HomeMy WebLinkAboutOrdinance 5691ORDINANCE NO. 5691
AN ORDINANCE TO CHANGE THE NAME OF CHAPTER 50 GARBAGE
AND TRASH TO RECYCLING AND TRASH COLLECTION, TO
CHANGE ALL REFERENCES TO SOLID WASTE AND RECYCLING
DIVISION WITHIN CHAPTER 50 TO RECYCLING AND TRASH
COLLECTION DIVISION, TO CHANGE "OPERATIONS DIRECTOR" TO
"RECYCLING AND TRASH COLLECTION MANAGER" THROUGHT
CHAPTER 50, AND TO AMEND § 50.05 DEPOSITING ON STREETS,
ALLEYS, OR SIDEWALKS OF THE FAYETTEVILLE CODE
WHEREAS, the Solid Waste and Recycling Division has been renamed the "Recycling
and Trash Collection" Division and the Operations Director no longer heads this division; and
WHEREAS, a grammatical error exists in § 50.05 which uses "without approval" when
the clear intent of the law should be •"with approval."
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby changes the
name of Chapter 50 Garbage and Trash to Recycling and Trash Collection.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby amends
Chapter 50 of the Fayetteville Code by changing all references to Solid Waste and Recycling
Division therein to "Recycling and Trash Collection."
Section 3. That the City Council of the City of Fayetteville, Arkansas hereby amends
Chapter 50 by changing all references to "Operations Director" to "Recycling and Trash
Collection Manager."
Section 4. That the City Council of the City of Fayetteville, Arkansas hereby amends §
50.05 to change "without" to "with" and enacts § 50.05 as shown below:
Page 2
Ordinance No. 5691
"50.05 Depositing On Streets, Alleys, Or Sidewalks
It shall be unlawful for any person to throw, place, dump, litter, or otherwise
deposit any garbage, trash, or refuse upon any public street, alley, or sidewalk of
this city, except in receptacles placed upon such streets, alleys or sidewalks with
approval of the city Recycling and Trash Collection Division."
PASSED and APPROVED this 3rd day of June, 2014.
ATTEST:
By:���� J.&-
SONDRA E. SMITH, City Clerk/Treasurer
... tl\1111ii77!'v'i
Brian Pugh
Submitted By
City of Fayetteville Item Review Form
2014-0221
Legistar File Number
June 3rd, 2014
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Action Required:
Recycling and Trash
Department
Approve an ordinance to change the name of Chapter 50 Garbage and Trash to Recycling and Trash
Collection, to change all references to Solid Waste and Recycling Division with Chapter 50 to Recycling and
Trash Collection Division, to change "Operations Director" to "Recycling and Trash Collection Manager"
through out Chapter 50, and to amend 50.05 Depositing on Streets Alleys or sidewalks of the Fayetteville
Code.
Does this item have a cost? NO
$0.00
Cost of this request
Account Number
Category or Project Budget
Funds Used to Date
$0.00
Project Number Remaining Balance
Budgeted Item? NO Budget Adjustment Attached? NO
Program or Project Name
Program or Project Category
Fund Name
V20130812
E RE's Previous Ordinance or Resolution # t kl�)
Original Contract Number:
Comments:
OFFICE OF THE
CITY ATTORNEY
.DEPARTMENTAL CORRESPONDENCE
TO: Mayor Jordan
Don Marr, Chief of Staff
Brian Pugh, Waste Reduction Coordinator
FROM: Kit Williams, City Attorney
DATE: March 25, 2014
RE: Necessary Update for Chapter 50
Kit Williams
City Attorney
Blake Pennington
Assistant City Attorney
Patti Mulford
Paralegal
Since the Administration has decided to change the name of the Solid
Waste and Recycling Division to Recycling and Trash Collection Division,
Chapter 50 of the Fayetteville Code needs to be amended to conform to this
new name.
In addition, Chapter 50's references to the "Operations Director'
running the division and making certain decisions need to be changed as
this position was eliminated many years ago. I suggest changing it to
"Recycling and Trash Collector Division Manager." However, if the Mayor
determines "Director", "Supervisor", or some other title is preferable,
please let me know and I will happily change the proposed ordinance. I do
think the references for decision making should actually be the head of the
Recycling and Trash Collection Division rather than a Director within the
Mayor's office. All managers and directors eventually work for and must
be responsive to the Chief of Staff and finally the Mayor.
