .steps from a convenient stopping point for the collection truck, he may continue to receive service only by paying an extra $ lA0 per month "convenience charge " . SECTION 5 . COMMERCIAL SERVICE AND CHARGES 1 . The basis upon which commercial sanitation charges shall be determined is outlined in attached Table Number Two. TABLE NO. TWO (a) Eating Places a . Ice cream and soft cream drive inns $3 . 00 per month b. Ice cream and soft cream drive inn where tables , So 00 per month seats , and /or entertainment cc Taverns and/or liquor stores 3 . 00 per month d . Restaurants , cafes , etc . , open 20 days or more per month 1 . Under 20 chairs rminimum charge) 5 . 00 per month 2 . 20 to 30 chairs 7 . 50 per month 3 . 31 to 50 chairs 10 . 00 per month 4. Over 50 chairs 20600 per month (b) Organized Houses 15fi per month per occupant capacity, minimum charge ' 3 . 00 per month (c ) Motels and Trailer Coarcts , where garbage and trash is located at one central collection point . a. Lass than 20 unite $4. 00 per month. b. More than '7.0 unite $7 . 50 per month . c . If garbage and trash is not located atone central collection point, charge shall be $ 1 . 00 per month per unit serviced, with minimum charge for remaining units , if any, in the court computed as set forth in a and b above . (d) Filling Stations and Bulk Oil Plants $30 00 per month (e ) Super Markets Charge based on time spent in serv=icing as outlined in section "1 " i with a minimum charge of $ 10 . 00 per month for each super market. -b - (f) Utility Offices a, $9 . 00 per month main office b. $4. 50 per month each warehouse or subsidiary office (g) a. Clinics $ 10 . 00 per month . b . Hospital $30 . 00 per month. c . Beauty & Barber Shope , 4 or less operators $2 . 00 per month if brought to street level. More than 4 operators $3 . 00 " it d . Cleaning & Pressing Shope , $3 , 00 per month (h) a. Auto Dealer and Garage $6 . 00 per month b. Repair Garage $3 . 00 per month c . Used Car Lots whether or not a part of another business $2 . 00 per month ( i) a. Grocery Stores charge based on time spent in serving as outlined in Section "1" , with minimum charge of $2 . 00 per month. b. Drug Stores charge based on time spent in servicing as outlined in Section "1" , with minimum charge of $ 5 . 00 per month . c . Merchants charge based on time spent in servicing as outlined in Section "1" , with minimum charge , of $2 . 00 per month. (j) Individual Small Offices a. Street level pickup $2. 00 per month b. Above 'stieet level. pickup $4. 00 per month. (k) Office buildings (all trash at one outside street level location) a. Each street level business not billed otherwise $3 . 00 per month b . Plus each additional office not billed otherwise $ 1 . 00 per month 1 . Any service stop except those specifically classified. otherwise above . shall be billed on the basis of 15� per minute at stop times number of stops per month with minimum charge of $2 . 00 per month. Time shall be determined on basis of average of not less than three stops . 2 . The monthly charges herein provided for shall be included on the bill rendered monthly to each user of City Water , or such monthly charges may be billed by any other practicable means of collection , and it shall' be the duty of each owner , occ - upant. tenant or lessee to pay the monthly charges herein provided for on or be - fore the 10th day of each month at the sante time and in the same manner provided for the payment of water bills . SECTION 6 . APPEAL .FOR ADJUSTMENT OF RATES 1 . Appeal for adjustment of rates set forth in this ordinance may be directed in writing at any time to the Sanitarian to be presented to Sanitation Committee for consideration at a meeting called for such purpose quarterly. Notice of time and place of such meeting shall be furnished each complainant in advance . If de - cision reached by Sanitation Committee is not satisfactory to the, complainant, he may then appeal directly to the City Council. - 7 SECTION 7 . CONTRACT TO COLLECT AND REMOVE 1 . No person except a duly authorized agent and/or employee of the City of Fayetteville , Arkansas , shall empty garbage and/or trash receptacles , % or convey . or transport garbage and/.or trash on the streets or public thoroughfares of the City of Fayetteville , ATltansas , without a written contract with the City of Fayette- . ville , Arkansas . 2 . Any person contracting to collect or haul garbage or trash within the limits of the City of Fayetteville , Arkansas ,- shall deposit everythingcollected or hauled (except that part of the garbage intended for livestock feed) on the City disposal grounds where and as directed by the Sanitation Foreman or his deputy and during such time as the grounds are normally open and available for use . 