Chapter 8.04
GARBAGE COLLECTION

Sections:

8.04.010    Definitions.

8.04.020    Can requirements.

8.04.030    Burning requirements--Permits issued.

8.04.040    Collector of refuse.

8.04.050    Refuse separation.

8.04.060    Swill tanks.

8.04.070    Disposal of garbage and other refuse.

8.04.080    Contract bids and negotiation.

8.04.090    Contract agreement.

8.04.100    Prompt disposal required.

8.04.110    City power.

8.04.120    Violation--Penalty.

8.04.010 Definitions.

For purposes of this chapter, the following words and terms shall have the meanings set out in this section:

A.    “Ashes” includes the solid waste products of coal, wood and other fuels used for heating and cooking, from all public and private establishments, and from all residences.

B.    “Collector of refuse” means the person entering into contract with the city for removal of refuse as provided by this chapter.

C.    “Garbage” includes all putrescible wastes, except sewage and body wastes, including vegetable wastes, animal offal, and carcasses of dead animals, but not including recognized industrial by-products, and includes all such substances from all public and private establishments and residences.

D.    “Health officer” means the city or county health officer, as defined in RCW 70.05.010, or their authorized representative.

E.    “Person” means every person, firm, partnership, association, institution and corporation. The term also means the occupant and/or the owner of the premises for which service mentioned in this chapter is rendered.

F.    “Refuse” includes garbage, rubbish, ashes, swill, and all other putrescible and nonputrescible wastes except sewage, from all public and private establishments and residences.

G.    “Rubbish” includes all nonputrescible wastes, except ashes, from all public and private establishments and residences.

H.    “Swill” means and includes every refuse accumulation of animal, fruit or vegetable matter, liquid or otherwise, that attends the preparation, use, cooking, dealing in or storing of meat, fish, fowl, fruit and vegetables, except coffee grounds. (Ord. 1003 §2, 1988; prior code §6.08.010)

8.04.020 Can requirements.

A.    It shall be the duty of every person in possession, charge or in control of any dwelling, flat, rooming house, apartment house, trailer camp, hospital, hotel, school, club, restaurant, boarding house, or eating place, or in possession, charge or control of any shop, place of business, or manufacturing establishment where refuse is created or accumulated, at all times to keep or cause to be kept portable cans of approved size, type, and construction, and to deposit or cause to be deposited, the refuse therein.

B.    Cans shall be strong, watertight, not easily corrodible, rodent-proof, insect-proof, of not less than ten and not more than fifty gallons capacity, and shall have handles at the sides and tight-fitting lids. When refuse is placed in or taken from the cans, the lids shall be promptly replaced. Each can shall be kept clean inside and out, so that no odor nuisance shall exist. Cans shall be kept at all times in a place accessible to the collector of refuse. (Prior code §6.08.040)

8.04.030 Burning requirements--Permits issued.

A.    It is unlawful for any person to burn, dump, collect, remove or in any other manner dispose of garbage or swill upon any streets, alley, public place or private property within the city otherwise than as provided in this chapter.

B.    Outdoor burning is only allowed by special permit from the fire chief, or his designee.

C.    It is unlawful for any person to bury, burn or dump waste paper, boxes, rubbish, and debris, grass, leaves, weeds and cuttings from trees, lawns, shrubs and gardens, upon any street, alley or public place or collect the same upon any public right-of-way in the city. (Ord. 1488 §1, 2018)

8.04.040 Collector of refuse.

The collector of refuse shall collect, remove and dispose of all garbage and refuse in the residential sections of the city at least once each week, and from hotels, restaurants, boarding houses, eating places, apartment houses, schools and hospitals and in the business sections of the city as required. (Prior code §6.08.060)

8.04.050 Refuse separation.

The city reserves the right to and may have option to require the separation of paper or swill or other component parts of refuse, and may require the deposit thereof in separate cans or receptacles and may prescribe the method of disposal thereof. (Prior code §6.08.070)

