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 ,