3 . A charge of 2010 of the estimated cost to the city for doing the collecting and hauling cont acted for , shall be imposed upon the contractor each month payable in advance . Further , he shall deposit with the City Businese Office the sum of $100 . 00 to insure payment to the city for any help he may require is emergencies . Such ,help, if available without disruption of the City' s 'own work, shall be furnished him on request at a cost of $ 10. 00 per . hour for each truck and crew . Such charge shall be made against the contractor ' s deposit left at thwBusiness Office . When, and if, the original deposit is reduced by charges against it to $25. 00 , it shall immediately be brought up again to the original amount or the contract shall be immediately declared terminated and the city shall take over the work. imposing such charges as in .the opinion of . the Sanitation Committee of the City Council. with the advice of the Sanitarian, ar_d/or the Sanitation Foreman will adequately cover the cost of the work. Such charges to be subject to the approval of the City Council. 4. Any contract to collect or haul garbage or trash within the City of Fayetteville, Arkansas , shall be cancellable on 10 days notice by the city, when in the opinion of the Sanitation Committee of the CityICouncil of Fayetteville . A'rkansasi the work is being done in an unsatisfactory manner , or in such away as to constitute a public menace , or nuisance , or to be detrimentalto the appearance. of the City of Fayetteville , SECTION 8 . GENERAL PROVISIONS . 1 . In tho event that the monthly charger, herein provided for are -not paid on or before the 10th day of the. month .when due . a penalty of ten per cent ( 10%) is here- by levied. Such penalty shall become a part of and be collected with the regular monthly chargee heretofore levied. ' 2 : if the Sanitation Service provided for herein is extcmded to include owners . . 'occupants , tenants or lessees of residences , commercial , public . or private 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 Fayett_villo , Arkansas , such service shall be sub= ject to- all the provisions of this ordinance , and in addition, a charge of My per cent ( 50%) shall be added to the monthly charges herein provided for . 3 . It shall be the duty and the responsibility of the City Official or employee charged with the responsibility of billing and collecting the charges herein pro. vided for , to notify the City Attorney in writing of any and all accounts delinquent in payment of the charges herein provided for in excess of thirty ( 30) days . 4. It is distinctly provided that this ordinance does not in any way require nor obligate City Employees or City trucks to collect and remove refuse or debris resulting from construction on property where buildings are being repaired, re - modeled, 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 , 5 . Mineral wastes , manufacturing or processing wastes shall not be considered garbage or trash as defined or outlined in thio ordinance . The service of collect- ing . removing , and disposing of mineral wastes , manufacturing or processing wastes shall not be rendered bilthe City of Fayetteville , Arkansas, unless a written contract between the owner , occupant, tenant or lessee desiring the service and the City of Fayetteville , Arkansas , has baaa negotiated. 6 , From and after the passage and approval of this ordinance :. a. It shall be .deemed a violation of this ordinance .for any person to dump or 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 any person to dump or throw garbage and/or trash or accumulations of the same on any vacant lot, street or public thoroughfare in the City of Fayetteville , Arkansas . 7 . Any and all exemptions from the payment of the monthly charges herein pro - vided for shall be granted by the City Council of the City of Fayetteville . Arkansas , andonly upon the recommendation of the Sanitation Committee shall any exemption be considered, S . All junk and other material placed on the City of Fayetteville , Arkansas disposal area shall be the property of the City of Fayetteville , Arkansas . and no person shall be allowed to separate and collect,, .carry off or dispose of same ex- cept under the writien directionof the Mayor . 