HomeMy WebLinkAboutOrdinance 1619 ORDINANCE , NO .
AN ORDINANCE TO AMEND CHAPTER 10 OF THE FAYETTEVILLE CODE OF ORDINANCES ,
ENTITLED " GARBAGE AND TRASH " , IN ORDER TO CLARIFY THE ORGANIZATIONAL
STRUCTURE OF THE SANITATION DEPARTMENT ; TO CLARIFY AND AMEND DEFINITIONS
UNDER SAID CHAPTER ; TO CLARIFY PROCEDURES AND REQUIREMENTS CONCERNING • THE. .
MAINTENANCE AND LOCATION OF GARBAGE CANS AND SPECIFICATIONS THEREFOR ; TO
PROHIBIT CREATION OF UNSIGHTLY AND UNSANITARY CONDITIONS ; AND TO PROVIDE
FOR OTHER RELATED CHANGES TO SAID CHAPTER .
WHEREAS , the garbage and trash or sanitation ordinance of the
City of Fayetteville , Arkansas , now appearing as Chapter 10 of the
Fayetteville Code of Ordinances , is in need of amendment so as to clarify
the organizational structure of the Sanitation Department ; to clarify
and amend definitions under said Ordinance ; to specify procedures and
requirements concerning the maintenance and location of garbage cans and
specifications therefor ; to prohibit creation and maintenance of unsightly
and unsanitary conditions ; and to provide for other related changes .
NOW , THEREFORE , BE IT ORDAINED BY THE BOARD OF DIRECTORS OF
THE CITY OF FAYETTEVILLE , ARKANSAS :
SECTION 1 . That Section 10- 1 of Chapter 10 of the Fayetteville
Code of Ordinances is hereby amended to read as follows :
Sec . 10 - 1 . DEFINITIONS ,
The following words and terms , when used in this
Chapter , shall have the meanings respectively ascribed
to them by this Section , unless the context clearly
indicates otherwise :
( a ) COMMERCIAL SERVICE . " Commercial Service " means the
collection and removal of garbage and trash from all commer-
cial , public or private institutions , fraternity or sorority
houses , rooming houses , boarding houses , business establish-
ments , office buildings , and any or all other buildings or
portions thereof , occupied and/or used for any other purpose
not stated herein . .
. ( b ) GARBAGE . " Garbage " includes all waste accumulations of
animal , fruit or vegetable matter that attend the preparation ,
use , cooking , dealing in or storage of meat , fowl ', fish , fruits
or vegetables , tin cans , or other containers originally used
for foodstuffs . The term " garbage " shall not include mineral .
wastes or manufacturing or processing wastes .
( c ) GARBAGE CAN . " Garbage Can " means a water-tight recep-
tacle or container of substantial metal construction or plas
tic , , having a capacity of not less than 10 nor more than 39 .
gallons , with a tight fitting lid or cover , with not less
than one handle on the lid or cover , and two handles on the
receptable or container by which same may be conveniently
lifted or moved . Cans in excess of 32 gallons capacity will
not be serviced .
MICRORLME
DATE.
REEL��
- 2 -
( d) GARBAGE DISPOSAL AREA . " Garbage Dispotal Area " means
a place or places designated by the City of Fayetteville
for the purpose of disposing of refuse , including incinerator
and other dumping areas .
( e ) LODAL TYPE CONTAINER . " Lodal Type Container " shall
mean a Lodal container or similar container designated for
mechanical pickup and removal or contents by Sanitation
Department trucks .
( f ) PERSON OR PERSONS . " Person or Persons ", means any
individual , firm or corporation .
( g ) PREMISES . " Premises " means any flat , dwelling , rooming
house , apartment house , hospital , school , hotal , club , res -
taurant , boarding house , eating place, shop , church , place of
business , manufacturing establishment , court house , jail ,
city hall , post office or other building .
( h ) RESIDENTIAL SERVICE . " Residential Service " means the
collection and removal of garbage and trash from all one - family
residences , two- family residences or duplexes , trailer houses ,
apartments and apartment houses . Each unit or multiple hous -
ing units shall be considered as a separate single family
dwelling unit .
( i ) SANITATION DEPARTMENT . " Sanitation Department " means the
Sanitation Department of the City of Fayetteville , Arkansas .
( j ) SANITATION SERVICE . " Sanitation Service " shall mean the
collection , removal , and disposal of waste , refuse , garbage ,
trash and rubbish ; the insecticidal fogging and/or spraying
performed by the - City of Fayetteville , Arkansas ; animal con-
trol and such other functions contained herein that are
necessary for the preservation of health , safety , and welfare
of the community .
( k ) TRASH . " Trash " includes all non-putrescible solid wastes ,
consisting of both combustible and non-combustible wastes such
as paper , cardboard , glass , crockery , excelsior , cloth and
similar materials . The term " Trash " shall not include mineral
. waste or manufacturing or processing wastes .
SECTION 2 . That , the second paragraph of Section 10- 2 of the
Fayetteville Code of Ordinances should be amended to read as follows :
The Sanitation Department shall be under the direction
of the Sanitation Superintendent who in turn is subject to
the general direction of the City Manager .
SECTION 3 . That Section 10 - 3 of the Fayetteville Code of
Ordinances should be amended to read as follows :
, Sec . 10 - 3 . Recepticles Generally - For Garbage and Trash .
( a ) Required . Each owner , occupant , tenant or lessee
using or occupying any house , building ; structure or
position thereof , for residence , commercial , public or
private institution , fraternity and/or sorority house ,
business establishment , office or for any other purpose ,
shall provide and maintain garbageAand/or Lodal type
containers of sufficient number and size to contain
the garbage and/or trash that will accumulate on the
premises . In the case of multiple dwellings or mul-
tiple occupancy , this duly shall be upon the owner of
the premises . Said recepticles shall be covered at
all times except when refuse is being placed in or re -
moved from them .
( b) Maintenance of Cans . It shall be the duty of such
person to replace unserviceable cans and to keep them
clean at all times . Notice of unserviceable or unsan-
itary condition of cans will be served upon such person
by the Superintendent of the Sanitation Department or
his authorized representative at which time such person
shall take prompt action to correct the existing condi -
tions .
( c ) Removal from Dwellin s . Only garbage and trash as
define y this Or finance will be removed from the rear
of dwellings and the rear of dwellings is not .to be con-
strued as being the rear of the lot . Provided , however ,
the owner or occupant may elect to place his garbage can
in front of his dwelling or just inside of his garage door .
In the event the owner or occupant elects to place his can
inside his garage door , the City of Fayetteville , Arkansas ,
assumes no liability for the lost items placed upon or near
the can , and the owner of occupant assumes the risk of loss
of such items .
( d ) Location of Commercial and Apartment Cans or Containers .
The placement an location o gar age cans or Local type
containers for commercial service and for apartments and
apartment buildings shall be negotiated between the user
and the Superintendent of Sanitation . The City of Fayette-
ville , Arkansas , assumes no liability for the loss of items
placed on or near the cans or containers , and the owner and/
or occupant assumes the risk of loss of such items .
( e ) Garbage or Litter Not Placed in Containers . The Sani-
tation Department shall not be required to remove garbage
or other litter not placed in garbage cans or Lodal type
containers _ or placed on top of or around such receptacles .
( f) Ca acit of Cans - Hazards . No garbage can shall be
fille o contain more than i ty ( 50 ) pounds and shall be
so located and maintained as to not create a fire hazard ,
provide harborage for rodentsor breeding of insects .
SECTION 4 . That Section 10 - 4 of the Fayetteville Code of
Ordinances shall be amended to read as follows :
- `41
Sec . 10 - 4 . Access to Garbage and Trash Containers .'
It shall be incumbent upon the tenants , lessees ,
occupants , or owners of the premises where garbage or
trash is generated to provide a safe and convenient
entrance to and through the premises . for the purposes
of collecting same . And , all vicious animals shall
either be confined , or garbage and trash containers _
placed at a point where collectors may service same
without attack from said animals . Where commercial
collections are made from alleys and access ways ,
said approaches shall be maintained in such manner
as not to be a hazard to Sanitation Department per-
sonnel or equipment . Failure to comply with the
provisions of this Section after notification by
the Sanitation Department will result in discon-
tinuance of service until such condition - is corrected .
SECTION 5 . That Section 10 - 5 of the Fayetteville Code of
Ordinances should be amended to read as follows : i
Sec . 10 - 5 . Public Nuisance , Notification , Abatement .
( a ) It shall be unlawful for the owners , occupants , tenants ,
or lessees of any dwelling or place of business to allow
. garbage , trash or other litter to accumulate on his premises ,
or to place or cause to be placed paper , cardboard or other
litter in such a manner that it will be blown onto the streets
or on another ' s property , or in such other manner as to cause
unsightly or unsanitary conditions in the City of Fayetteville ,
Arkansas .
( b ) The Sanitation Superintendent or the Health Department
Sanitarian or their authorized representatives shall have the
duty of notifying the owner , occupant , tenant , or lessee of
a dwelling or place of business where one or more of the con-
ditions described in paragraph ' ( a ) of this Section is found
to exist .