8.04.060 Swill tanks.

It is unlawful for any person, conducting any hotel, restaurant, or any public eating place to deposit, throw or place swill or other refuse food matter in a land, alley, street, or other public place, or to deposit, throw or place any swill upon any private property, regardless of ownership, unless the swill is enclosed in vessels or tanks of approved type by the superintendent of public works and which shall be perfectly watertight and shall have tightly fitting covers, which covers shall not be removed except when absolutely necessary for the depositing and removal of swill. Such vessels or tanks shall be kept in the rear of the premises or in the basement, or other place authorized by the superintendent of public works, so as to be readily accessible for collection, and shall not be kept upon the street, alley, or sidewalk or public place. All such tanks or vessels shall be promptly delivered to the collector when called for and shall be returned by him without unnecessary delay, and no person, except for the purposes of collection under license, shall in any manner interfere with the vessels or tanks or with contents thereof. (Prior code §6.08.080)

8.04.070 Disposal of garbage and other refuse.

All disposal of refuse shall be by method or methods specifically approved by the State Department of Health, provided, that the method or methods shall include the maximum practicable rodent, insect and nuisance control at the place or disposal, and provided further, that animal offal, and carcasses of dead animals shall be buried or cremated as directed by the health officer, or shall be rendered at forty pounds per square inch steam pressure or higher, or heated by equivalent cooking. (Prior code §6.08.090)

8.04.080 Contract bids and negotiation.

A.    A contract for no more than five years for the exclusive right to collect, remove and dispose of all garbage, trash and refuse with a commercial collector may be negotiated and entered into by the city council. Alternatively, the city council may provide the city clerk-treasurer with specifications for and direct the city clerk-treasurer to advertise for bids for such a contract, publishing call therefor at least ten days prior to the time of opening of bids.

B.    The council shall have the power to refuse any and all bids, and shall award the contract to the person who, in their mind, submits the lowest bid and is best qualified and best equipped to perform the contract contemplated and the rendering of services made. Each successful bidder shall furnish corporate surety bond to the city of five thousand dollars conditioned upon the faithful performance of his contract and compliance with all ordinances of the city and all rules, regulations, law and statutes relating to his business, particularly all rules and regulations and matters relating to the use and/or maintenance of any dump or disposal site. The collector must make all arrangements for and provide disposal site during the term of the contract. (Prior code §6.08.100)

8.04.090 Contract agreement.

Every contract entered into by virtue of this chapter shall specify that the city may terminate such contract upon sixty days’ written notice on condition, however, that the city purchase all running equipment used in connection therewith at a fair value, and if the parties thereto cannot agree upon such fair value, then the same shall be determined by a board of appraisers, one to be appointed by the holder of the contract, one by the city and the third by the two thus appointed, the majority decision of such board to be binding upon both parties. Furthermore, such agreements shall contain a prohibition against assignment thereof or transferring of any interest therein without consent of the city, and it shall contain a suitable provision permitting the forfeiture of the agreement for nonperformance of the terms and conditions of the contract and this chapter. (Prior code §6.08.110)

8.04.100 Prompt disposal required.

Every person shall dispose of all garbage promptly according to the terms of this chapter and rules and regulations, and no person shall perform any of the provisions of the contract referred to above except the collector of refuse. (Prior code §6.08.130)

8.04.110 City power.

The city is empowered to carry out all the terms and provisions of this chapter and to collect and dispose of refuse in the manner provided in this chapter. However, it shall not exercise such power if the collector of refuse is faithfully performing any valid contract with the city, or unless the city purchased the property of the collector of refuse in the manner provided in this chapter. (Prior code §6.08.150)

8.04.120 Violation--Penalty.

Failure to perform any act required, or the performance of any prohibited by this chapter, is designated as a civil infraction and shall not be classified as a criminal offense. Any person, firm or corporation found to have committed a civil infraction shall be assessed a monetary penalty in accordance with Chapter 1.20. (Ord. 1488 §2, 2018)