9 . In. case of uncertainty, contradiction, or duplication of rates quoted in this ordinance , the higher rate shall control . SECTION 9 . SANITATION DEPARTMENT 1 ; In order to satisfactorily collect and remove garbage and/or trash and ac - complish the other purposes of this ordinance , there is hereby created a Sanitation Department for the City of Fayetteville , Arkansas . _9- 2 . The Sanitation ,Depasttrient shall be under the direction of the Mayor and Sanitation Committee of the City Council, who, in turn shall be subject to . the gen- eral direction of the City Council of the City of Fayetteville , Arkansas . 3 . The Mayor and Sanitation Committee shall make or cause to be made regular inspections or special inspection of all premises , alleys , vacant lots and/or pro. parties in the City of Fayetteville , Arkansas , for any unsanitary or unsafe con- ditions 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 forty-eight (48 ) hours after such notice , it shall be the duty of the owner , occupant, , tP.nant or lessee of such premises to submit evidence acceptable to the City Sanitarian that arrangements have been made by said owner ., occupant, tenant or lessee to cause the removal of such unsanitary and unsafe conditions , within thirty ( 30) days from the date of receipt of such notice from the City Sanitarian. c C . If the owner , occupant, tenant or lessee fails to obey such notice and' continues to maintain an unsanitary and unsafe condition, such person ohall be deemed in violation of the provisions of this ordinance and shall be fined.-an here; inafter eat 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 pol- icies to clarify or enforce the provisions of this ordinance . SECTION loo PENAL 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 sun not less than Fifteen ( $15 . 00 ) Dollars . Each day that such violation continues shall constitute a separate offence and, shall be punishable in any amount not exceeding Fifteen ($ 15. 00 ) per day. SECTION 11 . SAVINGS CLAUSE 1 . If any section, subsection, sentence , clause or phrase of this ordinance io for any reason declared unco'notitutional or invalid, such decision shall not affect the validity of the remaining portions of this ordinance. SECTION 12. Repeal 1 . Ordinance Number 920 , Ordinance Number 991 and Ordinance Number 1124 are hereby specifically repealed, and all other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. 40 - SECTION 13 . EMERGENCY 1 . Whereas an irnmediete ner_ .ssity exists to provide for a sanitary method of storage, collection and disposal of waste , .refuse , trash, and/ or garbage ; there- fore,. in order to protect the public health , peace sad safety, an emergency io hereby declared to erist, whereby this ordinance shad be in full force and effect from and after its passage , approval end pL3blication. PASSED AND APPROVED this nth day of April, 1959 . APPROVED: J. AUSTIN P R[SH, MAYOR ATTEST; GEORGE DAVIS, CITY CLERKS LEGAL NOTICE- d LEGAL NOTICE- LEGAL NOTICE_ terial in which to deposit waste. threeo`q more units on one water opinion of ,the Sanitation: .Com- refuse, garbage, trash, and rubbish meter - -.75 ea. unit twice weekly mittee of the City Council, with the for collection and removal at regU- service. - $1.50 ea. .unit for daily advice of the Sanitarian, and/or the lar intervals, and service. Sanitation Foreman will adequate. .WHEREAS, it has been demon- (g) Apartment houses containing ly cover the cost of the work.,Such strated that the sanitation .Fees, three or more units and each unit charges to be subject to the::ap. especially for commercial estab- on a separate water meter _ .75 ea. proval of. the City Council. . . lishments as set up in Ordinance unit for twice weekly service - 4, Any contract to collect or haul 1124 in 1957 are grossly Inadequate $1.50 ea. unit for daily service. garbage or trash within the City of to .meet the rising costs and ' de- (h) Rooming houses, 'five (5) or Fayetteville, Arkansas, shall., be mends placed on the Sanitation De- more roomers for compensation - cancellable on 30 days notice' by partment, and 11 15 per month per.occupant capacity the - city. when 1n the opinion of WHEREAS, the continued deficit including owner and his family the Sanitation 'Committee of 'the operations of the Sanitation De- minimum $2.00. City Council of Fayetteville, ;,4r- partment is detrimental to the ft (I) Boarding houses five (5) or Images, the work is being I done. in ' nancial operations of the City of more boarders for compensation - an unsatisfactory , manner, or In 1 Fayetteville, Arkansas, 20 per conth per boarder capacity such a way as to constitute a: pub NOW, THEREFORE. BE IT OR. including owner and his family lic menace, or nuisance, or to be DAINED BY THE CITY COUNCIL minimum $3.00. OF THE CITY OF FAYETTEVILLE, (j) All. units in any one apart- detrimental