( c ) It shall be the duty of the owner , occupant , tenant or
lessee of such premises to correct said condition or condi -
tions within thirty ( 30 ) days from date of receipt of such
notice .
( d) If the owner , occupant , tenant , or lessee fails to obey
such notice and continues to maintain said prohibited Conti -
tion or conditions , such person shall be deemed in violation
of this Ordinance and shall be subject to the penal provisions _
contained in this Ordinance .
( e ) The provisions of this Section are supplementary to , and
do not amend or repeal the provisions of Sections 11- 1 through
11- 3 of this Code .
SECTION 6 . That Section 10 - 6 of the Fayetteville Code of
ordinances shall be amended to read as follows :
Sec . 10 - 6 . Dumping and Garbage Disposal Areas .
Dumping within any area within the City of Fayetteville,
Arkansas , except in garbage disposal areas as defined by
Section 10 - 1 of this Code is prohibited ,
SECTION 7 . That Section 10 - 9 of the Fayetteville Code of
Ordinances shall be amended to read as follows :
Sec . 10 - 9 . Brush and Limb Service ,
Brush and limb service is provided on a call basis to
residential service customers , not to commercial service
customers , and is not to be construed as a service to remove
old furniture , old stoves , refrigerators or building debris , '
etc . , as defined in Section 10 - 10 of this Code . The removal
of such items is the responsibility of the owner , occupant , u ;
tenant or lessee , The brush and limb service to residential
service customers shall be scheduled as other work permits .
SECTION 8 . That Section 10 - 11 of the Fayetteville Code of
Ordinances shall be amended to read as follows :
Sec , 10 - 11 , Collection and Removal of Mineral , Manufacturing ,
and Processing Wastes , '
Mineral wastes , manufacturing or processing wastes to
include sawdust and like residue , shall not be considered
garbage or trash as defined or outlined in this Code , The
service of collecting , removing , and disposing of mineral
waste , manufacturing or processing waste to include sawdust
and like residue shall not be rendered by the City of Fayette-
ville , Arkansas , Sanitation Department , unless a written con-
tract between •the owner , occupant , tenant or lessee desiring
the service and the City has been negotiated ,
SECTION 9 . That Section 10- 14 of the Fayetteville Code of
Ordinances shall read as follows :
Sec , 10 - 14 , Bulk Hauling .
Failure to comply with the provisions of Sec . 10 - 3 of
this Code , resulting in special or additional garbage or trash
service will result in additional charges to the user at the
rate specified in Article II of this Chapter .
SECTION 10 . That Section 10 - 15 of the Fayetteville Code of
Ordinances shall be amended by substituting the words " City Manager "
for the word " mayor " appearing in said Section .
SECTION 11 . That Section 10 - 17 of the Fayetteville Code of
Ordinances shall be amended to read as follows :
Sec , 10 - 17 , Burning of Garbage and Trash ,
It shall be deemed a violation of this Code for any
person to burn trash or . garbage except in incinerators
that have been approved by the Health , Sanitation and
Fire Departments of the City of Fayetteville , Arkansas ,
- u -
SECTION 12 . That Section 10- 18 shall be added to the
Fayetteville Code of Ordinances to read as follows :
Sec . 10 - 18 . Penalties .
Any person violating the provisions of this Chapter
shall be guilty of a misdemeanor and upon conviction
therefor shall be punished by a fine of not less than
$ 10 and notmore than $ 100 , or by imprisonment for not
more than 30 days , or both such fine and imprisonment .
SECTION 13 . That Section 10 - 32 of the Fayetteville Code of
Ordinances is hereby amended to read as follows :
Sec . 10 - 32 . Adjustment of Rates - Exemptions .
Appeal for adjustment of rates for charges prescribed by
this Article may be directed in writing to the Sanitation
Superintendent and the City Manager . Appeal from their
decision shall be directly to the City Board of Directors ,
and shall be in writing and filed with the City Clerk within
30 days of the date written notice of the decision of the
Sanitation Superintendent ondthe City Manager is given .
Exemptions from sanitation charges may be granted by the
City Board of Directors upon written request only , for a°
just cause .
SECTION 1 That Section 10 - 33 of the Fayetteville Code of
Ordinances shall be amended to read as fcnows :
Sec . 10 - 33 , Billing ; When Payable .
The billing for services hereby provided shall be in
advance and shall be included in the bill rendered monthly
to each user of City water , or such services 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
for the services provided for on or before the tenth day of
each month . At the same time and in the same manner provided .
for the payment of water bill ,
SECTION 15' That Sections 10 - 35 , 10- 47 , 10 - 48 , 10 - 49 , and
10 - 51 of the Fayetteville Code of Ordinances are hereby repealed in their
entirety ,
SECTION 1�. That Section 10 - 50 of the Fayetteville Code of
Ordinances is hereby amended to read as follows :
Sec . 10 - 50 . Using City Disposal Grounds .
Any person contacting to collect or haul garbage or trash
within the limits of the City shall deposit everything collect-
ed or hauled ( except that for part of the garbage intended for
livestock feed) on the City ' s disposal grounds , where and as
directed by the Sanitation Superintendent or his authorized
representative , and during such time as the grounds are nor-
mally open and available for use ,
ORDINANCE NO . /
AN ORDINANCE TO AMEND CHAPTER 10 OF THE FAYETTEVILLE CODE OF ORDINANCES ,
ENTITLED " GARBAGE AND TRASH " , IN ORDER TO CLARIFY THE ORGANIZATIONAL
STRUCTURE OF THE SANITATION DEPARTMENT ; TO CLARIFY AND AMEND DEFINITIONS
UNDER SAID CHAPTER ; TO CLARIFY PROCEDURES AND REQUIREMENTS CONCERNING THE
MAINTENANCE AND LOCATION OF GARBAGE CANS AND SPECIFICATIONS THEREFOR ; TO
PROHIBIT CREATION OF UNSIGHTLY AND UNSANITARY CONDITIONS ; AND TO PROVIDE
FOR OTHER RELATED CHANGES TO SAID CHAPTER .
WHEREAS , the garbage and trash or sanitation ordinance of the
City of Fayetteville , Arkansas , now appearing as Chapter 10 of the
Fayetteville Code of Ordinances , is in need of amendment so as to clarify
the organizational structure of the Sanitation Department ; to clarify
and amend definitions under said Ordinance ; to specify procedures and
requirements concerning the maintenance and location of garbage cans and
specifications therefor ; to prohibit creation and maintenance of unsightly
and unsanitary conditions ; and to provide for other related changes .
NOW , THEREFORE , BE IT ORDAINED BY THE BOARD OF DIRECTORS OF
THE CITY OF FAYETTEVILLE , ARKANSAS .
SECTION 1 . That Section 10 - 1 of Chapter 10 of the Fayetteville
Code of Ordinances is hereby amended to read as follows :
Sec . 10 - 1 . DEFINITIONS .
The following words and terms , when used in this
Chapter , shall have the meanings respectively ascribed
to them by this Section , unless the context clearly
indicates otherwise :
( a) COMMERCIAL SERVICE . " Commercial Service " means the
collection and removal of garbage and trash from all commer-
cial , public or private institutions , fraternity or sorority
houses , rooming houses , boarding houses , business establish-
ments , office buildings , and any or all other buildings or
portions thereof , occupied and/or used for any other purpose
not stated herein .
( b ) GARBAGE . " Garbage " includes all waste accumulations of
animal , fruit or vegetable matter that attend the preparation ,
use , cooking , dealing in or storage of meat , fowl , fish , fruits
or vegetables , tin cans , or other containers originally used
for foodstuffs . The term " garbage " shall not include mineral
wastes or manufacturing or processing wastes .
( c ) GARBAGE CAN . " Garbage Can " means a water-tight recep-
tacle or container of substantial metal construction or plas-
tic , , having a capacity of not less than 10 nor more than 3%r
gallons , with a tight fitting lid or cover , with not less
than one handle on the lid or cover , and two handles on the
receptable or container by which same may be conveniently
lifted or moved . Cans in excess of 32 gallons capacity will
not be serviced .
- 2 -
( d) GARBAGE DISPOSAL AREA . " Garbage Disposal Area " means
a place or places designated by the City of Fayetteville
for the purpose of disposing of refuse , including incinerator
and other dumping areas .
( e ) LODAL TYPE CONTAINER . " Lodal Type Container " shall
mean a Lodal container or similar container designated for
mechanical pickup and removal or contents by Sanitation
Department trucks .
( f ) PERSON OR PERSONS . " Person or Persons " means any
individual , firm or corporation .
( g ) PREMISES . " Premises " means any flat , dwelling , rooming
house , apartment house , hospital , school , hotal , club , res -
taurant , boarding house , eating place , shop , church , place of
business , manufacturing establishment , court house , jail ,
city hall , post office or other building .
( h ) RESIDENTIAL SERVICE . " Residential Service " means the
collection and removal of garbage and trash from all one - family
residences , two- family residences or duplexes , trailer houses ,
apartments and apartment houses . Each unit or multiple hous -
ing units shall be considered as a separate single family
dwelling unit . •
( i ) SANITATION DEPARTMENT . " Sanitation Department " means the
Sanitation Department of the City of Fayetteville , Arkansas .
