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Home My WebLink AboutORDINANCE 6092Q4 sAkFr7F �RA'n NShS 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6092 File Number: 2018-0469 AMEND § 50.20: AN ORDINANCE TO AMEND § 50.20 SERVICE REQUIREMENTS IN CHAPTER 50: RECYCLING AND TRASH COLLECTION OF THE FAYETTEVILLE CITY CODE TO REQUIRE RESIDENTIAL GARBAGE CARTS TO BE PLACED AT THE COLLECTION POINT BY 5:00 A.M. WHEREAS, § 50.20(B)(2) of the City Code currently requires residential garbage carts to be placed at the collection point by 6:00 a.m. on mornings regularly scheduled for garbage and trash collection; and WHEREAS, the Recycling and Trash Collection Division requests the flexibility to begin collection services, particularly during the hottest part of the summer, at 5:00 a.m. which will require the carts to be placed at the collection point earlier. 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 amends § 50.20(B)(2) Location of Residential Garbage Carts by striking "6:00 a.m." and replacing it with "5:00 a.m." PASSED and APPROVED on 9/18/2018 Attest: 0 Sondra E. Smith, City Clerk %%%j 1 111!lflit reaiEt / TR F►; ern -�� F F-VILLE; 9 *4411G +Ot4 `, Page 1 Printed on 9124118 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File — File Number: 2018-0469 Agenda Date: 9/18/2018 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: C. 5 AMEND § 50.20: AN ORDINANCE TO AMEND § 50.20 SERVICE REQUIREMENTS IN CHAPTER 50: RECYCLING AND TRASH COLLECTION OF THE FAYETTEVILLE CITY CODE TO REQUIRE RESIDENTIAL GARBAGE CARTS TO BE PLACED AT THE COLLECTION POINT BY 5:00 A.M. WHEREAS, § 50.20(B)(2) of the City Code currently requires residential garbage carts to be placed at the collection point by 6:00 a.m. on mornings regularly scheduled for garbage and trash collection; and WHEREAS, the Recycling and Trash Collection Division requests the flexibility to begin collection services, particularly during the hottest part of the summer, at 5:00 a.m. which will require the carts to be placed at the collection point earlier. 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 amends § 50.20(B)(2) Location of Residential Garbage Carts by striking "6:00 a.m." and replacing it with "5:00 a.m." City of Fayetteville, Arkansas Page 1 Printed on 912512018 Leif Olson Submitted By City of Fayetteville Staff Review Form 2018-0469 Legistar File ID 9/18/2018 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 8/27/2018 SUSTAINABILITY/RESILIENCE (631) Submitted Date Division / Department Action Recommendation: Staff recommends approving an ordinance amending the City Code Chapter 50: Recycling and Trash Collection Development to amend the hours of operation for trash and recycling collection. Account Number Project Number Budgeted Item? NA Does item have a cost? NA Budget Adjustment Attached? NA Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Fund Project Title Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget V20180327 Previous Ordinance or Resolution # Approval Date: C. CITY OF FAYETTEVILLE ARKANSAS MEETING OF SEPTEMBER 18, 2018 TO: CC: FROM: DATE: SUBJECT CITY COUNCIL MEMO City Council Mayor Lioneld Jordan Don Marr, Chief of Staff Peter Nierengarten, Director of Sustainability August 27, 2017 Recycling and Trash Division Development Code Amendments RECOMMENDATION: Staff recommends approving an ordinance amending the City Code Chapter 50: Recycling and Trash Collection Development to amend the hours of operation for trash and recycling collection. BACKGROUND: Currently, the City Code permits residential collection of trash and recycling beginning at 6 am. DISCUSSION: It has been the practice of Recycling and Trash to begin collection services during the summer months, Memorial Day to Labor Day, at 5 am in the morning in order to avoid the hottest part of the day. Typically, residential collection has begun at 6 am and recycling collection has begun at 5 am. This code amendment would codify the existing operation procedure for recycling collection and allow flexibility for trash collection to begin earlier if needed. BUDGET/STAFF IMPACT: No Impact Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 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 shall provide and maintain containers of sufficient number and size to contain the garbage and/or trash that will accumulate on the premises. This obligation begins upon issuance of a certificate of occupancy or upon actual occupancy. 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 and be of such size as set forth by the Recycling and Trash Collection Manager, and shall be compatible for automated commercial collection by city vehicles. Containers of volume less than 2 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, 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 Recycling and Trash Collection Manager. 