HomeMy WebLinkAboutOrdinance 4111 ORDINANCE NO. 4111
AN ORDINANCE AMENDING CHAPTER 50: GARBAGE AND
TRASH, OF THE CODE OF FAYETTEVILLE, TO PROVIDE
REGULATIONS FOR A VOLUME BASED COLLECTION
SYSTEM.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS :
Section 1 . That §50.01 , Definitions, of the Code of Fayetteville, is hereby amended to
add:
Container. A receptacle or container, of steel or plastic construction, having
the capacity of not less than 90 gallons, with tight fitting lids, designated for
mechanical pickup and removal of contents by sanitation department trucks,
including but not limited to 90 gallon carts, and 2-8 cubic yard dumpsters.
Residential Garbage Bags. A bag to be used to contain household garbage
and trash. The residential garbage bag shall be constructed as specified by the City
of a durable quality and strength. The bag will be distinguishable by specifications
set by the City , including color, size and graphics. All household garbage and trash
must be placed in specified residential garbage bags, and only waste in specified bags
will be collected by the City.
Section 2. That §50.01 , Definitions, of the Code of Fayetteville, are hereby amended to
delete the definition of Loadall Type Container.
Section3. That the definitions of Disposable Bag and Residential Service, §50.01 ,
Definitions, of the Code of Fayetteville, are hereby deleted and the following shall be inserted in
their stead:
Disposable Bag. A bag constructed of watertight, leakproof plastic or paper
material, of appropriate strength and having a capacity of no more than 50 gallons
for yard-waste.
Residential Service. The collection and removal of garbage and trash from
all single-family residences located on public roadways within the City of
Fayetteville. Collection of garbage and trash from residents on private roadways will
be at the discretion of the city. The City will only collect garbage and trash
contained in residential garbage bags specified by the City.
SEctlon4. That §50.20, Container, Receptacle Specifications, ofthe Code of Fayetteville,
is hereby deleted and the following shall be inserted in its stead:
Page 2
Ordinance No. 4111
§50.20 Service Requirements.
A. Commercial Service.
1. Containers Required. Each owner, occupant, tenant, or lessee
using or occupying any house, building, structure or portion thereof requiring
commercial service shall provide and maintain 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 multiple occupancy, this duty shall be upon the owner
of the premises. Said containers shall be covered at all times except when refuse is
being placed in or removed from them. The City shall not be required to remove
garbage or other litter not placed in containers or that is placed on top of or around
the containers.
2. Container Specifications. Such containers shall meet
specifications set forth by the public works director, and shall be compatible for
automated commercial collection by city vehicles. Containers of volume less than
two cubic yards shall be issued through the City for a purchase price of container cost
plus taxes and delivery charges.
3. Maintenance of Containers. It shall be the duty of such person
to replace unserviceable containers and to keep them clean at all times. Notice of
unserviceable or unsanitary condition of containers will be served upon such person
by the City, or his authorized representative at which time such person shall take
prompt action to correct the existing conditions.
4. Location of Containers. The placement and location of
containers for commercial service and for apartments and apartment buildings shall
be negotiated between the user and the public works director. The city assumes no
liability for the loss of items placed on or near the containers; the owner and/or
occupant assumes the risk of loss of such items. Further, the City assumes no
responsibility for lost or stolen containers.
B. Residential Service.
1 . Residential Garbage Bags Required. Customers receiving
residential garbage and trash service shall use only the residential garbage bags
provided for below. Only garbage placed in such residential garbage bags will be
collected by the City.
a. The City shall supply each resident receiving residential
garbage service with a quantity of residential garbage bags every twelve months,
beginning January 2000. 104 bags will be supplied each resident in the first year
and 78 bags will be provided each resident in future years.