( j ) SANITATION SERVICE . " Sanitation Service " shall mean the
collection , removal , and disposal of waste , refuse , garbage ,
trash and rubbish ; the insecticidal fogging and/or spraying
performed by the City of Fayetteville , Arkansas ; animal con-
trol and such other functions contained herein that are
necessary for the preservation of health , safety , and welfare
of the community .
( k) TRASH . " Trash " includes all non -putrescible solid wastes ,
consisting of both combustible and non - combustible wastes such
as paper , cardboard , glass , crockery , excelsior , cloth and
similar materials . The term " Trash " shall not include mineral
waste or manufacturing or processing wastes .
SECTION 2 . That the second paragraph of Section 10- 2 of the
Fayetteville Code of Ordinances should be amended to read as follows :
The Sanitation Department shall be under the direction
of the Sanitation Superintendent who in turn is subject to
the general direction of the City Manager .
SECTION 3 . That Section 10 - 3 of the Fayetteville Code of
Ordinances should be amended to read as follows :
Sec . 10 - 3 , Recept12cles Generally - For Garbage and Trash .
( a ) Required . Each owner , occupant , tenant or lessee
- 3-
using or occupying any house , building , structure or
position thereof , for residence , commercial , public or
private institution , fraternity and/or sorority house ,
business establishment , office or,40.X any other purpose ,
shall provide and maintain garbage and/or Lodal type
containers of sufficient number and size to contain
the garbage and/or trash that will accumulate on the
premises . In the case of multiple dwellings or mul-
tiple occupancy , this duly shall be upon the owner of
the premises . Said receptdcles shall be covered at
all times except when refuse is being placed in or re-
moved from them .
( b ) Maintenance of Cans . It shall be the duty of such
person to replace unserviceable cans and to keep them
clean at all times . Notice of unserviceable or unsan-
itary condition of cans will be served upon such person
by the Superintendent of the Sanitation Department or
his authorized representative at which time such person
shall take prompt action to correct the existing condi -
tions .
( c ) Removal from Dwellings . Only garbage and trash as
define y this Or finance will be removed from the rear
of dwellings and the rear of dwellings is not to be con-
strued as being the rear of the lot . Provided , however ,
the owner or occupant may elect to place his garbage can
in front of his dwelling or just inside of his garage door .
In the event the owner or occupant elects to place his can
inside his garage door , the City of Fayetteville , Arkansas ,
assumes no liability for the lost items placed upon or near
the can , and the owner of occupant assumes the risk of loss
of such items .
( d) Location of Commercial and Apartment Cans or Containers .
The placement an location o gar age cans or Lodal type
containers for commercial service and for apartments and
apartment buildings shall be negotiated between the user
and the Superintendent of Sanitation . The City of Fayette-
ville , Arkansas , assumes no liability for the loss of items
placed on or near the cans or containers , and the owner and/
or occupant assumes the risk of loss of such items .
( e ) Garbage or Litter Not Placed in Containers . The Sani-
tation Department shall not be required to remove garbage
or other litter not placed in garbage cans or Lodal type
containers _ or placed on top of or around such receptacles .
( f) C_�ag�cc�i� .�tyy oCans - Hazards . No garbage can shall be
fillea�con �in more than tliTty ( 50 ) pounds and shall be
so located and maintained as to not create a fire hazard ,
provide harborage for rodentsor breeding of insects .
SECTION 4 , That Section 10 - 4 of the Fayetteville Code of
Ordinances shall be amended to read as follows :
- 4 -
Sec . 10 - 4 . Access to Garbage and Trash Containers .
It shall be incumbent upon the tenants , lessees ,
occupants , or owners of the premises where garbage or
trash is generated to provide a safe and convenient
entrance to and through the premises . for the purposes
of collecting same . And , all vicious animals shall
either be confined , or garbage and trash . containers
placed at a point where collectors may service same
without attack from said animals . Where commercial
collections are made from alleys and access ways ,
said approaches shall be maintained in such manner
as not to be a hazard to Sanitation Department per-
sonnel or equipment . Failure to comply with the
provisions of this Section after notification by
the Sanitation Department _will result in discon -
tinuance of service until such condition - is corrected .
SECTION 5 . That Section 10 - 5 of the Fayetteville Code of
Ordinances should be amended to read as follows :
Sec . 10- 5 . Public Nuisance , Notification , Abatement .
( a ) It shall be unlawful for the owners , occupants , tenants ,
or lessees of any dwelling or place of business to allow
garbage , trash or other litter to accumulate on his premises ,
or to place or cause to be placed paper , cardboard or other
litter in such a manner that it will be blown onto the streets
or on another ' s property , or in such other manner as to cause
unsightly or unsanitary conditions in the City of Fayetteville ,
Arkansas .
( b ) The Sanitation Superintendent or the Health Department
Sanitarian or their authorized representatives shall have the
duty of notifying the owner , occupant , tenant , or lessee of
a dwelling or place of business where one or more of the con -
ditions described in paragraph ( a ) of this Section is found
to exist .
( c ) It shall be the duty of the owner , occupant , tenant or
lessee of such premises to correct said condition or condi -
tions within thirty ( 30 ) days from date of receipt of such
notice .
( d ) If the owner , occupant , tenant , or lessee fails to obey
such notice and continues to maintain said prohibited conti -
tion or conditions , such person shall be deemed in violation
of this Ordinance and shall be subject to the penal provisions
contained in this Ordinance .
( e ) The provisions of this Section are supplementary to , and
do not amend or repeal the provisions of Sections 11- 1 through
11- 3 of this Code .
SECTION 6 . That Section 10 - 6 of the Fayetteville Code of
Ordinances shall be amended to read as follows :
- 5 -
Sec . 10 - 6 . Dumping and Garbage Disposal Areas .
Dumping within any area within the City of Fayetteville ,
Arkansas , except in garbage disposal areas as defined by
Section 10 - 1 of this Code is prohibited .
SECTION 7 . That Section 10 - 9 of the Fayetteville Code of
Ordinances shall be amended to read as follows :
Sec . 10 - 9 . Brush and Limb Service .
Brush and limb service is provided on a call basis to
residential service customers , not to commercial service
customers , and is not to be construed as a service to remove
old furniture , old stoves , refrigerators or building debris , '
etc . , as defined in Section 10 - 10 of this Code . The removal
of such items is the responsibility of the owner , occupant ,
tenant or lessee . The brush and limb service to residential
service customers shall be scheduled as other work permits .
SECTION 8 . That Section 10 - 11 of the Fayetteville Code of
Ordinances shall be amended to read as follows :
Sec . 10 - 11 . Collection and Removal of Mineral , Manufacturing ,
and Processing wastes .
Mineral wastes , manufacturing or processing wastes to
include sawdust and like residue , shall not be considered
garbage or trash as defined or outlined in this Code . The
service of collecting , removing , and disposing of mineral
waste , manufacturing or processing waste to include sawdust
and like residue shall not be rendered by the City of Fayette -
ville , Arkansas , Sanitation Department , unless a written con-
tract between the owner , occupant , tenant or lessee desiring
the service and the City has been negotiated .
SECTION 9 . That Section 10 - 14 of the Fayetteville Code of
Ordinances shall read as follows :
Sec . 10 - 14 , Bulk Hauling .
Failure to comply with the provisions of Sec . 10 - 3 of
this Code , resulting in special or additional garbage or trash
service will result in additional charges to the user at the
rate specified in Article II of this Chapter .
SECTION 10 , That Section 10 - 15 of the Fayetteville Code of
Ordinances shall be amended by substituting the words " City Manager "
for the word " mayor " appearing in said Section .
SECTION 11 . That Section 10 - 17 of the Fayetteville Code of
Ordinances shall be amended to read as follows :
Sec . 10 - 17 . Burning of Garbage and Trash .
It shall be deemed a violation of this Code for any
person to burn trash or garbage except in incinerators
that have been approved by the Health , Sanitation and
Fire Departments of the City of Fayetteville , Arkansas .
SECTION 12 . That Section 10 - 18 shall be added to the
Fayetteville Code of Ordinances to read as follows :
Sec . 10 - 18 , Penalties ,
Any person violating the provisions of this Chapter
shall be guilty of a misdemeanor and upon conviction
therefor shall be punished by a fine of not less than
$ 10 and notmore than $ 100 , or by imprisonment for not
more than 30 days , or both such fine and imprisonment .
SECTION 13 . That Section 10 - 32 of the Fayetteville Code of
Ordinances is hereby amended to read as follows :
Sec . 10 - 32 . Adjustment of Rates - Exemptions .
Appeal for adjustment of rates for charges prescribed by
this Article may be directed in writing to the Sanitation
Superintendent and the City Manager , Appeal from their
decision shall be directly to the City Board of Directors ,
and shall be in writing and filed with the City Clerk within
30 days of the date written notice of the decision of the
Sanitation Superintendent cAdthe City Manager is given .