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 Single-Family/Duplex Service and Residential Multi -Family Service. (1) Residential Garbage Carts Required. Each owner, occupant, tenant, or lessee of any house, building, structure or portion thereof in the city limits shall obtain containers from the City of Fayetteville of sufficient size, as determined by the Recycling and Trash Collection Manager, to contain garbage and/or trash. This obligation begins upon issuance of a certificate of occupancy or upon actual occupancy. Customers receiving residential single- family/duplex service shall use only the residential garbage carts provided by the city. Customers receiving residential multi -family service shall only use the garbage or trash container provided by the city. The city shall only collect garbage and trash placed in residential garbage carts and containers or bags with the appropriate city permit sticker attached. (a) Additional Garbage Bog Pickup. On the collection day, an additional garbage bag (not to exceed 35 gallons in capacity, or 50 pounds in weight), with an attached city permit sticker may be left beside the garbage cart, and shall be picked up without additional charge. Each residential garbage cart customer shall receive four (4) free city permit stickers per year. (b) Additional Collection. Residential customers may request additional garbage cart collection by appointment. Again, trash shall be placed in the garbage cart, and an additional bag, not to exceed 35 gallons in capacity, may be placed beside the garbage cart. An additional collection fee of $6.00, plus the actual disposal cost based on carts size, shall be billed to the customer at the next billing cycle. Bags placed outside of the garbage cart without city permit stickers shall not be collected. (2) Location of Residential Garbage Carts. Residential garbage carts shall be placed at a single collection point within 6 feet of the curb, street, or alley line, where applicable, by £AA 5:00 a.m. on mornings regularly scheduled for garbage and trash collection, provided however, that garbage carts shall not be placed at the curb, street, or alley more than twelve (12) hours before regular pickup, and shall be removed within twelve (12) hours thereafter. Alternate collection points may be specified at the discretion of the city. To develop an environmentally and economically sustainable materials management system that maximizes waste diversion and minimizes waste disposal, the following steps are recommended to initiate implementation of the proposed action plan: 1. Provide conceptual approval of the proposed action plan with implementa- tion of key elements dependent on acceptance of detailed implementation plans. 2. Obtain a Type CO permit for the City's compost facility. 3. Develop a detailed plan and schedule for initiating a voluntary organics recov- ery program, focusing initially on large food waste generators and schools. 4. Release an RFP to secure a contract with a processor for the recovery and recycling of construction and demolition material. 5. Develop a communications plan to announce the City's commitment to waste diversion and to get buy -in to new initiatives. b. Develop a technical assistance program to inform businesses, institutions, and multifamily complexes of the City's waste diversion commitment and help them prepare for new recycling initiatives. 7. Adopt a Green City Initiative directing all city -owned or operated buildings to establish comprehensive recycling, organics recovery, and environmentally preferable purchasing programs. 8. Modify City building codes to require new commercial and multi -family devel- opments to provide adequate space and access for RECEIVED ECT 15 70IR NORTHWEST ARKANSAS CITY OF Fi'' , Democrat*,05"AUtte CITY C4E.H� � _72-102 • 179 4,12-1700 ',AX'479 CSS 11113 r' i `i', i I G CC : I AFFIDAVIT OF PUBLICATION I Cathy Wiles, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas Democrat -Gazette, printed and published in Washington County and Benton County, Arkansas, and of bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of - CITY OF FAYETTEVILLE Ord. 6092 Was inserted in the Regular Edition on: October 4, 2018 Publication Charges: $ 72.80 Oeca Cathy Wiles Subscribed and sworn to before me This Ot day of 04/, , 2018. Notary Public My Commission Expires: 24 **NOTE** Please do not pay from Affidavit. Invoice will be sent. r;,, Ordinance 6092 File Number: 2018-0469 AMEND § 50;20: AN ORDINANCE TO AMEND § 50.20 SERVICE REQUIREMENTS IN CHAPTER 50: RECYCLING AND TRASH COLLECTION OF THE FAYETTEVILLE CITY CODE TO REQUIRE RESIDENTIAL GARBAGE CARTS TO BE PLACED AT THE COLLECTION POINT BY 5:00 A.M. WHEREAS, § 50,20(B)(2) of the City Code currently requires residential garbage carts to be placed at the collection point by 6:00 a.m. on mornings regularly scheduled for garbage and trash collection, and WHEREAS, the Recycling and Trash Collection Division requests the flexibility to begin collection services, particularly during the hottest part of the summer, at 5:00 a, in. which will require the carts to be placed at the collection point earlier 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 amends § 50-20(B)(2) Location of Residenlial Garbage Carts by striking "6:00 a.m." and replacing it with "5:00 a.in." PASSED and APPROVED on 9/18/2018 Approved: Lioneld Jordan, Mayor Attest: Sondra E. Smith Ad 74692242 OCT 4, 2018