Page 3
Ordinance No. 4111
b. Additional bags will be available through the City at a
purchase price of $ 1 .50 per bag, in quantities of not less than 10 bags. The purchase
price includes collection by the City.
c. Residential garbage bags may be sold through certain retail
outlets for a fee of not less than $ 1 .50 per bag, in quantities of not less than 10 bags.
The purchase price includes collection by the City. Only those retail outlets who
have contracted with the City shall be allowed to sell residential garbage bags for
collection by the City.
2. Location of Residential Garbage Bags. Residential garbage bags
shall be placed at a single collection point within six feet of the curb, street or alley
line, where applicable, by 6:00 am. on mornings regularly scheduled for trash and
garbage collection, provided however, that garbage and trash shall not be placed at
the curb, street, or alley more than 12 hours before regular pickup. Alternate
collection points may be specified at the discretion of the City.
3. Exemptions. Residents who wish to apply for an exemption of the
required location of residential garbage bags may contact the solid waste division
for an application. Final determination of exemption status will be made by the
public works director or his designated representative.
4. Use of Garbage Cans. Customers receiving residential service
may use garbage cans. All garbage and trash placed in garbage cans must be
contained in residential garbage bags as specified by the city and any garbage not
in the specified bags or that is loose in a garbage can will not be collected.
5. Capacity of Garbage Cans. No garbage can shall be filled to
contain more than 50 pounds.
6. Location/Maintenance. Containers shall be located and
maintained as to not create a fire hazard, provide harborage for rodents or breeding
of insects.
C. Yard Waste. A disposable bag may be used in the disposal of yard
waste.
Section 5. That §50.40, Rates for Services, Subsection (B)(2), of the Code of
Fayetteville, is hereby deleted.
Page 4
Ordinance No. 4111
PASSED AND APPROVED this 40' day of August 1998.
APPROVE r:
By:
Fred Hanna, Mayor
ATTEST:
ByTln/Cc. �✓ifo��✓�
Heather Woodruff, City Clerk
h••
ORDINANCE NO. 4111 A, Commercial Service.
isAN ORDINANCE AMENDING 1 Containers Required. Each
CHAPTER 50: GARBAGE AND owner, occupant, tenant, or les-
TRASH; OL THE CODE OF
REGULATIONS
TO PROVIDE see using ping, structure
any - MICRO-we REGULATIONS FORA VOL- house, thereof
r structure or � �
UME BASED COLLECTION portion thereof requiring vide
SVSTEM, menial service shall provide
and maintain containers a,- STATE OF ARKANSAS
BE IT ORDAINED BY THE ficient number of size to contain
CITY COUNCIL OF THE CRY the garbage and/or trash that SS.
OF FAYETTEVILLE, ARKAN• will accumulate on the prem-
SAS: ises. In the case of multiple County of Washington
dwellings or multiple occupan-
q, this duty shall be upon the
Section 1 . That de of , Define- owner of the premises. Said
tions, of the Code Fayette- containers shall be covered at 1, RANDALL COPE, hereby certify that I am the publisher of THE
villa, is hereby amended
d to add: all times except when refuse in NORTHWEST ARKANSAS TIMES, a daily newspaper having a second
Container. A receptacle or being placed in or removed
container, of steel orplastic from them. The City shall not class mailing privilege, and being not less than four pages of five
be required to remove garbage
construction, having the capaci- or other liner not placed in con- Columns each, published at a fixed place of business and at fixed (daily)
ty of not less than 90 gallons, tainers or that is placed on top f intervals continuously in the Cit of Fayetteville, Count of Washington,
with tight fining lids, designated or around the containers. y y y g
for mechanical pickup and re- Arkansas for more than a period of twelve months, circulated and
moval of contents by sanitation 2. Container Specifications.