Exemptions from sanitation charges may be granted by the
City Board of Directors upon written request only , for a
just cause .
SECTION 1f. That Section 10 - 33 of the Fayetteville Code of
Ordinances shall be amended to read as fcdows :
Sec , 10- 33 , Billing ; When Payable ,
The billing for services hereby provided shall be in
advance and shall be included in the bill rendered monthly
to each user of City water , or such services 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
for the services provided for on or before the tenth day of
each month , At the same time and in the same manner provided
for the payment of water bill .
SECTION S. That Sections 10 - 35 , 10- 47 , 10 - 48 , 10 - 49 , and
10 - 51 of the Fayetteville Code of Ordinances are hereby repealed in their
entirety .
SECTION 1� That Section 10 - 50 of the Fayetteville Code of
Ordinances is hereby amended to read as follows :
Sec . 10 - 50 . Using City Disposal Grounds ,
Any person contacting to collect or haul garbage or trash
within the limits of the City shall deposit everything collect-
ed or hauled ( except that for part of the garbage intended for
livestock feed) on the City ' s disposal grounds , where and as
directed by the Sanitation Superintendent or his authorized
representative , and during such time as the grounds are nor-
mally open and available for use ,
-7 -
SECTION 17. That if for any reason any clause, sentence, sec-
tion, subsection or provision of this Ordinance or the application there-
of to any person or circumstance is held invalid or inoperative, the
remainder of the Ordinance and application thereof to other persons tthC.
circumstances shall not be effected thereby.
SECTION 17. That this Ordinance shall be in full force and
effect from and after its passage, appprov l and publication.
PASSED AND APPROVED this //(flay of Li^17� 1968.
APPROVED:
DON TRUMBO, YOR
ATTEST:
GEORGE J. D S, CITY CLERK
SECTION 11. That if for any reason any clause, sentence, sec-
tion, subsection or provision of this Ordinance or the application there-
of to any person or circumstance is held invalid or inoperative, the
remainder of the Ordinance and application thereof to other persons SAt.
circumstances shall not be effected thereby.
SECTION 19 That this Ordinance shall be in full force and
effect from and after its passage, approo��vv(!jj!1 and publication.
PASSED AND APPROVED this/.ay of e; � 1968.
Fr•
APPRO
H_______
DON O, MAYOR
n
ORDINANCE NO. lilt
AN OROLN.ANtlt TO AMEND
CHAPTER In OF THE FAYETIE-
WHEREAS, the garbage "d
trash or sanitation ordinance eg
the City of Fayetteville. Arm.s.
new appearing as Chapter 10 of
the Fayetteville Code of Ordi-
ram es. Is in need of amendment
so at to clarify the organizational
sut-ure of the Sanitation De-
partment; to clarify and amend
definitions under said Ordinance.
to specify procedures and repcue
menu concerning the maintenanre
and location of garbage cans arc.
specifications Therefor: to prohih -
creation and maintenance of III
sightly and unsanitary condition
and in provide for other relaters
.hangrs,
NOW. THEREFORE. BE IT OF
DAINED BY THE BOARD OF PT-
REC'rORS OF THE CITY OF
FAYFTTEVILLE. ARKANSAS:
SECTION 1. That Section in-'
of Chapter 10 of the Fayette: it
Cate of Ordinances is hereb,.
amended to read as follows:
Sec 10-1. DEFINITIONS.
The following words and
terns, when used in this Chap-
ter, shall have the meanings re-
spectively ascribed to them� by
this Section. unless the coiEtxt
cial, public or private irtatltu.
Lions, fraternity or sorority
houses, rooming houses, board-
ing houses, business establish-
ments, office buildings, and any
or all other buildings or por-
tions thereof, occupied and/or
used for any other purpose not
stated herein.
(b) GARBAGE. "Garbage" in-
cludes all waste accumulations
of animal, fruit or vegetable
matter that attend the prepara-
tion. use, cooking, dealing in or
storage of meat, fowl, fish, fruits
or vegetables, tin cars. or other
containers originally used f
foodstuffs. The term '-garbage
shall not include mineral waste�
or manufacturing or processing
WAatla
Ic) GARBAGE CAN
Can" means a water-bc!.' .
tacle or container of suostantlal
metal construction or plastic,
having a capacity of net less
than 10 nor more than 32 gallons,
with a tight fitting lid or cover,
with not less than one handle
on the lid or cover, and two
handles on the receptacle or
container by which same may
be conveniently lifted or moved.
Cana in excess of 32 gallons ca-
pacity will not be serviced
(d) GARBAGE DISPOSAL
AREA, "Garbage Disposal Area"
mean. a plate or places desig-
nated by the City of Fayette.
ville for the purpose of dispos-
ing of refuse, including incin-
erator and other dumping areas..
(el LODAL TYPE CONTAINER.
"Lodal Type Container' shall
mean a Lodal container or simi-
lar container designated for me-
chanical pickup and removal of
contents by Sanitation Depart.
ERSON OR PERSONS
It or Persons" means any
idual, firm or corporation.
PREMISES. "Premises"
is any flat. dwelling, room-
iouse, apartment house, hot -
school, hotel, club. res-
nt, boarding house, eating
shon. rhurrh emrn ,..
court house.
office or 0th.
IDENTIAL S
al Service" m.
and removal
trash from
esidencee, tw
means the Sanitation.
ment of the City of Fa.r
Arkansas.
(J I SANITATION S E R
"Sanitation Service" sha
the collection, removal,
posal of waste, refuse, F,,. ...4,
trash and rubbish; the insecti-
cidal fogging and/or spraying
performed by the City of Fay-
etteville, Arkansas: animal con-
trol and such other functions
contained herein that are neces-
sary for the preservation ofd
health, safety, and welfare of,
the community.
(It) TRASH, "Trash" includes all
non.putresetble sold wastet
consisting of both combustible
and non-combustible w a c
such as paper, cardboard
rockery, excelsior, clot)
bniikr materials. Thr
'Trash" shall not inctcd,
rral .caste or
processing •t' -
SFCTION 2. Tb
aragraph of Sect on
ayetteville Code of
ghould be amended to
The Sanitatioyq
.all he ufall" ,thi
the -Sanitanpo.
who in turof ,,M
general direction
hfanaeer. ray
SECTION 1.f 1211M1
of the Fayetteville
nances should be am
1ft_ibetng yla , t j 'removed
from thed
(b) MA CANS.
It shat] be Id;f such per -
tin to 't Ibilep uneclean ae,
a' M and to keep them clean ail
ill times. -NMice of nnservtce-
or unsanitary condition oft
f will be served upen such
(.. person by the j5uperintendent of
the 9anrUvf4cft kkpartment or his
authnrited }e)f}aent Mive at
which itnf1}ttt`� th person shall
take promhp • itrtlon to corset
the existing conditions.
tg� 718MOVA'G FROM DttlZL-
INli3. Only gefbage and trash
Si g ttned by this OFdi.*tes
will be removed- 1. nt'•'1fie )ASr
of dwellings aald thawra_I'*t
dwelftnp y notM beir♦nstDtsd
r' beat rtld r tear t I theia{.
Provided, hoow'evveer,, the owner or
y to DM h,I t1 front place r it of his
d•NXng oor;.1st h ev at.'. ala
garage door, -In the sump tiM
i owner or obdupant starts -dial
place his can inside his RaRpq
door, the City of Fayetteville.
assumes no liability
for the i for least item placed open
or neat Mlle can, anti the owLMr
or neeupawh .sums the rak of
to" of such items.
ten LOCATION OF -
CIAL AND APARTMENT CANS
OR CONTAIZ4EIW. The place-
ment and loocatioation ofgarbage
cans or Lodal type rnand frs
Ian- �[ vice and for
m �eoM mM1
a _ fthsl6� agtlmanl but l0
M_.
we al tan. valolrl'a-M tiaaed net
wd,�ha.Sasnhi.
cars or
he rectulr'ed-th"Ygfl]li
or other litter rand pis
page cans or I:OAttI ty
ern placed on top of
such receptaeiea.' if'
lf$ CAPACITY OF C
ARDS. No garbage c
filled to coalnfh .Dfg/t
ISO) pounds and ilal
create s fire tavar
%er oraire for rodedh
Sec 111-4. Aceeaa'atd:'gwraapf
and Trash Containers.
It shall be incumbent upon the
tenants, lssees, gaisto n4a or
owner of the pretNsea w re
Cs chairs or trash '.+ gener'{tned
to pro' de a safe +nd snit l -
s I ertrsnte 10 .a1d -hrnugh
`o p1 ern1Rs for ale ,'.irpoaea
ol collecting same And, a
vicious. animals shall either
confLsad. or aae'ba * and tr
containers placed at a point
where collectors may service
Aa•re .vithnttr Attack 'rn , said
v
STATE of ARKANSAS 1
ga.
