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HomeMy WebLinkAbout1327ORDINANCE NO. /527 AN ORDINANCE relating to public health and sanitation; regulating the collection and disposal of garbage, refuse, trash, Toff al and dead animals; providing for the establishment, maintenance and operation of a compulsory system of garbage collection and dis- ipoEal in the City of Port Angeles, making delinquent charges for ;services performed a lien upon property; providing penalties for the violation hereof; and repealing ordinances numbered 1129, 1163, 1227 and all other ordinances in conflict herewith. THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO ORDAIN as follows: Section 1. The maintenance of health and sanitation re- quire, and it is the intention hereof to make the collection, re- moval and disposal of garbage and refuse and dead animals within the City of Port Angeles compulsory and universal. DEFINITIONS: For the purposes of the ordinance, the 'following definitions shall obtain (a) "Garbage" shall mean all solid and semi -solid kitchen refuse subject to decay or putrefaction, and gall market waste of animal and vegetable matter which was intended to be used as foot. (b) "Trash" and "Refuse" shall mean all waste matter not subject to decay or putrefaction which for the purpose of this ordinance shall include ashes. (c) "Offal" shall mean waste animal matter from butcher, slaughter or packing houses. (d) "Dead Animals" shall mean all animals large or small, which may die or may .be killed for other than food purposes. (e) "Person" shall mean every person, firm partnership, association, institution and corporation. The terms shall also mean the occupant and /or owner of the premises for which service herein is rendered. (f) The term "Health Officer" shall mean the City or County Health Officer as defined by the laws of the State of Washington. (g) The term "Apartments" shall mean any building in which more than one family unit resides. Section 2. For the purpose of carrying into effect the provisions of this ordin ance, there is hereby created and establish- ed a department to be known as the City Sanitation Department. 1 • .Section The City Manager shall appo nt a suitable and qualified person as superintendent of the said City Sanitation De- partment, and such superintendent shall 'gave full charge and ccnarol of 211 ,tork provided for and contemplated by t'.is ordinance. ?'_e shall also have charge of all collections and enforcement of all hche rges or services rendered. Section 4. There is hereby created and established a p..ecial fund to be designated and known as the Sanitary Fund irto .which all suns collected under this ordinance shall be derosi`ed and tLept and from which all exrenses of the - -dministration, mainterance and operation of the City Sanitary Department shall be Section 5. It shall be the c ty of every person in the possession, charge, or control of any chlellirg, flat, rooming house, apartment house, trailer ca -p, hospital, hotel, school, club, restau- !rant, boarding house or eating place, or in the possession, charge or control of any public or private place of b-csiness or manufact- uring establishment or any other place or premises where garbage, refuse, trash or offal shall originate or be crated or accurulated withint the City' of Port Ant Iles at all tires from and after the date of this ordinance },'comes effecti,•e, to keep or cause to tr '-ept portable containers of a"rroved size, type awry construction as here- inafter provided, and to deposit or cause to be deposited therein 2uch garbage, refuse, trash or o"fa1 except as hereinafter provided. it shall be compulsory to take a collection service for garbage refuse, trash and offal provided by the City of Port Angeles within the 1i -its of the City of Port Angeles, except as herein pro- 'vided. 'very residence Within the City of Port Angeles receiving dater from the City :dater Department shall be billefl for the co1l- Potion of garbage, trash, refuse and offal at the sane tls'e such residence is billed for grater, and shall pcy for such co] 7 ecti on service in the sa e manner gnd within the same limits of t it e as ore ,r,-rovided for the payment of c' -arges for water furnis. -ed to sl:.ch 'residence, and at the minimum rate hereinafter provided. Section 6." The Superintendent of the City _'a -itary Department, with such assistance of personnel and ecu i.pmer.t as • • be furnished him by the City of Port Angeles, shall collect, remove and dispose of all garbage, refuse, trash and offal from hotels, restaurants, boarding houses, eating places, apartment houses, schools and hospitals, and in the business secticis of the City as May be necessary or as may be contracted for. Section 7. All garbage and offal must be placed or kept by the occupant of the premises in water tight garbage cans, con - structed of metal or suitable alternate material with two handholds 'and covers; capacity to be not over 25 gallons per single residen- tial unit and not over 35 gallons capacity at hotels, apartments, restaurants and other business locations. Section 8. Trash and refuse must be deposited in suitable solid containers not in excess of 25 gallon capacity and when loaded not weighing more than 50 pounds, except as by special agreement with the Superintendent of the City Sanitary Department; provided that 'brush and shrubbery trimmings may be tied in bundles not over six feet in length and not over twenty -five pounds in weight. No sod will be handled by the City Sanitary Department. Section 9. All garbage cans shall be placed at locations requiring a carrying distance of not over 15 feet from alleys when the alleys are passable by trucks, and where alleys are not passable by trucks they shall be placed at locations designated by the Super - intendent of the City Sanitary