department trucks, including Such containers shall meet distributed from an established place of business to subscribers and
but not limited to 90 gallon specifications set forth by the readers generally of all classes in the City and County for a definite price
carts, and 2-8 cubic yard dump. public works director, and shall
stem. be compatible for automated for each copy, or a fixed price per annum, which price was fixed at what
commercial collection by city is considered the value of the publication, based upon the news value
Residential Garbage Bags. A vehicles. Containers of volume � p l�
bag to be used to contain less than two cubic yards shall and service value it contains, that at least fifty percent of the subscribers
household garbage and (rash. be issued through the City for thereto have aid for their subscriptions to the newspaper or Its ents
The residential garbage bag purchas price of container p pagents
shall be constructed as speci. cost Pluss axas antl delivery or through recognized news dealers over a period of at least six months
fied by the City of a durable charges.
quality and strength. The bag and that the said newspaper publishes an average of more than forty
well be distinguishable by speci- 3. Maintenance of Contain- rcent news matter.
ficaticns set by the City, enctud- are. It shall be the duty of such Ie
Ing color, size and graphics. All person to replace unservicea.
household garbage and trash ble containers and to keep
must be placed in specified res- them clean at all times. Notice
idential garbage bags, and only of unserviceable or unsanitary I further certify that the legal notice attached in the matter of
waste in specified bags will be condition of containers will be
collected by the City. served upon such Person, by } �II /
the City, or his authorized rep- Cc��� / Y D ,
Sect on 2 That , Define- resentative at which time such
tions, the Code oof f Fayette-s person shall take prompt action /
villa, are hereby amended to to correct the existing condi- r
delete the definition of Loatlall was published in the regular daily issue of said newspaper for
Type Container. tions. consecutive Insertions as follo
Section 3. That the tlefiniteons 4. Location o1 Containers. n
of Disposable Bag and Resi- The placement and location of da Of 19 OV
dential Service, §50.01 , Define- containers for commercial serv- The first Insertion On the y
tions, of the Code of Fayette- ice and for apartments and
villa, are hereby deleted and apartment buildings shall be
negotiated between the user the second insertion on the
the following shell be inserted and the public works director. day Of 19 _
in their stead: The city assumes no liability for
Disposable Bag. A bag con- the loss of items placed on or the third insertion on the day of 19
stmcted of watertight, leakproof near the containers; the owner
plastic or paper material, or an' and/or occupant assumes the
propriate strength and having risk of loss 'f such items. Fur.
the capacity of no more than 50 ther. the Cit assumes no re- and the fourth Insertion On the day of 19
gallons for yard-waste. sponsibility for lost or stolen
containers.
Residential Service. The col- B. Residential Service.
lection and removal of garbage
and trash from all single family 1. Residential Garbage Bags
roadwaysence located a public Required. Customers receiving Publisher if eneral Manager
roadways within the City r. residential garbage and trash
Fayetteville. Collection of ger- service shall use only the resi-
on p and trash fromresidents
ill b eche dential garbage bags provided
di private ro the cit will be the for below. Only garbage placed Swom to and subscri before me on this da of
will only
of the city. The City in such residential garbage y
will only collect garbage and
trash contained in residential bags will be collected by the 19
Citi,
garbage bags specified by the -
City. q. The City shall supply each
resident receiving residential
Section 4. That §50.20. Con- garage service with a quality of n
tainer. R receptacle Specifica- residential garage bags every
tions, of the Code of Fayette-
ville, is hereby deleted and the ary 2000 104 bags will be sup-
following shall be inserted in its Cat
plied and
7 resident in the first 6 t Public
stead: year and 78 hags will be proved r Q1rb�tC. $lntC Of Alk""�' r
each resident in future years. My Commission Expires: r NotaD' , . County
§50.20 Service Requirements. 4 0 5
b. Addi`pnal bags will be avail- t My C"mmissiu" EzP1rcs rl
able through the City at the pur-
chase price of $1 .50 per bag, ttt<tttttttttttttKtttttttttCttttt
in quantities of not less than 10 Fees for Printing $
bags. The purchase price in- """""" '
cludes collection by the City.