County a IngtOal 'yL
I, �_.. ---------------------------------------------------,hereby certify that I
am the (General Manager) of THE NORTHWEST ARKANSAS TIMES,
a daily newspaper having a second class mailing privilege, and being not
less than four pages of five columns each, published at a fixed place of
business and at a fixed (daily) intervals continuously in the City of
Fayetteville, County of Washington, Arkansas for more than a period
of twelve months, circulated and distributed from an established place of
business to subscribers and readers generally of all classes in the City
& County for a definite price for each copy, or a fixed price per annum,
which price was fixed at what is considered the value of the publication,
based upon the news value and service value it contains, that at least fifty
percent of the subscribers thereto have paid cash for their subscriptions
to the newspaper or its agents or through recognized news dealers over a
period of at least six months; and that the said newspaper publishers an
average of more than forty percent news matter.
I further certify that the legal notice hereto attached in the matter of
was published in the regular daily issue of said newspaper for_
consecutive insertions as follows: ?? //77� �®
The first insertion on the _,112 day of _1�2 ✓ _- 19Y
the second insertion on the - ------------------------------- day of ------ __________- 19
the third insertion on the day of ------___--_-____-___- 19__ -
and the fourth insertion on the .. .. _.,.__ __. doy of .......________ 19._..
___-___.-_-.._____�_._•� 11
Sworn to and subscribed before me on this is __ day of
19CPO_
N y Public
My Commission Expires:
frna -/4/222
Fees for Printing ------
Cost of Proof __--___ $____________
Total ----------
$_7"
animals. Where commercial col-
lections are made from alleys
and access ways said ap-
proaches shell be maintained in
such manner as not to be a haz-
ard to Sanitation Department
personnel or equipment. Failure
to comply with the provisions
of this Section after notification
by the Sanitation Department
will result in discontinuance of
service until such condition is
corrected.
SECTION S. That Section 10-5 of
the Fayetteville Code of Ordi-
nances should be amended to
read as follows:
Sec. 10-5. Public Nuisance, Noti-I
sal It shall be unlawful for the
owners, occupants, tenants, or
lessees of any dwelling or place
of business to allow garbage,
trash or other litter to accu-
mulate on his premises, or to
place or cause to be placed
paper, cardboard or other lit-
ter in such a manner that it will
he blown onto the streets or on
another's property, or in such
other manner as to cause un-
sightly or unsanitary conditions
In the City of Fayetteville, Ar. ,
kansas.
(h) The Sanitation Superin-
tendent or the Health Depart-
ment. Sanitarian or their au-
thorized representatives shall
have the duty of notifying
the owner, occupant, tenant, or
lessee of a dwelling or place of
business where one or more Of.
the conditions described in
paragraph (a) of this Section ia'
found to exist. I
let It shall be the duty of the,
owner. occupant, tenant or
lessee of such premises to cor-
rect said condition, or conditions
within thirty (30) days from date
of receipt of such notice.
ids If the owner, occupant, ten-
ant. or lessee fails to obey such
notice and continues to main-
tain said prohibited condition or
conditions, such person shall be
deemed in violation of this Or-
dinance and shall be subject to
the penal provisions contained
in this Ordinance.
(e) The provisions of this Sec-
tion are supplementary to. and
do not amend or repeal the pro-
visions of Sections Il-i through
11-3 of this Code.
SF.CPION 6. That Section 10-6
of the Fayetteville Code of Ordi-
nances shall be amended to read
as follows:
Sec. 10-6. Dumping and Garbage
Disposal Areas.
Dumping within any area with-
in the City of Fayetteville, Ar-
kansas, except in garbage dis-
posal areas as defined by Sec-
tion 10-1 of this Code is pro-
hibited.
SECTION 7. That Section 10-9
of the Fayetteville Code of Ordi-
nances shall be amended to read
as follows:
Sec. 10-9. Brush and Limb Ser-
vice.
Brush and limb service is pro-
vided on a call basis to residen-
tial service customers, not to
commercial service customers,
and is not to be construed as a
service to remove old furniture,!
old stoves, refrigerators or build-;'
ing debris, etc., as defined in
Section 10-10 of this Code. The
removal of such Items is the
responsibility of the owner, oc-
cupant, tenant or lessee. The
brush and limb service to resi-
dential service customers shall
be scheduled as other work
permits.
SECTION S. That Section 10-11
of the Fayetteville Code of Or-
dinances shall be amended to read
as follows:
Sec. 10-I1. Collection and Re-
moval of Mineral, Manufactur-
ing. and Processing Wastes.
Mineral wastes, manufacturing
or processing wastes to include
sawdust and like residue, shall
not be considered garbage or
trash as defined or outlined in -
this Code. The service of col-
lecting, removing, and disposing
of minoral waste, manufacturing;
or processing waste to include.
sawdust and like residue shall
not be rendered by the City- of
Fayetteville. Arkansas. Sanita-
tion Department, unless a writ-
Irn contract hettcrml the ( VII I
C:. otutnisnt. tenant or IrAler'Ir-'
si'tyy'',dfyh servies end the it
:TTOliar i.dNt?nss+»ilitid.'
N 9 ;lCuop ,alt
I': theneA' 9VAW ,Code a f,•.
d lnancey aha r d .goo ponce t.
Sec, f�Pt
Failu m tttt the
roVislongg o4 this Any prison r tutrarnng to coo-
'.. pie, read94p—•p*441 d'ad- aN hTMpti garisge. "iss
.d�1ltional (barns eat. tfldh seM'Ice- vylJiyl, Iy !Ir
the City
�ytill resoit" addddddKKtfffflSneI charges llf�Tt,d��ndip.�i�). rite the u r th!'.te specified aI'ain Article II of this Chapter.ECTI0N Thal Section rdt-�tM Fa$ fire Code io O0i-15 ces shall afnended by substi-I perite 'Words "City Manager"he heard "mayor" appearing rnenta ve.tn -'iuep
Ip„ d{A. Secitq{� time as the rounds are normal-
•EL+CiTCIN"fT 7Tat Sicunn 10-17' Isyp open and
Of the Fayetteville �bde' of Ordl-I aai�Vai le.
panicseiflLarbage
to read clause
as polioSet lnetice nr
and '{lroof io any pp,sppt� or circum-
It sy�ed s- Vihlation' cc is,heMflplrlayld or mop -
of this p,eeraon to II er;iive, the renalr�a�CdlL� of the Or-
l+uro aifNtdf r, rahp et in dQinance and a�{ort thereof
i tp tors that tli.*' een ap-1 to other pereu� �rcu nces
tl{ '`+ tlmt shalt not N. 15. Hence shall be n iThaat'l this
Yh! ( ' the SECTION n f Oro:
I lk. fun force and
{ 6 effect from and after its passage,
approval and publication
Ct l6f, -' tOtt" S Wfl - PASSED AND APROVED this
u ti* _,N,1 1 19th day of August, 199.
"P.yn1y_..pCS APPROVED:
.An ppryyl�f�io etatev�Cno�)tcreetin; the pro- DON TRUMBO, Mayor
t+mq� pg,gi f ssliad►pter( d+all be ATTEST:
R1iill m r and George S. Davis,
ups n'F cti th jeforha11. City Clerk
tfiel 29-Itc
IhA11 re
AR :
or hyfoot
n
s m t}jff�Imore:
than ��pp�gqJpw,� h YYch fine
SLC' ray tlyl tfle a-WtI 2
of the bFayeCtev111a Code at,.ppygppl-
n:ntces V`4 ended 17Zsd
aS fol1t > amended
Sec. I ttui t jU IgnAri of RAIN
Eseutptalafe i us ..
Appeal fail adjustment of soles
for abeam prescribed by this
ArticANY le be directed 'Ti writ -
log 10 'Yan Sanitation $uperio-
trndent and the City Manager.;
App eyl jhtg decision ails ll.,
hey r T e City Board of
I>,re nors all be in wthtfrig
.scot filed with the City Clerk
wilbul ."f1 dppys of the date wtft-
irn •pfirgl/fltherinte Ott of the
9entfAtioM uperinse t and the Cft Agee is given. Ex-
e'nPtippnn/ rs faptlatinn.
ritargd!tt he granted by the
City Board of Directors upon
written request owe.for a just'.
eanUe.'.
SECTION 19. That Section 10-331
M the Bayfirville Code of Ord'-
nanres Shah be amended to read
as innowrna,
Sec. lNd5. Bltbngi When PayA
ble
The. biding for services herehy
provided shall he in ad Vance and
shall be,lchtded in the eatFen-i
dead IbontNy to each nf'
City wa f . or such s 'may!
for.h,nett by any other .pradtca-.
hie meaar of collection. Lm it
shill he the tints of eachDYmer.
ncutq)anf, tenant orlessee to pay
for the secures provided for on
or before the Tenth day of each
month. At the same time and in.
Ire same manner provided for
1 h payment of water hill.
