Chapter 8.04
SANITATION GENERALLY
Sections:
8.04.020 Administration and enforcement.
8.04.030 Solid waste accumulation on premises unlawful.
8.04.040 Container requirements—Responsibility of customers.
8.04.045 Location and placement of garbage containers.
8.04.050 Containers—New construction requirements—Screening.
8.04.060 Unauthorized collection unlawful.
8.04.070 Disposal at authorized collection site.
8.04.080 Collection—Frequency—Procedure.
8.04.095 Solid waste collection and disposal—Private contractor.
8.04.100 Effective date of rates.
8.04.010 Definitions.
A. “Dead animals” means and includes all dead animals or parts thereof exceeding ten pounds in weight, including condemned meats not intended to be used as food.
B. “Garbage” means solid or semisolid waste subject to decay or putrefaction or in which flies or vermin can breed and live. The term also includes dead animals of a weight not to exceed ten pounds.
C. “Refuse” means and includes solid waste, garbage, including but not limited to paper, clothing, grass, leaves, weed sweepings, ashes, wood sweepings, plaster, brick, cement, glass crockery, natural soil, shells, metals and metal products, tree trimmings, vines, tin cans, plastic and other synthetic or manmade materials.
D. “Solid waste” means and includes garbage, refuse, dead animals or any part or combination thereof.
E. “Junk,” as used in this chapter, means any unused or unusable building materials, furniture, machinery, appliances, or parts thereof, including unused or unusable motor vehicles or parts thereof. “Building materials” shall include, but not be limited to, lumber, bricks, concrete or cinder blocks, plumbing materials, electrical wiring or equivalent, heating ducts or equipment, shingles, mortar, concrete or cement, nails, screws, or any other materials used in construction of any kind.
F. “Rubbish,” as used in this chapter, means waste paper, boxes, glass, straw, shavings, barrels, lumber, paper cartons which do not constitute recyclable products, and any yard waste not included in the definition of “compost material.”
G. “Yard waste,” as used in this chapter, includes, but is not limited to, logs, branches, cut limbs, brush, lawn cuttings, hedge trimmings, briars, weeds, vines, and leaves generated by clearing, maintenance and/or cleaning up of natural materials growing on the property.
H. “Compost material,” as used in this chapter, means yard waste composed of small diameter cut limbs, brush, lawn cuttings, hedge trimmings, briars, weeds, vines, and leaves.
I. “Recyclable products,” as used in this chapter, includes those articles comprised of tin, aluminum, cardboard, paper, or glass, which are placed inside an appropriately designated container at a recycle drop site. (Ord. 3726 § 1, 2010; prior code § 9.12.020)
8.04.020 Administration and enforcement.
It shall be the responsibility of the sanitation division of the public works department and such other departments, divisions or entities to supervise and carry out the provisions of this chapter within the city as may be required by contract between the city and any solid waste disposal company with which the city may contract. (Ord. 3117 § 1, 1989; Ord. 3049 § 1, 1986; prior code § 9.12.010)
8.04.030 Solid waste accumulation on premises unlawful.
It is unlawful for any person to allow solid waste to collect upon premises owned or occupied by them, or over which they exercise control, or upon any street, alley or other public place adjacent to such premises. This section shall not apply to any licensed solid waste disposal site, but shall apply to such licensed solid waste disposal site as it applies to streets, alleys or other public places adjacent to such premises. (Ord. 3117 § 2, 1989; prior code § 9.12.030)
8.04.040 Container requirements—Responsibility of customers.
A. All garbage shall be kept in approved clean water-tight containers which have been provided by the city or provided by solid waste disposal contractors with whom the city has a contract which are suitable for handling by garbage pickup equipment. Approved roll-off containers may be used in commercial areas with large volume of solid waste as determined by the sanitation division of the public works department.
B. It shall be the customer’s responsibility to take such steps as are necessary to ensure to the greatest extent possible that containers are securely covered at all times when not in use. (Ord. 3117 § 3, 1989; Ord. 3049 § 2, 1986; prior code § 9.12.040)
8.04.045 Location and placement of garbage containers.
A. Multi-consumer garbage container service may at the city’s discretion be provided to residential and commercial customers. Placement and location of each garbage container on pickup days shall be at the discretion of the sanitation division of the public works department, in consultation with the customer.
B. Each residential consumer will be provided by the city, or by the solid waste disposal contractor who has a contract with the city, with individual roll-out containers for curbside pickup service. Customers shall keep said containers on their premises and shall be responsible for placement at curbside on days scheduled for regular or special emptying.