Department requiring not more than .5 feet carrying distance from the driveway or entrance to such prop - rty. The decision of the Superintendent of the City Sanitary De- partment as to whether or not any given alley is passable by trucks ;hall be binding and final. Section 10. Any person in possession of dead animals hall dispose of same in the manner hereinafter provided. The car - asses of dead animals shall be removed and disposed of by burial, incineration or other proper method within 24 hours after death. If the carcass is buried, it shall be so placed that every part there- of shall be covered by at least two feet of earth and at a location tot less than one hundred feet from any well, spring, or stream and in a place not subject to overflow by surface waters. In all cases of death from communicable disease, the carcass, if dis- posed of by burial, shall First be enveloped in unslackered lime. Section l.i . It shall be unlawful for any per: on to `)urn, dump, collect, rerovc or it any other ^canner dispose of garbage and offal upon or over any of the streets, alleys, public places or .private property within the City of Port Angeles other`:: e than ,ss herein provided. Waste paper, boxes, refuse and trash, debris, brush, leave's, grass woora and cuttings from trees, lawns, shrubs and gardens, (but excepting paper, cardbord or wool contsirers in commercial ruan- t'ities), ray be burned on private property upon special Ferri; from the Chief of the Fire Department and not otherwise. It shall be unlawful for any person to bury, burn or dump waste paper, boxes, leaves, trash, deiris, grass, leaves, woods and cuttings from trees, lawns, shrubs end gardens upon the street, alley or public place in tie City of Port Angeles. It shall be unlawful for any person to collect or remove any of the ite' s mentioned in the next preced'np peregrapi hereof over any public street, alley or pti-lic .ray in the City of Port .Angeles except by permission of the Superintendent of the City `san- itary Departrent. 12. Rates for the collection and .disposal of garbage, trash, refuse and offal shall, be the sum of Seventy -five Cents (75 ) per ronth :'or the first container end Fifty Cents (5") per L,-'nth for each additional container. Provided, thst any indigent person nay ap ly to the City Council for relief from the payment of such collection rate, and lf, upon the recommendation of the Super- intendent of the Sanitation Department, the C- °ty Council shell find 'that the aL.pli.cant is an indigent person, and that the payment of such collection charges "ill constitute an undue hardship upon such applicant, the Council ray order such collection service rendered 'to the residence occupied by such indigent person without ciarge. Section 13. Rates for service at all other .,laces of res- idence anri business shall be such as are agreed upon by the owners • • ,or occupants, and the Superintendent of the Seritary Departrent, In the event of a disagreement upon the amount to 'be charged therefore, the City Council of the City of Port Angeles shall have the right to fix the amount ? :hich shall be binding. Section 14. All charges for the services to be rendered herein shall be payable to the City Treasurer of the City of Pert Angeles at the office of the :rater Department; and if not paid an or before ten days from date of bill, such charges shall be delinquent. 'Upon failure to pay such charges and upon delinquerce the amount thereof shall become a lien against the property from which the ;garbage collection service shall have been rendered. Such lien shall be made effective by filing a notice thereof specifying the charges, the period covered by the charges and giving a legal description of the rremises at ,.?rich the service vas renrere/d. Such a lien shall be filed with the same official and within the time and shall be fore - clo-ed within the time and manner prescribed by lair for filing and foreclosing liens for labor and material. Such lien shall ?e prier to any and all other liens and encumbrances filed subsequent to the filing of such lien, but shall be subject to all general taxes 2nd 'local improvement assessments, vhether levied prior or subsequent thereto. Section 15. The City Council is authorized to from time to time acquire such equipment and authorize the employment of such personnel to assist the Superintendent of the City Sanitary Depart- *rent es in their judgement shall seem necessary or advisable. All ,expenditures therefore shall be froze the Sanitary Fund created under section 4 hereof. Section 16. Any person violating apy of the provisions hereof shall be punished by a fine not exceeding Cre T"u.ndred ( ;ire.) or by inprosonmer.t in the city jail for not core tl7ar th rty rays, or by both fine and imrrosnner.t. Section 17. That ordinance numbered 1129 entitled "An Crdinance rel.at`.n" to _rbl? health," etc., pared by the City • 'bommission the 27th day of September, 1944, and ordinance numbered 1153 entitled "An Ordinance relating to public health and S ni- 'tation" etc., passed by the City Commission June 12, 1946, and Crd- inance numbered 1227, ertitled "An Ordinance relating to Public ealtn and Cavite ,ion etc., passed by the City Commission _ ay ^2 1950, end all other ordinances or parts of ordinances in c^rflict !erewith cre hereby repealed. Sectinn 18. 1his ordinance is declared to be urgent and necessary i cr t, :e i=ediate preservation of the public peace, health and safety of the residents and people of said City of Port Angeles, land shall take effect and be in force immediately upon, from and after its passage, approvel c.nd lawful p blication. runeS T�iii Passed by the City Council May 20 Approve-a and signed by the 'Mayor City Clerk AaPRCu_D AS 1l 70= V City Attorney ed /�,y Q7/7 y May 20 11954 Mayor • 1'u bh i sh ed) Art-;1 r,195-0,