SECTION U. Thai Sections 10-
JJ).17, lu-48. LO -49. and 10-.11 ,d
tie Faye❑eville Code of Ord:-
n,inces ate hereby repealed In.
entirety,
C:IO.A :1 That Se„r"
CITY OF FAYETTEVILLE
SPECIAL REPORT
AND
PROPOSALS
SANITATION DEPARTMENT
_year
Clerk
•
1 PROPERTY OF CITY CLERK
TABLE OF CONTENTS
Page
Letter of Transmittal 1
Table of Organization 2
Ordinance . . . 3
Estimated Net Operating Revenues 4
Proposed Operating Expenses and Estimated Capital Outlay. . 5
Tentative Collection Boundaries and Days of Pick-up in
Residential Areas . . . . . . . . . . .. . . ... . ... . 6
Brochures of Equipment . . . . . . . ..... ... . . . . ... . . 7
Municipalities, Firms and Individuals Consulted on
Data in This Report . . . . . . .. . . . . . . . . . . . . . 8
Special Report on Rates and Billing ... . . .. . . . Under Separate Cover
II
CITY OF F: YLTTEVILLL
SiNIT. PION COIiIITThE
March 29, 1965
Mayor Guy E. Brown and
Members of the City Council
Fayetteville, Arkansas
At the request of the City Council, members of the Sanitation
Committee have made a study of the Sanitation Department with the
purpose to determine the possibilities of making the department self-
supporting and improving its services.
Your committee found that the principal problems facing the
Sanitation Department were: antiquated and worn out equipment, city
dump too far from the city and difficult to reach, inadequate equip-
ment for land fill, improper garbage receptacles and an inadequate
rate structure.
The accompanying report presents the reco;:unendations arising
from this study as follows:
1. The Department should be organized in accordance with the
table of organization set out on page 2. This will facilitate the
flow of command and set out the lines of authority and responsibility.
2. In order to enable the department to operate efficiently,
it is necessary to set standards. The proposed ordinance beginning
on page 3 is designed to stc:ndardize the size of receptacles at
residential stops to safe limits for efficient handling; to provide
for standard commercial containers designed for handling by pickup
units of the proposed system; and to provide a uniform commercial
and residential rate that will furnish sufficient revenue for twice
a week garbage collection, weekly trash and debris removal, street
cleaning, operation of the leaf -limb -fogging section and provide
improved animal shelter services.
3. A change in the equipment used for garbage collection from
the present Pak-Mor system requiring three men to a unit which must
make the long haul to the city dump, to a system of collection trains
with a tender to cmpty.the trains and carry the refuse to the incin-
erator. The train units will require two men, and the tender truck,
servicing several trains, requires one operator. And a change from
the city dump to an incinerator operation. Estimated capital outlay
for the necessary equipment is shown on page 5-2. No credit has
been taken for salvage value of existing equipment which has an
estimated sales value of approximately $10,000.00.
4. Page 4 of the report sets out the estimated revenues to be
produced by the revised rate structure, a summary of operating expense
(more fully detailed on pages 5 and 5-1) and the resulting net reve-
nues to be produced if the proposals contained herein are adopted
and implemented. Attention is directed to the note on page 4 explain-
ing the application of the projected revenues.
5. We have included at page 6 a map of tentative collection
areas, indicating days of pickup. After implementation and scheduling
of routes, it is anticipated that pick up times will become relatively
constant so that the householder will be able to determine with some
degree of accuracy the time she can expect to have her garbage re-
moved. Curb -side trash and debris removal will be scheduled for each
Wednesday.
The members of the committee who have made this study feel
strongly that this proposed revision of the Sanitation Department is
not only workable, but essential if the City of Fayetteville is to
meet its obligation to its residents in this field of required
municipal service. They hereby recommend your favorable consideration
of this proposal.
Respectfully submitted,
i w
Grover C. Thomas
Sanitation Committeeman
-2-
TABLE OF ORGANIZATION
DEPARTMENT OF SANITATION
SUPERINTENDENT
Unit
#1
Inspector
Foreman
Unit #1
Unit "#1
•
Refuse
Refuse
Street
Spraying Leaf &Limb Animal
Collection
Disposal
Cleaning
Fogging. Collection Shelter
Unit #2 & 3
Unit #4.
Unit #5
Unit #f,5 Unit #5 Unit #6
ORDINANCE NO.
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 ESTABLISHMENTS, OR OTHER BUILDINGS WITHIN THE CITY OF FAYETTEVILLE,
ARKANSAS, TO PROVIDE CONTAINERS AND RECEPTACLES; FIXING MONTHLY CHARGES
TO BE MADE TO OWNERS, OCCUPANTS, 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 RECEPTACLES
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 DEPARTMENT TO MAKE PERIODIC INSPECTION OF BUILDINGS AND
PREMISES, AND ALL PLACES WHERE GARBAGE AND TRASH MAY ACCUMULATE AND TO ENFORCE
AND ADMINISTER THE PROVISIONS OF THIS ORDINANCE; PROVIDING FOR CHARGES FOR USE
OF THE DUMP GROUNDS AND/OR INCINERATOR PROVIDED BY THE CITY OF FAYETTEVILLE,
ARKANSAS; PROVIDING A SAVINGS CLAUSE; FIXING A PENALTY FOR VIOLATIONS HEREOF;
REPEALING ALL ORDINANCES IN CONFLICT HEREWITH;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS AS
FOLLOWS:
SECTION 1. TITLE
From and after its passage and approval, the short title of this ordinance
shall be: "SANITATION ORDINANCE OF THE CITY OF FAYETTEVILLE, ARKANSAS."
SECTION 2. DEFINITIONS:
The following words and terms when used in this ordinance, shall have the
meanings respectively ascribed to them by this section, unless the context
clearly indicates otheririse..
(a) GARBAGE. "Garbage" includes all waste accumulations of animal,
fruit or vegetable matter that attend the preparation, use, cooking, dealing
in or storage of meat, fowl, fish, fruits or vegetables, tin cans or other
containers originally used for foodstuffs.
(b) RUBBISH.. "Rubbish" includes all non-putrescible solid wastes,
consisting of both combustible and non-conbustible wastes, such as paper, card-
board, glass, crockery, excelsior, cloth and similar materials.
(c) GARBAGE CAN. "Garbage Can" means a water -tight receptacle or
container of substantial metal construction or plastic, having a capacity of
not less than 10 nor more than 32 gallons, with a tight fitting lid or cover,.
with not less than one handle on the lid or cover, arid two handles on the
receptacle or container by which same may be conveniently lifted or moved..
No cans in excess of 32 gallons capacity will be serviced.
(d) SANITATION DEPARTMENT. "Sanitation Department" means the City
Sanitation Department of the City of Fayetteville, Arkansas.
(e) SANITATION SERVICE. "Sanitation Service" shall mean the collection,.
removal, and disposal of waste, refuse, garbage, trash, and rubbish; the
insecticidal fogging and/or spraying performed by the City of Fayetteville,
PAGE 2
Arkansas, for the control of flies and other insects during the summer months;
operation of an animal shelter; sweeping of streets; and such other functions
contained herein that are necessary for the preservation of health, safety,
peace and public welfare.
(£) GARBAGE DUMP. "Garbage Dump" means place of dumping or disposing of
such place or places designated by the County Health Office of Washington County..
(g) PERSON. "Persons" Means any individual, firm or corporation.
(h) PREMISES. "Premises" means any dwelling, flat, rooming house, apart-
ment house, hospital, school, hotel, club, restaurant, boarding house, eating
place, shop, church, place of business, manufacturing establishment, court house,
jail, city hall, post office, or other public building..
(i) RESIDENTIAL SERVICE. "Residential Service" means the collection and
removal of garbage and trash from all one -family residences, two-family resi-
dences or duplexes, residences with one apartment, trailer houses and multiple
housing units. Each unit of multiple housing units shall be considered as a
separate single family dwelling unit..
(j) COMMERCIAL SERVICE. "Commercial Service" means the collection and
removal of garbage and trash from all commercial, public or private institutions,
fraternity houses, sorority houses, rooming houses, boarding houses, business
establishments, office building, and any or all other building or portions
thereof, occupied and/or used for any other purpose not herein stated..
SECTION 3.. USE OF GARBAGE CANS FOR DISPOSAL OF GARBAGE..
(a) It shall be the duty of every person in possession, charge or
control of any premises where garbage is created or accumulated, and in case
of multiple dwellings or multiple occupancy, the owner of the premises, at all
times to keep or cause to be kept a sufficient number of garbage cans (at least
one garbage can for each family or other unit) for the deposit therein, and
lids or covers of such garbage cans shall be kept tightly closed at all times
other than when garbage is being deposited therein or removed therefrom.
Containers having ragged or sharp edges or other defects must be promptly
replaced upon receipt of notice from the Superintendent of the Sanitation
Department or his agent and if not so replaced within 10 days of receipt of
such notice, such non -conforming or defective container may be collected by
the Superintendent of the Sanitation Department or his agent, disposed of as
waste and every person in possession, charge or control and in the event of
multiple occupancy, the owner of the premises shall be held responsible. Only
garbage as defined in this ordinance shall be removed from rear of premises.
However, subject to the approval of the Superintendent of the Sanitation Department,
persons charged in this section with the duty of providing suitable containers
may arrange for the garbage to be deposited in large removable containers,
such as LoDal containers, or other large containers, approved by the Superintendent
or his agent.
(b) ACCESS TO GARBAGE CONTAINERS.