I looked at Chapter 50 because of a question relayed to me by Chief
of Staff Marr from Alderman Marsh. I noticed that § 50.05's language was
comically confused when read literally. The section stated: "It shall be
unlawful for any person to throw ... any garbage ... upon any... sidewalk...,
except in receptacles placed upon such... sidewalk without the approval of
the city...." Thus citizens could not legally place litter in a city approved
trash receptacle, but only trash receptacles that had not been approved by
the City.
It looks like this section has existed in this confused state for decades,
but I believe we need to change it to what the Fayetteville Board of
Directors must have meant: that a person could legally put trash on a
public sidewalk only in a city approved trash receptacle.
Attached is my proposed ordinance to accomplish these changes. I
suggest Brian Pugh start this mainly housekeeping ordinance through the
Legistar system so the Fayetteville Code will properly reflect Mayor
Jordan's intended divisional name change.
ORDINANCE NO.
AN ORDINANCE TO CHANGE THE NAME OF CHAPTER 50 GARBAGE
AND TRASH TO RECYCLING AND TRASH COLLECTION, TO
CHANGE ALL REFERENCES TO SOLID WASTE AND RECYCLING
DIVISION WITHIN CHAPTER 50 TO RECYCLING AND TRASH
COLLECTION DIVISION, TO CHANGE "OPERATIONS DIRECTOR" TO
"RECYCLING AND TRASH COLLECTION MANAGER" THROUGHT
CHAPTER 50, AND TO AMEND § 50.05 DEPOSITING ON STREETS,
ALLEYS, OR SIDEWALKS OF THE FAYETTEVILLE CODE
WHEREAS, the Solid Waste and Recycling Division has been renamed the "Recycling
and Trash Collection" Division and the Operations Director no longer heads this division; and
WHEREAS, a grammatical error exists in § 50.05 which uses "without approval" when
the clear intent of the law should be "with approval."
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby changes the
name of Chapter 50 Garbage and Trash to Recycling and Trash Collection.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby amends
Chapter 50 of the Fayetteville Code by changing all references to Solid Waste and Recycling
Division therein to "Recycling and Trash Collection."
Section 3. That the City Council of the City of Fayetteville, Arkansas hereby amends
Chapter 50 by changing all references to "Operations Director" to "Recycling and Trash
Collection Manager."
Section 4. That the City Council of the City of Fayetteville, Arkansas hereby amends §
50.05 to change "without" to "with" and enacts § 50.05 as shown below:
Page 2
Ordinance No.
"50.05 Depositing On Streets, Alleys, Or Sidewalks
It shall be unlawful for any person to throw, place, dump, litter, or otherwise
deposit any garbage, trash, or refuse upon any public street, alley, or sidewalk of
this city, except in receptacles placed upon such streets, alleys or sidewalks with
approval of the city Recycling and Trash Collection Division."
PASSED and APPROVED this Yd day of June, 2014.
APPROVED: ATTEST:
By:
LIONELD JORDAN, Mayor
By:
SONDRA E. SMITH, City Clerk/Treasurer
Be
OFFICE OF THE
CITY ATTORNEY
Kit Williams
City Attorney
Blake Pennington
Assistant City Attorney
TO: Brian Pugh, Waste Reduction Coordinator Patti Mulford
Paralegal
CC: Don Marr, Chief of Staff
FROM: Kit Williams, City Attorney
i
"_,A
DATE: May 1, 2014
RE: Ordinance to amend Chapter 50 Garbage and Trash to Recycling
and Trash Collection and to amend § 50.05
Attached please find a memo from Chief of Staff Don Marr
requesting that you begin the staff agenda item for the attached ordinance.
Also attached is my memo of March 25, 2014, which you may use (if you so
desire) with the Agenda item to explain why the ordinance is needed.
Please feel free to add or substitute your own memo to the City Council.
1
CITY OF
•
Tay e eVl le
ARKANSAS
TO: Kit Williams, City Attorney
FROM: Don Marr, Chief of Staff 6,„m
DATE: May 1, 2014
SUBJECT: Proposed clarification and name change for Chapter 50
STAFF MEMO
The Mayor and I are in agreement with a noncontroversial clarification and name
changing ordinance for Chapter 50.
If you can please draft the ordinance and make the recommended changes we will be
glad to get with you and assist in the changes.
Thank you very much for bringing this matter to our attention.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
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City of Fayetteville -
Ordinance 5691
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