Ordinance # 59   

AN ORDINANCE OF THE CITY OF RIGGINS, IDAHO. ESTABLISHING A COMPULSORY SYSTEM FOR COLLECTION OF GARBAGE, WASTE AND REFUSE, DEFINING TERMS APPLICABLE THERETO; REGULATING COLLECTION, BURNING, DUMPING, LITTERING OF SUCH MATERIALS; PROVIDING FOR THE BILLING AND COLLECTION OF FEES FOR SERVICES AND AUTHORIZING COUNCIL TO ESTABLISH DISPOSAL SITES, CONTRACT FOR OR TO OTHERWISE PROVIDE FOR SUCH COLLECTION AND DISPOSAL SERVICE AND APPOINT OFFICERS.  FIXING RATES AND FEES FOR THE SERVICES PROVIDED BY CITY AND ESTABLISH SANITARY FUND, REPEALING ALL ORDINANCES IN CONFLICT HEREWITH, PROVIDING FOR THE EFFECTIVE DATER HEREOF AND FOR PUBLICATION HEREOF.

BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF RIGGINS, IDAHO.

Section 1.    The following terms used herein, unless otherwise provided shall mean: 

    Waste - The word "waste" shall be unwanted solid, liquid, or gaseous materials.

    Refuse - The word "refuse" shall mean solid wastes, including garbage and rubbish.

    Garbage - The word "garbage" shall include all putrescible wastes, except sewage and body wastes, including waste accumulated of animal food, or vegetable matter, and including waste that attends the preparation, use, cooking, dealing in or storing meat, fish, fowl, fruit and vegetable matter of residences, restaurants, hotels and places where food is prepared for human consumption. The word "garbage" shall not include recognized industrial by products.

    Rubbish - The word "rubbish" shall mean refuse other than garbage (tin cans, bottles, ashes, paper, pasteboard, cardboard or wooden boxes, brush, leaves, weeds and cutting from trees, lawns shrubs and gardens or other waste materials produced in normal course of doing business of every day living). The word "rubbish" shall not include recognized industrial by products.

    Owner or Occupant - The words "owner" or "occupant" wherever herein used, may be used interchangeably, and shall mean every person in possession, charge or in control of any dwelling, flat, rooming house, or any eating place, shop, place of business, manufacturing or business establishment where garbage or other refuse is created or accumulated.

    Person - The word "person" shall mean every person, firm, partnership, association, institution and corporation.

    Inspector - The word "inspector" shall mean the authorized employee of the City of some individual designated by the City Council as having the duty of the enforcement of the ordinance.

    Collector - The word "collector" wherever herein used, shall mean the person holding a license or contract with the City, or employed by the City, and thereby authorized and designated by the City to collect, handle, transport and dispose of refuse and wastes.

Section 2.    Responsible Authority:  Such persons as may be appointed by the Mayor and Council shall be responsible for the enforcement of the provisions of this ordinance, and other duties as the Council may prescribe, and there shall be designated a Sanitary Inspector, and Deputy Sanitary Inspector who shall enforce the same under the provision of the Council

Section 3.    Compulsory Use of the System:  Every owner and occupant of premises within the prescribed limits of the City must use the refuse collection and disposal system herein provided, and shall deposit or cause to be deposited in accordance with this ordinance all rubbish and garbage that is of such nature that is perishable, or may decompose, or may be scattered by wind or otherwise.

Problems of the administration of the system created by this ordinance including the handling of patron and contractor complaints, shall be referred to initially to the Health and Sanitation Committee of the City Council, then, any decision of the Committee may be appealed informally to the City Council sitting at the next regular meeting thereof.

Section 4.    Billing and Collection of Fees: From and after effective date of this ordinance, all fees for the collection of garbage and refuse from within the City, including commercial as well as residential uses of the system, shall be payable to the City.  Such fees shall be carried on the City water bills where applicable, and the same shall be paid thusly. The Water Department is hereby authorized to discontinue any or all water, and sanitation service to any premises if the entire water and garbage bill is not paid when due, said charges to become delinquent as provided for water charges, and to be subject to the same penalties as provided in the case of nonpayment of water charges.

In addition to any deposits required by existing ordinances to guarantee payment of water charges, the City may require reasonable deposits toward payment of sanitation charges, and the City shall have the right to off-set any such deposit or deposits against any part of  a water and garbage bill which is past due.