It shall be incumbent upon tenants, lessess, occupants, or owners of
said premises to provide a safe and convenient entrance to and through the
premises for the purpose of collecting garbage. All vicious animals shall either
be confined or garbage receptacles placed at a point where collectors may
PAGE 3
empty same without attack from said animals. Where commercial collections are
made from provate alleys and access ways, said approaches shall be maintained
in such a manner as not to be a hazard to Sanitation Department personnel or
equipment. Failure to comply with above provisions after notification by the
Sanitation Department will cause service to be discontinued until such time as
same is corrected.
(c) "DRIVE-IN" ESTABLISHMENTS.
The owners, operators, lessees and employees of any soda fountain, lunch
counter, drug store, grocery or other mercantile establishment which engages in
'drive-ins service or makes delivery of goods to customers in parking areas
adjacent to the streets of the Oity, shall see to it that the wrappings,.con-
tainers and other papers which enclose or accompany such goods are not
thrown or deposited or allowed to blow upon his premises and the streets of
the City, and if any wrapping, container, napkin, straw or other accompanying
paper or trash shall accidentally fall or blow upon the streets of the City,
the owners, lessees and employees of such soda fountain, lunch counter, drug
store, grocery or other mercantile establishment engaging in 'drive-in' service
shall be jointly or severally responsible with the customers thereof for the
immediate removal of the wrapping, container, napkin, straw or accompanying
paper or trash from the street.
SECTION 4. PROVIDING FOR SUFFICIENT NUMBER OF CANS AND/OR CONTAINERS..
It shall be the duty of every person in possession, charge or controll of
any premises where rubbish or other non-putrescible waste is created or accumu-
lates, at all times to keep or cause to be kept a sufficient number of
garbage cans or other containers for deposit therein of rubbish to prevent the
spreading or scattering of such rubbish upon said premises.
SECTION 5. DUMPING GARBAGE OTHER THAN IN GARBAGE DUMP PROHIBITED.
It shall be unlawful for
any person to
dump,. or
cause
to be
dumped, any
property other than a garbage
dump defined
in Section
2 of
this
ordinance.
SECTION 6. PREVENTION OF PUBLIC NUISANCE
It shall be unlawful for any person in possession, charge of or control
of any premises to keep, cause to be kept, or allow the keeping on any premises
within the corporate limits of the City of Fayetteville of garbage or
rubbish, in such manner that it will become offensive or deleterious to health
or likely to cause disease and the same is hereby declared a public nuisance..
The Health Officer of Washington County, his authorized representatives, or
such other duly authorized inspectors as may be designated by the City Council
of the City of Fayetteville are hereby authorized to inspect any premises in
the City of Fayetteville or its police jurisdiction for the purpose of seeing
that the requirements of this ordinance are being complied with, and it shall
be unlawful for any person whomsoever to resist or interfere with such
representatives by word, deed, or act in the performance of such inspection.
SECTION 7.. LOCATION OF COMMERCIAL CANS AND/OR CONTAINERS.
All garbage cans and rubbish containers to be emptied by Sanitation
Department from business establishments shall be placed at places to be determined
by the Sanitation Department on the days and between the hours designated by the
said department.
PAGE 4
SECTION 8. COLLECTION FROM RESIDENCES.
All garbage cans for the collection from residences by the Sanitation
Department shall be placed near the back entrance of such residences unless
otherwise designated by agreement with the Sanitation Department and no
collection personnel are permitted to enter houses or buildings for collection
of garbage.
SECTION 9. PROTECTION OF PROPERTY.
It shall be unlawful for any person to sweep, throw or otherwise deposit
or cause to be swept, thrown or otherwise deposited any garbage or rubbish into
or on any public street, alley, sidewalk, park or the property of another person
or property which is in the possession of another person within the corporate
limits and police jurisdiction of the City of Fayetteville or to permit any
garbage or rubbish to accumulate in such manner that it may be carried and
deposited into or on any of the above places by action of the rain, wind, or
snow.
SECTION 10. PROTECTION OF PUBLIC FACILITIES.
It shall be unlawful for any person to sweep, throw, or deposit or cause to
be swept, thrown or deposited into or on any canal, stream, public water drain,
ewer or receiving basin within the corporate' limits and police jurisdiction of
the City of Fayetteville any garbage or rubbish, or to permit same to accumulate
in such manner that it may be carried and deposited into or on any of the above
by action of the rain, wind and snow.
eFCTION 11_. ILLEGAL TO REMOVE GARBAGE FROM CANS OR CONTAINERS.
It shall be unlawful for any person to remove any garbage or other like
material from any garbage can or other container within the corporate limits
and police jurisdiction of the City of Fayetteville after it has been placed
therein except under the orders of an officer, agent, or employee of the Sanitation
Department or by some other person removing same for disposal.
SECTION 12. COLLECTION OF BUILDING DEBRIS, DIRT, STUMPS, TREE TRUNKS.
Building debris such as scrap lumber, plaster, roofing, concrete, brickbats
and sanding dust resulting from the construction, repair or remodeling of any.
building or appurtenances on private property, dirt, stumps and tree trurks will
riot be removed by the Sanitation Department, but the owner must cause this waste
to be privately moved.
SECTION 13. COLLECTING AND HAULING FROM PRIVATE PROPERTY PRIOR TO OCCUPANCY.
That the City of Fayetteville shall not be responsible
and hauling of rubbish, trash, limbs, brush, or other debri
preliminary to, during or subsequent to construction of new
type prior to occupancy. Said material shall be removed by
property or the contractor responsible for the accumulation
SECTION 14. DEAD ANIMALS.
for the collecting
> from private property
buildings of whatsoever
the owner of said
of same.
(a) Dead animals in the corporate limits of the city not in excess of
fifty pounds in weight will be picked up by the garbage collectors, but in no
event shall any person having a dead animal on premises occupied or under the
control of such person allow it to remain undisposed of for a period of longer
than twelve hours. In the event the deadnanimals must be disposed of on a day
other than the regular designated collection day, the Sanitation Department shall
be notified. All animals above fifty pounds must be removed within twelve hours
by the owner and it shall be unlawful for any person to throw or put into the
•. streets, lanes, alleys, parkways, or rights of way any dead animal.
(b) PLACES OF BUSINESS TREATING, HANDLING OR BOARDING ANIMALS.
It shall be the duty of places of business making a business of treating,
handling, keeping, or disposing of animals to remove all dead animals from their
premises to City Dump under same regulations as apply in Section 14 (a).
SECTION 15. RESPONSIBILITIES OF PRIVATE CONTRACTORS.
It shall be the responsibility of all Fence Companies, Tree Surgeons, Nurseries
and Landscape Contractors or any individual or company doing work on private property
to remove from premises all residue and rubbish resulting from said work.
SECTION 16. BUSINESS FIRMS SWEEPING TRASH INTO STREETS OR CURB LINES.
It shall be unlawful for any firm or business house to permit the residue from
their sweeping of buildings, parking areas or sidewalks to be swept into curb lines
or street, but shall have said residue or trash placed in proper receptacles for
pick-up by garbage crews.
SECTION 17. LITTERING, ETC.
It shall be unlawful for any person to throw, cast or otherwise deposit or cause
to be thrown, cast, or otherwise deposited, any paper, garbage, rubbish, containers,
(either glass, metal or paper), or any other substance of any kind in or upon any
curb, gutter, street, avenue, highway, tunnel, sidewalk, park, parkway, or lot -
vacant or occupied - except as permitted elsewhere in City Ordinances.
SECTION 18. PUBLIC TRASH RECEPTACLES.
It shall be unlawful for any person to remove or cause to be removed from any
street or sidewalk in the city any receptacle furnished by the city for the deposit
of trash. It shall be unlawful for any person to sit upon or deface any such
receptacle or to cause it to be used in any war. which will make it inaccessible for the
deposit of trash. It shall be unlawful for any person to place, store or cause to
be placed or stored, any goods, merchandise, limber, trash or any other material
near any such receptacle, in such manner as to interfere with or preclude the use
of any such receptacle, for the purpose which it is intended to serve.
SECTION 19. RATE SCHEDULE.
(a) There is hereby established in the City of Fayetteville, Arkansas, a
garbage and rubbish collection, hauling and disposal service, to be operated by the
Sanitation Department. The collection, hauling and disposal of garbage shall be
made by the Sanitation Department not less than two times each week in residential
areas and once each day, except Sundays and authorized holidays for City employees,
in all business areas, and the charges hereby imposed are based on such periodic
collection, hauling, and other services provided by the Sanitation Department.
Rubbish, leaves, grass and shrubbery trimmings shall be collected once per week in
residential areas.
(b) Beginning with the service to be rendered for the month of
1965, starting on the 1st day of said month and ending on the last day of said
month, and continuing monthly thereafter, the following charges shall be paid to
the City of Fayetteville by every person for the collection, hauling, and disposing
of garbage and rubbish, and for other services provided.
RESIDENTIAL CHARGES:
$1.50 per month for each single family dwelling unit, limited to two garbage
cans not to exceed 32 gallons capacity each.
