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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 NORTHWEST ARKANSAS DEMOCRAT -GAZETTE NORTHV�E ST ARKANSAS THE MORNING NEWS OF SPRINGDALE NEW SRM- EIDUS THE MORNING NEWS OF ROGERS NORTHWEST ARKANSAS TIMES L L C BEN TON COUNTY DAILY RECORD 212 NORTH EAST AVENUE, FAYETTEVILLE, ARKANSAS 72701 1 P.O. BOX 1607, 72702 1 479.442.1700 1 WWW.NWANEWS.COM AFFIDAVIT OF PUBLICATION I, Karen Caler, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas Newspapers, LLC, printed and published in Washington and Benton County, Arkansas, bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of: City of Fayetteville - Ordinance 5691 Was inserted in the Regular Editions on: June 12, 2014 Publication Charges: $ 116.73 +�a� aak--'- Karen Caler Subscribed and sworn to before me This day of , 2014. a, W Notary Public My Com s ioli Ex fres: Z -,2a(0.04 WILES Arkar 3enton County Notary Pu: omm#~ 12397118 My Comm Is wires Feb, 20, 2024 * *NOTE* * Please do not pay from Affidavit. Invoice will be sent. CATHY WILES Arkansas - Benton County Notary Public - Cpmm# 12397118 My Commission Expires Feb 20, 2024 RECEIVED JUN IS "CITY OF FA)YE J1ZVWa 'CITYLtENSWREE