If any water or sanitation service to any premises is discontinued for nonpayment of fees, the City may refuse to resume any of such services to those premises until the owner or occupant thereof shall have paid (1) all past due fees, for water and sanitation services accrued since the effective date of this ordinance, and (2) any reasonable deposit required by the City as a guarantee for payment of future services.

This method of collection of fees is hereby extended to include the costs of correcting or removing all accumulations of filth, clutter, rubbish, garbage, refuse, waste, or trash in or about public and private establishments, all residences or premises whatsoever that is necessary to protect and preserve the health, welfare, morals, and safety and cleanliness of the municipality.  In the case of extensive or costly correction or removal, the City may use any other method for recovery of the cost of correcting or removing these nuisances that is allowed, by law, plus penalties for violations as herein provided.

Section 5.    Refuse Collection:  There is hereby established as system of refuse collection, transportation and disposal. It shall be unlawful for any person to engage in the business of collecting, transporting, hauling or conveying any refuse over the streets or alleys, or to dump or dispose of the same, unless and until such person is license therefore, or has a contract or franchise therefore as provided herein.

Section 6.    Refuse Accumulation Unlawful:  It shall be unlawful for any person to permit or to suffer to accumulate in or about any yard, lot, place, or premise, or upon any street, alley or sidewalk adjacent to such lot, yard, place or premises, owned or occupied by such person, any garbage or refuse as to cause such yard, lot, premises, or the street, alley or sidewalk adjacent thereto, to be or remain in such condition as to cause or create a nuisance of offensive odor or atmosphere or rodent harborage, or thereby to be or to become or cause or create a public nuisance.

Section 7.    Burning, Dumping: No person shall burn, incinerate, bury, dump, collect, remove or in any other manner dispose of rubbish or garbage except as hereinafter provided.

    A.    Interior Incinerator:  Any person may use an incinerator in the interior of a building between the hours of seven o'clock (7:00) a.m. and seven o'clock (7:00) p.m., provided, such incinerator meets the requirements of the Building Code.

    B.    Exterior Incinerator:  Burning rubbish will  be allowed in exterior incinerators between the hours of nine o'clock (9:00) a.m. and five o'clock (5:00) p.m. Such incinerators shall be built of noncombustible material and shall be covered by one-half inch (1/2 ") wire mesh screen.  In no event shall garbage be burned.

    C.    Open Burning:  Burning of rubbish may be done on vacant lots by the owner thereof upon obtaining a permit from the Fire Department for such burning.

    D.    Disposal of Ashes: The ashes from approved burning barrels or home incinerators and placed in garbage cans or suitable cans or suitable containers before requesting a Collector to pick up these ashes.  No glowing coals or smoldering material shall be left for collection unless the Collector is notified of its condition by the patron and the Collector accepts the material for disposal.

Section 8.    Littering:  No person shall throw, discard or deposit any rubbish, garbage, refuse, debris, trash, lighted material or other waste substances on any private or public property unless authorized to do so by the owner or person in charge of such property.

Section 9    Refuse Containers:  This section was amended on October 16, 2000.  Please see Ordinance #150.

Section 10.    Collection Period:  Collectors shall collect rubbish and garbage from each customer's residence at least once weekly on a regularly scheduled day.  Provide, however, where the collection of garbage and refuse on the established schedules would be impracticable because of unusual or exceptional circumstances, the Council may issue a special permit altering the time and extent of collections.  The frequency and manner of commercial collections shall be governed by each commercial customer's usual needs and circumstances, and these shall be established by agreement between the customer and collector.

Section 11.    Rubbish, Special Handling:  This section was amended on October 16, 2000.  Please see Ordinance #150.

Section 12.    Collection, Business Hours:  To insure the health of the inhabitants of the City, the Council hereby does ordain that premises and businesses, such as, but not limited to, restaurants, grocery stores, butcher shops and establishments wherein large accumulations of garbage occur and are nuisances to the extent that the same should be, and her hereby in the manner and the method hereinafter provided, designated as separate class of premises for the collection and disposal of garbage and rubbish and the same shall  be deposited separately in suitable cans and containers. The Inspector shall designate such premises wherein large accumulations garbage occur and shall notify the owner of such premises of such designation. From and after such notification by the Inspector, all rubbish and garbage accumulated upon said premises shall be deposited separately, in containers from garbage as approved by the Council.