to the appearance ,of ARKANSAS: ment house- shall be serviced and the City Fayetteville. lle. SECTION 1. TITLE charged for on- the same basic, I.e. SECTION ' S. GENERAL PROVI- B 1. From and after its passage and either all units .on twice weekly IONS approval. the short title of this or- service or all on daily service. In the event that the monthly dinance shall be: "SANITATION 3. The monthly charges herein charges herein provided for ere not ORDINANCE OF THE CITY OF provided for sball be included in paid on or before the 10th day of FAYETTEVILLE, ARKANSAS." the bill rendered monthly to each the month when due, a penaevied. I 1 user of City Water, or such month- ten per cent she 1s hereby levied. SECTION 2. DEFINITION OF I TERMS ly charges may be billed by any Such penalty acted become a,regu- part 1. As used in this ordinance, un- other practicable means of collet- ]a and nt collected with the heretofore less otherwise required by the con- D ler monthly chargee heretofore tion, and it shall ' the duty of levied. . . text: each owner, occupant. tenant in 2, if the Sanitation Service pro- (a) The term "sanitation sere" lessee to pay the charges herein lded' £or herein is extended to- in- tee" shall mean the collection, re- provided for on or before the 10th celude owners. occupants, tenants moval, and disposal of waste, ref- day of each month at the same or lessees. of residences, - comiiicr- use, garbage, trash, and rubbish; time and in the same manner pro• brat public, or private institutions. the insecticidal foggFayetteville, performed bided for the payment of water business establishments, strucany tures by the City of Fayettevttle. Arkan- bills. or all other buildings or structures sus, for the control Of flies and 4 H the customer chooses to keep occupied and/or used for any other other insects during the summer his garbage and trash container purpose not herein stated, erHs limits months; and such other functions more than 50 normal steps from hated outside the corporate limits contained herein that are Hetes• convenient stopping point for the of the City of Fayetteville, Arkansan safe for the preservation of health, collection truck, he may continue I 1 safety, peace and public welfare. such service shall be subject to all (b) The term "garbs e" shall a 'receive service only by paying the provisions of this ordinance and g ie extra r$1.00ge" yqr month "craven- cent addition, a charge of fifty':per mean all rejected {rod waste, and fence charge". cent lay c ashallrges be added truce includes , refuse accumulations SECTION S. COMMERCIAL SER- monthly charges herein provided ' of animal, fruit or vegetable. mat , VICE AND CHARGES for, ter that attends the . or storage 1, The basis upon which ll be de- 3, It shall be the duty and the use, cooking; dealing in, or storage teal sanitation charges 'in ata de- or. amployee of the City Official to meat„fish, fowl fruits or begs- terminad ffi outlined in attached Or. employee charged with lle' res- tables. . Table Number TWO. 1 (c) The term "trash" shall mean - TABLE NO. TWO Ponsibiltty of billing and collecting the charges herein provided for. to refuse other than garbage, such as (a) Eating Places broken china, glassware, bottles, a.- Ice cream and soft drink notify the City Attorney do writing paper, tin cans, boxes, and similar inns - $3.00 per month. of pay en til accounts ges herein matter; - - b. Ice cream and soft 'c[eam pr payment of the charges herein (d) The term "domestic service" provided for in excess of thirty shall mean the collection and re- drive Inn . where tables, - heats, (30) days. :- moval of garbage and/or trash from month, entertainment $5.00 per 4. It is ' distinctly provided, that all one-family residences, two-fam- c. Taverns and/or liquor stores rel ordinance lig a not do any way ily residences, apartments, apart- . q require nor obligate o c Employ $3.00 per month. sea or City trucks debris collect, ind meat houses, rooming houses, and . d. Restaurants, cases, etc., ppeii remove refuse. io debris resulting boarding houses. 20 day. or more per month from construction being property, (e) The term "commercial and 1, Under 20 chairs (minimum I 1 ice" scar] mean the Collectionandwhere buildings are being repaired. - removal of garbage and/or . trash charge) - $5.00 per month. remodeled, razed, . or are under g g public, or rd- 2. 20 to 30 chairs - ;7.50 per construction, nor to collect and from all commercial, p p month. remove wood and limos resulting bite institutions, fraternity and/or 3. 