— --- — Cost of Proof. .. ......... ..... ....... .............. ..... ... ... .. ..$
Total.... .............. .. ... ...... ... .. .... ... .. ........ ... .... .... ....$
STATE OF ARKANSAS
SS.
C. Residential garbagee -bags County of Washington
may be sold through certain re-
tail outlets for a fee of not less
than $1 .50 per bag, in quanti-
ties of not less than 10 bags. I, RANDALL COPE, hereby Certify that I am the publisher of THE
The purchase price includes
collection by the City. Only NORTHWEST ARKANSAS TIMES, a daily newspaper havin a second
9
those retail outlets who have class mailing privilege, and being not less than four pages of five
contracted with the City shall be
r- columns each, published at a fixed lace of business and at fixed (daily)
allowed to sell residential gar- P P ( y)
bage bags for collection by the intervals continuous) In the Celt of Fayetteville, Count of Washington,
city. Y Y Y Y
Bags.. Residential ga- an established
place
for more than a period of twelve months, circulated and
Garbage Ba
2. Location distributed from lace of business to subscribers and
rage bags shall be placed at a readers generally of all classes in the City and County for a definite price
single collection point within six
feet of the curb, street or alley for each copy, or a fixed price per annum, which price was fixed at what
line, where applicable, 6:00
am. on mornings regulatory is considered the value of the publication, based upon the news value
scheduled for trash and gar. and service value it contains, that at least fifty percent of the subscribers
bage collection, provided how- ' thereto have aid for their subscriptions to the newspaper or its agents
ever, that garbage and trash P P �
shall not be placed at the curb, or through recognized news dealers over a period of at least six months
street, or alley more than 12
hours before regular pickup. AI- and that the said newspaper publishes an average of more than lorty
temate collection points may be percent news matter.
specified at the discretion of the
City.
3. Exemptions. Residents who
wish to apply for an exemption I further certify that the legal notice attached in the matter of
of the required location of resi.den
fact t l garbage bags may con-
tact the solidgarbage
waste division for
an application. Final determina.
tion of exemption status will be
made by the public works direr- was published in the regular daily issue of said newspaper for
for or his designated represen- P 9 y ' pope
tative. consecutive insertions as foilo :
4. Use of Garbage Cane. /� y yP
Customers receiving residential
service may used garbage The first insertion on the �/J a Y of 19 `7Q
cans. All garbage and trash
placed in garbage cans must the second insertion on the da of 19
be contained in residential gar. y
bage bags as specified by the
city and any garbage not in the
specified bags or that is loose the third insertion on the day of 19
in a garbage can will not be col-
eCted.
S. Capacity of Garbage Cans. and the fourth insertion on the day of 19
No garbage can shall filled
to contain more than 50
pounds.
6. Location/Maintenance.
Containers shall be located and PUbIIS r / General Manager
maintained as to not create a
fire hazard, provide harborage
for rodents or breeding of in-
sects' Swom to and subscrd before me on this day of
C. Yard Waste. A disposable
bag may be used in the dis- ' m L/�
poral of yard waste. A
Section 5. That §50.40, Rates
for Services, Subsection (2)(2),
is c LA,the Code of Fayetteville,le, is
hereby deleted.
PASSED AND APPROVED r Catherine Sall Notary Public
this 41h day of August, 1996. M Commission Expires: ' IC. $tatC OPAtltans� 1�
APPROVED: Y P e Pleta,ry�un
))t Washinbnon Dtut
By: Fred Hanna, Mayor >04 My Commission Expires U2f27lOS <
ATTEST. tUt(tt(ttt(tttttct((tt(t(t(tt /
Fees for Printing ....... .. .. ....... ........ ..... .... ........ ....$ J)'
By: Heather Woodruff, City
Clerk Cost of Proof.... .. ..... ............. ... .. ........ .... ... .... .... .$
Total... .............. .... ... .. ......... ..... ... ............ .......... .$