Section 13.    Collection Fees:  This section was amended on September 13, 1993.  Please see Ordinance #109.

Section 14.    Sanitary Fund:  The proceeds from the collection of fees and charges herein provided shall be placed in a special fund to be known as the Sanitation Fund, and all expenses of the City in the operation of the sanitary collection and disposal system shall be paid out of such Fund, and any surplus remaining therein at the end of each fiscal year may be transferred by the Council to the General Fund of the City.

Section 15.    Disposal Site:

    A.    For the purpose of protecting and preserving the health and welfare of the inhabitants of the City and surrounding area the Council may, from time to time, designate and establish by  motion or order an approved place or places for the depositing of rubbish and garbage, and any such place or location shall be designated as the City Disposal Site.  The City Disposal Site shall be chosen with regard to drainage and topography for the operation of a sanitary land fill, and all disposal of refuse and garbage thereat shall be according to methods approved by the Department of Health of the State of Idaho and by the City Inspector. The Inspector shall have the authority of a police officer to enforce all rules and regulations governing the City Disposal Site.

    B.    The Council may also designate other places or locations for the disposal of offal dead animals, car bodies and other waste matter and materials which may not be disposable at the City Disposal Site.

    C.    The City may require every Collector of Refuse and Garbage to own, operate or provide an approved City Disposal Site, as defined in subsection A. hereof, or have a firm contract with the owner or operator of such an approved City Disposal Site where said Collector shall have the right to dispose of all garbage or refuse that such Collector may collect from within the City.  Each Collector must diligently and strictly comply will all provisions and conditions of this ordinance pertaining to collection of garbage and refuse, and the Collector shall also comply with all applicable ordinances, laws, rules and regulations of the City, the County, the State, and the respective health departments of said governmental units.  Any failure to comply with this Section shall be sufficient reason for the revocation of the license, franchise or contact of the Collector with the City.

    D.    Nothing in this ordinance shall be construed to require the City to locate, furnish, maintain or operate any City Disposal Site or other special disposal site herein provided for, although the City may do as by motion of the Council.

Section 16.    Charges and Hours For Use of City Disposal Site:

    A.    Every collector of refuse or other person who operates a sanitary land fill as an approved City Disposal Site shall file with the City Clerk as schedule of rates to charged to the public for the disposal of the following:

   

Single can up to 30 gallons $_________________
Pickup truck or two wheeled trailer without built-up side boards $_________________
First cubic yard $_________________
Each additional cubic yard $_________________
Auto bodies (if permitted) $_________________
Small dead animals (if permitted) $_________________
Large dead animals (if permitted) $_________________

    B.    Every collector of refuse or other person who operates a sanitary land fill as an approved City Disposal Site shall file with the City Clerk a daily schedule of the hours during which the site will be open to the public.

Section 17    Equipment:  For the collection of garbage and refuse every Collector shall use a suitable covered or enclosed truck approved by the Inspector and meeting all other requirements, regulations, ordinances and laws of the State, its departments or other governmental units.

Section 18.    Inspection:  The City Inspector, any peace officer, or health officer of the State, the County, and the City, shall have the right to go upon any premises during reasonable hours for the purpose of inspecting all places and containers where rubbish and/or garbage is accumulated or kept.

Section 19.    Licensing and Contracting:  The Mayor and Council shall be the sole authority to license, contract for or to otherwise provide for all services pertaining to sanitary collection and disposal with the City, let bids for or establish reasonable fees for licenses or franchises and is hereby authorized to enter into contracts with one or more contactors, and establish reasonable rules and regulations governing the conduct and operation of such licensees or contractors. The Council may require of any licensee or contractor a bond in a reasonable amount, the condition of which shall be satisfactory performance of the contract.

Section 20.    Materials Not Accepted For Collection:  Dirt and debris from construction or lawn renovation, rocks, stones, concrete, automobile bodies or parts, dead animals, building materials such as masonry, plaster, scrap lumber and similar materials, are not acceptable for collection, and the Collector is not required to pick up the same. Such items shall be collected and disposed of by the Building Contractor, owner or occupant of the premises.

Section 21.    All ordinances or parts thereof in conflict herewith, are hereby repealed.

Section 22.    This ordinance shall be published in  one issue of the Idaho County Free Press and shall take effect 30 days after its publication.