31 to 50 cheers'- $10.00 per from the removal of trees on pri- sorority houses, business establish. month. vate .property, nor to clean opt in. - ments, office buildings. and any 4. Over 50 chain - $20.00 per ciner,t,rs, nor. to render any other or all other buildings or portions mouth.' service unless so contained irCthl thereof; occupied and/or used for (D) . OrgSolzed Houses ordinance. any other purposes not . herein ISS per month ter occupant 5: Mineral wastes. manufacturing' stated. capacity, minimum char e - ' (t) The term "person" shall in. H $3.00 or processing wastes shall not be elude natural m "person" n" shall part. Der month. . '• considered garbage Or trash at.Ae- (c)' Motel and Trailer Courts, fined in this ordinance. The, .per nerships. associations, corporations, where, gazbage and trash is locat. vice of collecting, removing, .and organizations, or societies; the mag- ed at one central collecting point . disposing of mineral wastes, manus ' culine shall include the feminine : a. Leas than 20 Unita $4.00, per lecturingor and neuter genders, and the singu. month. - processing wastes _ .- . - - - __ _. __ � .. ..-_ shall not be rendered by the.City i cluda;natural persons, firms. part. �'(c)'-1lfatela' sire i'lYdter Courb, °O dereQ garbage or treah a3:de• nerships, assoc al tions, corporations wheys [mybege ;end '.tteah'.L rums, fineA'- in, this ordinance Tha, 41", organizations, or societies; the mas- ed it central collesc point; viae of ebllecting % removing,�.and I culla° .shall- include `the' feminine dlsposiag Of mineral waStee menu• a:�Leas than20 :unib $4.00; per feature p g anttheater genders and the bingu month; ::_- ng ' rr .i mcessb Wastes 1 lar the -Plural; .. , - . , b: More Shea 20�units: S0 per Of ra of be'rendered by thetCit? %".(g) The sterno famllyt,: shall month;:' i7 D of Fayettev171e, .Arkan9ae '.unleas . a l mean' one, or' more Snddviduals ,Rv wyltten.contract between the Own. { ing'as.a single housekeeping unit ! -°• _H gazbage::arid fresh Wsot er, occupant, tppasnt `or lesase its. In one central call on Siriiig',theiservice and be 'Clty-of ° : (h) The terra "one-family -:reef ' point, ' charge ghaD: be ;1,00: per Fa dence' Shall �mean 'a building • or month. per unit serviced, with'.min- yMtevllleg .:'Arkansas has? been ' ; structure having ..,accommodation imam charge far remaining units, negotiated - for,'andioccupiedby>one family. ' if any. An the:,court On uted�, 6;"From and after i.the passagt 1)) The term. "two-familyaest. D m and. appmval'of this,Ordnanm -. ( set forth in. a end`b above - Hence" shall' mean a building or a •It: spall be, deemed a. viola.' , structure having., separate ,setons p}an)taF1,111°g Stetioiu end Buik OH Hon of ilii ordinance for any per. $300• pyer 'month• son to'dvm modations for;, and occupied :ns a . (e): So er.Marketat Dor btmn' any.garbage, dwelling, tiy 'two families Charge based on;,time except'. in' incinerators that „have spent been:iappiaved. b the Health and (j) The term "apartment", shall aervfcing 'ns , rutltned m section y` I mean,a, room or, sulte of moms;ar - 1 + with a "minimum char a iof Fire Departments-' of- the Clty-, of e Fayetteville, Arkansas ranged, designed'-or occupiedl,Dy a §1000 Aper month . Soo each. ,0uper .:b. :It, shall be.%deemed a viola. family^ and sball also mean asub market: + " ordinate dwelling occupied as a gal (f) ,UtD1ty it es ' tion of•thl ordinance for'Buy 'per, rage% • apartment or a servants a.i E9.00 per month mom -office. son to , dump • or'. throw . ,garbage . quarters. -�"; b, .. and/or }trash• or 'aceumulatiom.: of $4. per month each ware- the aerite-'on an v street(k) , The te[nP "rooming house house:or subsidiary,.6ffAcj any:vacant lot ,p . 1et , shall' mean a building or structure : - (g) a. CBmes 10:00 or, pubbe :thoroughfare in the City $ - per moont of Fayettevil , Arkanaal ` Sig portions cupie • .arrengeee or .Betmpital� arbe per month 7 Any 'and ' all exem Signed,; or occupied 'by three or e..Heautyi8: Berber ShoDa: 4. or pt, monthly ont lay more families. : . less operators $2.00" per,month" ff the .'payment Of' the monthly i Q)- The term "rooming 'house" brought to street level. ' ' Moro-tDan be gra ed by ein. he City .Co for- shall shall mean a building or structure 4 operators §300+:,Der month if the granted by the City .CoundS of or ;portions .thereof where five (5) bmughtto street level the City of Fayetteville, Arkansas, iib rag Shops end oNyupon the recommend otion or more persons .are lodged', for d Clean: & Press of the Sanitation Committee shall coinpenaatton and no provision ie $300 Der month - any exemption be considered*' ,-..,- made .for cooking in any. individual (h) a :?Auto Dealer affi Garage 8 All junk and. other