Chapter 8.05
GARBAGE REGULATIONS
Sections:
Article I. General Provisions
8.05.020 Removal of refuse – Frequency.
8.05.030 Removal of refuse – Required.
8.05.050 Containers, tree limbs, brush, etc.
8.05.060 Protection while transporting.
Article II. Collection Franchise
8.05.090 Required – Provision of service.
8.05.100 Bids – Term – Transfer.
8.05.140 Deleted during 2011 codification.
8.05.150 Civil penalties and termination of franchise.
Prior legislation: Ord. 354.
Article I. General Provisions
8.05.010 Definitions.
When used in this chapter, unless the context requires otherwise:
“Collector” or “franchised collector” means the person holding a license or franchise with the city of Pilot Rock and thereby authorized and designated by the city of Pilot Rock to collect, handle, transport and dispose of refuse.
“Garbage” means all putrescible waste, 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 of meat, fish, fowl, fruit, and vegetables; and all cans, boxes, cartons, papers, or other objects which have food or other organic materials of any nature or adhering thereto; and shall include all of such wastes or accumulations of vegetable matter of residences, restaurants, hotels and places where food is prepared for human consumption. The term “garbage” does not include recognized industrial byproducts.
“Owner,” “occupant” or “tenant” may be used interchangeably and means 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 or other place where garbage or other refuse is created or accumulated.
“Person” means corporation, association and partnership, as well as individual.
“Poisonous materials” means poison grain, insecticides or insecticide containers, or other similar materials.
“Refuse” means solid wastes, including garbage and rubbish.
“Rubbish” means refuse other than garbage (tin cans, bottles, ashes, paper, pasteboard, cardboard or wooden boxes, brush, leaves; weeds and cuttings from trees, lawns, shrubs, and gardens; or other waste materials provided in normal course of everyday living). [Ord. 496 § 1, 2002].
8.05.020 Removal of refuse – Frequency.
All garbage and rubbish shall be removed from customers’ residences not less than once a week. [Amended during 2011 codification; Ord. 496 § 2, 2002].
8.05.030 Removal of refuse – Required.
Every owner, occupant or tenant within the city having or accumulating garbage or rubbish which may create a nuisance shall remove or have the same removed by the franchised garbage collector of the city. Arrangements for collection of such garbage and rubbish shall be made with the collector. Disposal of refuse shall be made only at a designated landfill site. [Ord. 496 § 3, 2002].
8.05.040 Burning of garbage.
No person shall burn garbage within the city. [Ord. 496 § 4, 2002].
8.05.050 Containers, tree limbs, brush, etc.
(1) Every owner or occupant producing garbage and/or refuse shall provide and maintain, in a place easily accessible to the garbage collector and where it will not be a public nuisance or in any degree offensive, a water-tight, rodent- and flyproof container with a suitable bail or handles and tight-fitting cover having a capacity of not to exceed 32 gallons, in which shall be placed all garbage which has been drained of all excess liquids and solids wrapped in paper or other material so as to prevent the escape of liquids therefrom.
(2) The garbage collector shall collect only that garbage which has been placed in a container as specified in subsection (1) of this section. The collector shall remove from any premises garbage containers not complying with specifications of this section.
(3) Whenever trash, garbage, or refuse is placed therein or taken therefrom, such lids shall be replaced by the person placing or taking therefrom such garbage or refuse. The franchised collector shall pick up such refuse as tree limbs, brush, building materials, and other hard-to-handle items provided the same are cut into lengths not to exceed four feet and placed in some easily accessible place. Weeds, grass clippings and other bulk materials shall be placed in garbage cans or in substantial containers adjacent to the garbage cans, which containers will so confine such material to prevent them from scattering or blowing. [Amended during 2011 codification; Ord. 496 § 5, 2002].
8.05.060 Protection while transporting.
Any person who shall carry any refuse through the streets of the city shall protect such refuse from wind and rain and load it in such a manner so that none of it shall so drop or spill, and shall provide his vehicle so carrying such refuse with a suitable cover securely fastened or the load sufficiently bound so as to prevent the scattering or dropping of the refuse or dust in said road. [Ord. 496 § 13, 2002].