COMMERCIAL ESTABLISHMENTS CHARGES:
$3.00 per month for each commercial establishment using one can not to exceed
32 gallons capacity each; and $3.00 per month for each additional can used.
BULK CHARGES:
In the event that commercial establishments require bulk pick-up service of
cartons, crates and baskets, etc., such establishments shall pay in addition to the
charges set forth above for such service at the rate of $0.25 per minute required
per pick-up.
LODAL TYPE CONTAINER SERVICE CHARGES:
Any persons using LODAL type containers for the collection of garbage and rubbish
shall pay at the rates indicated below per service for the emptying of same.
-5-
PAGE 6
CONTAINER SIZE
1
cubic
yard
2
cubic
yard
3
cubic
yard
4
cubic
yard
6
cubic
yard
8
cubic
yard
DUMPING AND/OR INCINERATION CHARGES:
Passehger. vehicles
CHARGE PER SERVICE
$ .75
$1.50
$2.25
$3.00
$4.50
$6.00
None
For each truck load, or part of a load, for trucks with a gross vehicle
weight (for State licensing purposes) of:
0 lbs. to 6,000 lbs $ .35
6,001 lbs, through 12,000 lbs. $ .50
12;001 lbs. and above $1.50
Semi -trailers tractor units $2.00
*Compactor type trucks $3.00
*A monthly or annual dumping and/or incineration fee may be
negotiated between any Federal, State, County or Municipal
agency and commercial establishments desiring to utilize the
Dump Grounds provided by the City of Fayetteville, Arkansas.
(c) Bills for services hereunder shall be due and payable during the month
in which service is rendered. Statements for services rendered will be mailed
by the Business Office, City of Fayetteville on its regular billings for water
and sewer service and when so mailed, payment of the fee shall be made to the
Business Office, City of Fayetteville for garbage service.
SECTION 20. CONTRACT TO COLLECT AND REMOVE.
(a) No person execpt 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, Arkansas, without a written contract with the City
of Fayetteville, Arkansas,
(b) Vehicles used in hauling trash or rubbish shall have beds of tight
construction to prevent the contents from sifting or falling from the vehicle,
and must have a canvas cover over said vehicle at all times except when loading
and unloading,
(c) Trucks used in the hauling of garbage must either have a bed con-
structed of metal and be leak proof or have metal containers with tight fitting
lids. Trucks are required to be covered with metal or tarpaulin at all times
except when loading.
PAGE 7
(d) An annual Regulatory License of $10.00 per annum is hereby levied
for each vehicle used in the hauling of garbage, trash or rubbish, licenses
will be issued on a calendar year basis.
(e) Any contract or liscense to collect or haul garbage, trash or
rubbish 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 City of Fayetteville, Arkansas, the work is being done in an unsatisfactory
manner or in such a way as to constitute a public menace, or nuisance, or to be
detrimental to the appearance of the City of Fayetteville.
SECTION 21, GENERAL PROVISIONS
(a) If the Sanitation Service provided for herein is extended to include
owners, occupants, tenants or lessees of residences, commercial, public,
or private institution, 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 Fayetteville, Arkansas,
such service shall be subject to all the provisions of this ordinance, and in
addition, a charge of fifty per cent (50%) shall be added to the monthly charges
herein provided for.
(b) 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 provided 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.
(c) Mineral wastes, manufacturing or processing wastes to include sawdust
and like residue, shall not be considered garbage or trash as defined or
outlined in this ordinance. The service of collecting, removing, and disposing
of mineral wastes, manufacturing or processing wastes to include sawdust and
like residue shall not be rendered by the 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 been negotiated.
(d) It shall be deemed a violation of this ordinance for any person to
dump or burn garbage execpt in incinerators that have been approved the
Health, Sanitation and Fire Departments of the City of Fayetteville, Arkansas.
SECTION 21. PENAL CLAUSE
Any person doing any act or thing declared by this ordinance to be
unlawful shall be guilty of an offense against the City of Fayetteville
and upon conviction shall be punished by a fine of not less than One Dollar
nor more than One Hundred Dollars, or by imprisonment in jail or at hard
labor for a period not exceeding six months, or both such fine and imprisonment
at the discretion of the Municipal Judge, City of Fayetteville, Each day any
violation of this ordinance continues shall constitute a separate offense.
SECTION 22. REPEAL
All parts of ordinance of the City of Fayetteville in conflict herewith
are repealed.
SECTION 23 SAVINGS CLAUSE
If for any reason any clause, sentence, section, sub -section or provision
of this ordinance or the application thereof of any person or circumstance is
held invalid or inoperative, the remainder of the ordinance and the
application thereof to other persons and circumstances shall not be affected
thereby.
SECTION 24.
This ordinance shall become effective --------------- 1965.
PASSED AND APPROVED, this __ day of , 1965.
APPROVED:
GUY E. BROWN, MAYOR
ATTEST:
GEORGE J. DAVIS, CITY CLERK
SANITATION DEPARTMENT
ESTIMATED NET OPERATING REVENUES
Estimated Revenues
Residential (6,436 custom:rs @ $18.00
per year) $ 115,848
Commercial (86,106 cu. yds. @ 75C per
cu. yd.) 64,580
Total Anticipated Revenues $ 180,428
Estimated Operating Expenses (pp 5,5-1)
Personnel $ 80,280
Benefits -Personnel 9,688
Operation & Maintenance 55,985
Material & Supplies 1,450
Contractual Services 550
Personnel Services 4,251
152,204
Estimated Net Operating Revenues $ 28,224
Note: The $28,224 estimated excess revenues will be available for
debt service to finance the estimated initial capital outlay
of approximately $200,000. At an interest rate of 4%, this
net revenue will retire $200,000 in approximately 8-1/3 years.
It should be noted that operating expense includes a provision
for replacement of equipment of $28,464 per annum which should
provide sufficient funds to replace equipment as the need
arises.
Because of the necessity of retiring the initial obligation
to be incurred for capital outlay, it is. recommended that
the Sanitation Department revenues be placed in a separate
fund and used only for Sanitation Department purposes includ-
ing operating expenses, replacement of capital equipment and
debt service until all obligations of the Sanitation Department
are retired.
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5-2
MUNICIPALITIES, FIRMS AND INDIVIDUALS
CONSULTED ON: DATA IN THIS REPORT.
Municipalities:
City of Montgomery, Montgomery, Alabama
L. B. Green, Superintendent of Sanitation
City of Tucson, Tucson, Arizona
Herman Danforth, Director of Public Works
City of Scottsdale, Scottsdale, Arizona
Herman Dehner, Refuse Collection Superintendent
City of Durham, Durham, North Carolina
Glen Penland; Superintendent of Sanitation Department. and
Safety Director
City of Aiken, Aiken, South Carolina
RolandH. Windham, City Manager
City of University Park, Dallas, Texas
Ralph E. Hamman, City Secretary
City of Big Springs, Big Springs, Texas
L. M. Crow, Jr.., City Manager and.
Ernest E. Lillard, Director of Public Works
City
of
Denison,
Denison,
Texas
John
K.
Smithen,
Director
of Public Works
City
of Winston-Salem,
Winston-Salem,
North Carolina
Glen
W. Kilday,
Superintendent,
Sanitation Division
City of West Memphis, West Memphis, Arkansas
The Honorable Robert Eden, Mayor and
Hollis Warren, Director of Public Works
n
Firms:.
Lo Dal, Inc., Norway, Michigan
James. A. Payne, Factory. Representative
John Bean Division, F. M.C. , Lansing, Michigan
James Bishop, District Sales Manager
Industrial
Blow
Pipe
Company, Memphis, Tennessee
G. M: De
Han,
Sales
Manager
Lewis Ford Sales, Inc. , Fayetteville, Arkansas
Huenefeld. Equipment Company, Fayetteville, Arkansas
Hailey Sales Company, Fayetteville, Arkansas
Moody Equipment & Supply Company, Little Rock, Arkansas
Olen Smith, Sales Manager
Good Roads Machinery Corporation, Minerva, Ohio
J. W..Orton, Sales Manager
Dempster Brothers, Inc. , Knoxville, Tennessee
Joe Smallman, General Sales Manager
Eastern Equipment Company, Muskogee, Oklahoma
Henry Talley, Sales Representative
Capital Cycle and Equipment Company, Little Rock, Arkansas
Eldren Taylor
Truck Equipment Company, Springdale, Arkansas
Joe Carson,. Sales Representative
Elgin Leach Corporation, Atlanta, Georgia
W. E.. Hyland, Regional Sales Manager
The Automotive, Inc., Fayetteville, Arkansas
Jimmy McDonald
- 8-1 -
Individuals:
Jack Young,, Daytona Beach, Florida
Private Refuse Collection Contractor
Jack Downs, Assistant Superintendent of Sanitation
Montgomery, Alabama
Earl Young, Sebastian County Humane Officer
Fort Smith, Arkansas
Albert J. Jones, City Controller
Fayetteville, Arkansas
Eugene Nottenkamper, West Tree Service, Inc.
Fayetteville, Arkansas
ft
- 8-2 -
BROCHURES
OF
EQUIPMENT
- 7 -