ma},erial room.. - ' - ._,; ,� $600 per month placed an the ,City, o4_FayeHgv lle. (m) The term"'boarding Douse 6: Repair Garage $300 par ArkanSol dlposal:azea shall be Ue I shall mean e:building or structure month:. ' - 1 ' prrperty:'of the City;of'Fayettcwille. ' or portions, .thereof -where five, (5) c..0`UaedCar'>Lotg .whether;or Arkansas, fine CI of Faget ]] 'be or;-more .persons are fed, more' or not a pars of,another. buainesr ;or allkansawed , separate and'shall -be less regularly, for' compensation. per-month, carry offlor tllapose of;and .samclxcept. ect SECTION 3:. . bARBAGE., _AND (i) a;Grucery Stores charge cased under-the•writ tea_direction or.the ' . TRASH RECEPTACLES r: / . on.time� epent }a :'Servldng as;out Mayor: ' 1. Each owner; occupant; tenant lined in.5ectlon 1 '„with minimum g In ease of uncertainty `contra- or. .lessee using or occupying' any charge of $200 per month. dletdon;• :or duplication of rates house. building, structure, or par. b. 'Drug Stores;-charge based quoted In this ordinance the high. tions hereof, for ar residence, cons on 'time'' spent in servicing 'as out• er rate" shall control: ,,' - ' - mercial public :or .private , institu lined 1n:'Section."I" with.minlmum „ SECTION 9 SANITATION .DE. ' tion, .fraternity 'and/or ' sorority charge. of $500 .pet month. , •. PARpk}ENT I house, . business ; establishment. Of c..'Merchants .charge based on 1 In :order, to satisfactori)_v col. fete or for.any'other Purpose, shall time .spent in' servicing as outlined lett In -ordemove garbage and/or 1 provide ,and maintain garbage. re- in , Section '1", with min imum trash and'accomplish the other:pur- ' ceptacles of sufficient number%antl charge of $2.00 per month poses' of. this ordinance; ,there is size to contain' the garbage" 'that - W Individual Small Offices hereby created a Sanitation D2ptut will 'accumulate on the premises: , a. Street level plekup $200per sent for: the City of'FayetteYille. (a)': The receptacle or receptor month.- +, y - Arkansas; , Iles' for garbage shall be portable b. . Above street, level pickup , 2. ' The: Samtatioir.;Department ' with handles,- andconstructed. of $400 pe'r month ' I 1 galvanized inetal. or equivalent,in (k) Offlawi buildings (all trash at shell be under the tion-direction the such a manner as to be strong,.not one outside street: level' location)' - Mayhe City ,Sammtion Committee easily'corrodible, 'rodent-proof, fly- a: Each street level business not Of'tbe City Council, .who,, gi;Ae r l I 1 ;3.00 per month!- . shall - on of subje City the general proof, wet ting Ild and scall have billed otherwise each fCjty .directionof the vile, Arkan as,. :e a, tight-The receptacle. ver; . - b;`'Plus eotbgrwdtt.o$1.0 O.: par C3:-Th FMayor -']a; l Sanitatio I 1 (b) The ' bageaor, 'recap not '•billed otherlviae §100•.; per g;-,The .Mayor '- and Sanitation Udea . for garbage shellbe of not month:. . - Committee shall make or, cailse, to lege than ten (10) nor more than 1 .Any service .stop except those be made regular;; inspectionr- or (5 ), gallon capacity. 1 � specifically classified otherwise - specific inspection cf•all', premles,' - (c) No;liquid;garbage shale rbe above;"shall be billed oa.the ,basis' alleys, vacant lots. and/or prgper- I I deposited .with , .. any ,garbage or of 15c ;:per minute at atop times- ties.in the City of Fayettevfll r. trash: Kitchen 'garbage and any or number.;of. Stops!.per month.'with karuas, for any , unsanitary i--n all .,wet, garbage shall be drained minimum charge ;"of :$2.00 per safe. conditidns existing thereof:. of. all`molture and. wrapped in month.7..Tlme• shall be determined a, Inspector employed by; .jhe paper before being }n.the .ga[bage on basis of average of not-less:the gena. Inspectors played by, .the receptacle: - three, stops • - • partment,. and/or .Fire. Department (d1Receptades for 'garbage not ' 2, The monthly ' charges :herein shall . have ;the :duty . of ;not)fying in accordance' with the :provision provided'- for shall Included-:.on the . Owner, +.occupant, lineup, or contained', herein shall' have con- the bill- rendered,monthly :to;each lessee thereof�of any Unsanitary or damnation labele'.attached and'con. user;of:C1ty Water, Or ouch' month- unsafe condition existing .thereon. tents:will not be 'collected''on the lY ,charges may.-ibe :;billed' by: any ; ..b. Within forty--eight°(48) :hOurs - ext` service . trip following.: eon other)practicabee'aneans .of.collie• of.such notice,•it. shaWbe the uty ' - - - demnation Hon „and 1t ; shallgbe the .duty Of of the owner. Occupant tern : or :ORDINANCE NO.:i1114 . . ..2.