8.05.070 Penalties.
Any person violating any of the provisions of this chapter shall be deemed guilty of a violation and upon conviction thereof shall be fined not to exceed $300.00 per day. Every day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder. Franchise holders shall be subject to the penalties provided herein for the violation of the provisions of this chapter. [Amended during 2011 codification; Ord. 496 § 16, 2002].
Article II. Collection Franchise
8.05.080 Disposal site.
The franchise holder under this chapter shall use the city refuse disposal site or a disposal site authorized by the city. [Ord. 496 § 6, 2002].
8.05.090 Required – Provision of service.
No person shall collect or haul garbage and rubbish within the city for a fee except those persons who have been granted garbage collection franchises. The franchised collector shall provide collection service to any resident of the city who requests and pays for refuse service. [Ord. 496 § 7, 2002].
8.05.100 Bids – Term – Transfer.
The city council shall call for bids or negotiate for an exclusive franchise for the removal of refuse in the city. The council may reject any and all bids and accept that bid which the council in its sole discretion determines is in the best interest of the city. Such franchise may be transferred only upon approval of the city council and should the franchise holder attempt to transfer the franchise, the council at its discretion may declare the franchise terminated. [Amended during 2011 codification; Ord. 496 § 8, 2002].
8.05.110 Rates.
The franchise holder may make reasonable charges for refuse collection service, which charges shall be subject to the approval of the city council. If bids are called for by the city council, as provided in PRMC 8.05.100, such bids shall include the rates of charges proposed to be collected by the bidder. The rates may be changed during the term of the franchise if approved by the city council. Said rates shall be on file at the recorder’s office for public inspection. [Ord. 496 § 9, 2002].
8.05.120 Insurance.
Any garbage franchise holder shall be licensed to do business in the state of Oregon and carry with an acceptable insurance company public liability insurance on each vehicle as follows:
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Bodily injury |
Not less than $100,000 one person |
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Not less than $500,000 each accident |
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Property damage |
Not less than $50,000 damage to property of others |
Said insurance policies shall cover both the franchise holder and the city of Pilot Rock as insured and the city shall be furnished a certificate of insurance.
Any franchise granted under this chapter shall be conditioned upon the franchise holder’s indemnifying and saving harmless the city of Pilot Rock against any liability or damage which may arise or occur to the city from any injury to persons or property as the result of the franchise holder’s operations under this chapter. [Amended during 2011 codification; Ord. 496 § 10, 2002].
8.05.130 Vehicles.
No franchise garbage collector shall remove any garbage or rubbish or carry it through the streets except on approved vehicles, except by special permission of the city.
Every collector’s vehicle used in the collection and removal of garbage or rubbish within the city shall be of a type approved by the city. When a garbage vehicle becomes unsuitable for garbage service (i.e., unsafe, dilapidated, unsightly, obsolete), the city council may order replacement of the vehicle within 60 days. Vehicles used in garbage service shall at all times be kept in good and safe operating condition and shall be kept clean and neatly painted.
When it becomes necessary to replace garbage or rubbish vehicles, the replacement vehicles must be approved by the city council as to type, regardless of the type of the vehicle being replaced. Garbage collectors licensed or under franchise by the city shall at all times operate adequate equipment to maintain efficient garbage collection services to the citizens of Pilot Rock. [Ord. 496 § 11, 2002].
8.05.140 Inspection.
Deleted during 2011 codification. [Ord. 496 §§ 12, 14, 2002].
8.05.150 Civil penalties and termination of franchise.
(1) If the franchise holder, his successors and assignees shall at any time refuse or neglect to comply with the terms of the franchise or this chapter after 15 days’ notice in writing sent by registered or certified mail by the city of noncompliance of the terms hereof, then, upon the option of the city council, the franchise may be terminated and any rights and privileges the franchise holder has thereunder shall cease.
(2) Notification in writing of three violations in any 12-month period shall be cause for cancellation of this franchise. [Amended during 2011 codification; Ord. 496 § 15, 2002].