- Each . owner,'•occupant; .tenant each;, owner, occupant, . tenant or legee - of such mi AN ORDINANCE PROVIDING FOR or lessee using -Or ' occupying: 'any lessee tb .hey the' monthly..char ea premises to edbmit THE . COLLECTIOb7 REMOVAL, house, building, structure. .°r' por- herein ptovlded for;on .:or . g Salience that table. ^to ,the]:City' O before beenSaniode' that ane er. accu have ' AND.` RASHDISPOSAL F GARBAGE tiorcia 1. ublic or private I , tom- is a 1 day, of each..month -at the been made' b accugant, ' C AND AYET WITHIN ARKAN-HE.CITY merdaf public 'and/or' in titu.sorority Sense time sad e% a e same manner. tenant or lessee, to .cause Ali, 're. OF °FAYETTEVH.LE;. ARKAN- tion,- fraSernity"•and/or" sorority provided"for the -payment of water, moval 'of . such; unsanimry and on. SAS;.'ASSIGNING'A-•TITLE; DE-' house;:business ;establishment;: °£ bills: .^ gg' , ' safe;.conditiona, within thirty .(30) FINING TERMS; -REQUIRING £ice; rotor any other purpose, shall SECTION 6 APPEAL FOR AD- days of receipt of Suchnoticefrom. ALL OWNERS - OCCUPANTS, Provide audlmaintain a.container.of JUSTMENT OF RATES - the City Sanitarian: TENANTS OR LESSES OF RESI- receptacle for the accumulation of "1:''APPeat for'adjnstmant of rates 'c; If. the owner; occupant,-den- . ! DENCES, ' COMMERCIAL, .. PUB- trash, :end such container or recap- set forth' in the-ordinance. may: be ant or lessee'fails to obsy.suclt;yio- •::LIC OR PRIVATE . INSTITU. tads shall•.be. of such construction directed In writing;at any time to tice and continues; to maintain an TIONS. BUSINESS•ESTABLISH= and design'that'it can,be :maintain- the; Sanitardan toibe',presented. to unsanitary. and. .unsafe condition, MENTS: OR OTHER'BUILDINGS ed'•in;a sanitary condition. Sanitation'- Committee for ' ' comd- Such' .person .shall; -be • deemed` in WrMIN'_THE,'CITY OF FAY ;(a), If,the- trash is of. Stich a nor. deration 'at a:-meeting galled' £or violation of'the:'Drovlslons; oL•tms ETTEVILLE, ' ARKANSAS:9\ TO tore that it cannot be placed in the such purpose .quarterly.- Notice -ofordinance' and shall ' be fined as •• PROVIDE ,,CONTAINERS-, AND 'container' or receptacle,' it shaWbe ;time ,and place of such"meeting hereinafter. set out. - ,RECEPTACLES-' "„ FIXING placed , beside : the, container '- or shall be'"furnished° each-complain- 4. The .Mayor . and :: Sanitation • -MONTHLY . CHARGES :-_ TOr ;BE receptacle' In , bundles , or+ :i boxes ant In'.advance. If decision reached Committee with the, 'consent`'and 'MADE : TO . OWNERS. ; OCCU- under;fifty_(50): pounds, in weight . by . 'Sanitation Committee IS :not approval of the City Couircil:phall. PANTS:,TENANTS..OR LESSEES (b) No trash container or,recep- satisfactory to the complainant;- he, have the authority to.•':establish ' OF.BUILDINGS'AND'.PREMISES tacle:shall be filied. to contain more may ' then' appeal . directly to.the rules, regulationsand/or policies to RECEIVING THE': .SERVICE than seventy 'live. (75)'pounds.. : City Council - clarify,'or, enforce the.provisions of ?' PRORIBITINGt : ANYONE :, EX ,•:(c) %All containers or receptacles ` SECTION 7 '; CONTRACT .TO this ordfnance ' '� ' CEPT AGENTS'OR EMPLOYEES shall. be located and maintained:.so COLLECT AND REMOVE .s SECTION.OF -' FAYETTE= as not . to create ' a.fire hazard, or , 1: No person except ai duly., Au- 1. From. and after•its passage. and VILLE. - _ ARKANSAS ' . FROM provide harborage- for rodents,. or thorizedlagent ,and/or employee .of approval,. any,person violating"any- , EMPTYING CONTAINERS}' OR the;Dreedmg;of ..insects the 'City'•of Fayetteville, 'Arkansas; of: the provisions of this ordinance i RECEPTACLES- :OR. ":TRA'N.S- '; 3. Each ,owner:' occupant,. tenant shall'.empty, garbage .and/or . trash slUS11 be deemed. guilty of 'armis. PORTING'-THE ' C ON T E NTS or lessee Shall place or cause to be receptacles, or, convey or transport demeanor.:'..and'., .upori . ,. conviction ' THEREOF ON". THE-::STREETS placed;: the " garbage antl trash garbage-andjo[;trash;on .the streets thereof 'Shall, be fined;in:ani"Sum OR PUBLIC THOROUGHFARES receptacles at :, a,- point on ';;,the or public thoroughfares of the 'City not less 'than Fifteen ($15.00) Dol. OF':THE 'CITY: . OF '.FAYETTE• premiseg where tie . collectors: can of Fayetteville;:Arkansas; without tars. Each' day:-that such violation VILLE,, ARKANSAS'••WITHOUT conveniently have ..access to �aame, a written contract>with the City contlnues .ahelL.cansHtute a separ- ,A CONTRACT; '• LEVYING A but fir no case more than 50 norma: of Fayetteville.: ' " 'ate offense and shalI ,be punishable '. ' PENALTY; CREATING A .SANI- steps%:distance from a.. convenient 2. Any person-contrgeting to col- in any; - amount'•; not exceeding TATION ' DEPARTMENTri TO stopping , point of the collection lector haul garbage:or trash'.wfth= Fifteen' ($15.00) per. day. - MAKE P,E R:I.O D I C INSPEC truck. : In the limits of the City of Payette- . SECTION 11. SAVINGS CLAj1SE . '.TIONS OF :BUILDINGS 'AND 41. Garbage . and trash maybe ville, F' Arkansas.. shall, .' deposit 1. ,If any'sectfon. subsection: :sen- PREMISES, AND ALL,PLACES placed: in the same garbage weep_ everything collected .or hauled (fix. teace,' clause>or phrase of this Or- -..WHERE GARBAGE AND TRASH tacle;'.;provided:, that all:, the pro. cept : that part- of. the' garbage in-. dinance:la,for any reason declared MAYACCUMULATE _.AND:, TO visions'contained in this ordinance tended ,for , livestock feed)' on;the unconstitutional or invalid. , Such ENFORCE -AND ADMINISTER •are .complied with': " . City;disposal grounds'where andes decision shall notaffect the validity :.THE PROVISIONS OF THISOR : SECTIONA..DOMESTIC SERVICE directed by the Sanitation Foreman de the { remaining portions o[Qhia DINANCE(:PROVIDING,A� SAV AND CHARGES .: ` - ` or, hisdeputy and during such time ordinance. " 'INGS .CLAUSE: FIXING"A PEN 'A.', Garbage and/or-trash shall. be as the grounds are normally open SECTION 12 Repeal • 'ALTY FOR VIOLATIONS HERE collected and; removed from each and 'available for . use: 1."Ordinance Number- 920: Orlin-. OF; .-REPEALING;AI.h' :'ORDI- of the categoriesas . cOntafned '.in , '.3.:A Charge '•of: 20%'.of ' the, esti- once Number 991': and' Ordinance NANCES ,fN' CONFLICT:`HERE- Table 'Number'''One .. at least:.twice mated cost to '.the•city.for'doing,the Number,1124' are hereby .specifical. .WITH; ' AND : DECLARING' AN each week unless otherwise'author- col4ecting:' .and •hauling, 'contracted ly repelled, - and ' all, other gfpjn. EMERGENCY,:.AS,AMENDED -,zed by. the . Sanitation Committee for; shaWbe imposed upon the q- antes or parts , of ordinapces- m. WHEREAS the {accumulation of of r the', City Council , ,y , ' tractor each'month 'payable In ad conflict with -the provisions OCthl waste, refuse, garbage, trash,':and , 2a The •monthly. charges shown vance- Further ' he. :shall ^.deposit ordinance 'are hereby repealed.., . rubbish on the:premises of '.private adjacent toAhe respective categor- with the City. Business Office. the :SECTION 13:: EMERGENCY (residences, commercial, public Or lea in, attached 'Table Number One sum Of S100.00. to , insure, Payment IJ Whereas an -,immediate neves. privafe institutions, business 'estab shall, be the .charge for- domestic to the city for any help he may: aity'exlts.to provide for a'sanitary., ]lhments;_officezbuildings>:and an sanitation service.'., require :in emergencies: Such-.hip; methodof 'storage„ collection Bad or, on the streets' and 'alleys ,of: the : TABLE. NO. ONE if, available :without: disruption of disposal of waste refuse, trash, City of Fayetteville,- Arkansas con �,Desenption the. City's own :work, "shall be fur= and/dr garbage;' therefrre.:.in order situates a public menace - and nui , (a) One-family residence ' $1.00 nished . him on . request at a' cost to .protect the ,publdc•health, :peace lance- and 'greatly increases:.:- the . ; b) ' Two-family ,residence on one ofi $10,OO.l-per hour.for each •truck and Safety. an emerggencyis bereby danger of the spreadof infectious' water meter - $2.00: 'f and 'crew. , Such�'cbarge •shall' be declared'. to exist..whereby this or. contagious and:.epidemic• diseases i- (c) Two-family. residence on sap made:�aeamst the; contractors.+ de- dinance shall- be in full:force:and and ->� crate ,water, meters E1.00 , each Mit-left the Business Officer' . effect. from and 'after- its passage, WHEREAS RAS; imperative, far unit , - ;,:' ( When,. and it the 'origlnaL. de- approved .and publication h_ preservation,rof, health, safety (db Una family residence and one Uostt'is reduced by'eharges against PASSED AND APPROVED Ghia anitation peace ;and .public,'weI (apartment on one water meter +t to t25i00 tt shall 'unmedltely.•be 6th day of April -19591 .are that proper, and adequate reg x $200 '• :f It to t yup again ,to,±the origlne7 . ;. 'rAPPROVED ; - ,dations be adopted to require prop % (e)' One family residence and one amount or the contract shall beim- J. AUSTIN PARISH histo: •rty owners. tenants. :occupants Orl apartment• on .separate water mediately. declared terminated antl ATTEST, " esses .to secure;c°ntadners:an, re- meters,,= $1.00 each uLH the etfv.' s�=P'ttke `over the work: GEORGE..J: DAVIS, City•Clerk : .spleens o£ sufficient size and ma• (f) . Apartment houses containing imposing " such chargee as in the ik . ..