C. Additional individual roll-out garbage containers may be issued at an additional charge. Garbage containers may be added or removed as needs change, in consultation with the customer, but at the discretion of the sanitation division of the public works department, or the solid waste disposal contractor with whom the city has a contract. Provided, however, the frequency of collection of compactors shall be determined by the sanitation division of the public works department in consultation with the customer. (Ord. 3117 § 4, 1989)
8.04.050 Containers—New construction requirements—Screening.
All new commercial construction within the city which shall be required to use garbage receptacles shall provide permanent screening around the area where the receptacle(s) are anticipated to be placed so as to screen the area from public view or the view of adjacent property owners. Authorization to proceed shall be approved by the building inspector upon submission of a plan. No charge shall be made in connection therewith. Such screening shall thereafter be maintained in a sightly manner. The building inspector shall be authorized to exempt a person from this requirement where a determination is made that screening is not feasible. (Ord. 3117 § 6, 1989; Ord. 3049 § 8, 1986; Ord. 2757 § 12, 1979)
8.04.060 Unauthorized collection unlawful.
It shall be unlawful for any person, firm, company or business except the sanitation division of the public works department of the city, or the contractor with whom the city has a solid waste disposal contract, or such other contractor as may be authorized by the city, to commercially remove, collect or transport solid waste or any other offensive or noxious substance collected within the corporate limits of the city over and upon the public streets of the city. Notwithstanding the definitions contained in Section 8.04.010, said restriction shall not apply to recyclable material solicited by nonprofit organizations or recyclable material which the generator elects to dispose of independent of the city’s disposal service, in accordance with Chapter 431, Laws of 1989. (Ord. 3117 § 5, 1989; Ord. 3049 § 3, 1986; prior code § 9.12.050)
8.04.070 Disposal at authorized collection site.
All solid waste including but not limited to that defined in Section 8.04.010 of this chapter shall be disposed of at a licensed solid waste disposal site. (Prior code § 9.12.060)
8.04.075 Unlawful acts.
A. Use of Solid Waste Receptacles and Receptacles for Recyclable Materials. Except for receptacles situated in public places such as parks, public buildings, public streets and rights-of-way, and public parking lots, such receptacles are intended as depositories of materials generated only by customers to whom specific receptacles have been assigned. The following are hereby prohibited:
1. Depositing of materials in solid waste or recycling receptacles located in residential areas of the city except by persons specifically assigned the use of such receptacle;
2. Depositing of materials in solid waste receptacles located in commercial areas of the city except by persons specifically assigned the use of such receptacles or others permitted by such persons to deposit materials in such receptacles;
3. Depositing of materials in solid waste or recycling receptacles located in public parks, in or on the grounds of public buildings, public streets or rights-of-way, or in public parking lots, which materials were not generated by activities taking place in such public parks, public buildings or parking lots;
4. Depositing anything other than recyclable materials in a recycling receptacle or container;
5. Depositing anything at a Kelso recyclable center site that is not placed inside a recyclable container or that is left on the ground at the recyclable center site;
6. Depositing anything in solid waste receptacles or receptacles for recyclable material that is to be disposed of in a different manner.
B. Anti-Scavenging. Except for the contractor with whom the city of Kelso has a solid waste disposal and/or recycling contract, and except for the public works department, and except with the consent of the person, firm, or corporation that has caused or placed solid waste or recyclable materials into such container, or the customer assigned to such solid waste or recycling container, the following acts are prohibited:
1. The removal of any solid waste or recyclable materials from any individual solid waste container or recycling container, from any multi-customer solid waste container or recycling container, or other container designed and designated for the disposal of solid waste or recyclable materials, and from any recycling container at any Kelso recycling center site.
C. Prima Facie Proof. In any litigation arising under this section, testimony or video evidence that a person(s), firm, or corporation, or other legal entity, either themselves or through their agents, dumped, deposited, or caused to be dumped or deposited any refuse, junk, rubbish, garbage, yard waste, or compost material at a Kelso recycling center site shall constitute a prima facie proof of a violation of this chapter.
In any litigation arising under this section, testimony or video evidence that a person(s), firm, corporation, or other legal entity, either themselves or through their agents, fail to comply with the rules established for the operation of said recycling center sites shall constitute a prima facie proof of a violation of this chapter. (Ord. 3726 § 2, 2010)
8.04.080 Collection—Frequency—Procedure.
A. The sanitation division of the public works department of the city or the contractor with whom the city has a solid waste contract shall collect solid waste from each occupied dwelling house at least once each week, from each restaurant, eating house, meat market or grocery store as needed pursuant to arrangements made with the sanitation division. A dwelling or operating business shall be deemed occupied unless the customer discontinues water service to the dwelling served. From all other places of business collection shall be as often as found necessary, but not less than once each week, except drop boxes and compactors of twenty yards capacity or larger may have their solid waste collected as needed pursuant to arrangements made with the sanitation division, as provided in Section 8.04.045(C), and the amount to be paid therefor shall be computed in accordance with the number of collections.
B. The sanitation division of the public works department shall have the authority to establish rules and regulations regarding the time of collection, the location of receptacles and other matters not inconsistent herewith. (Ord. 3117 § 7, 1989; Ord. 3049 § 4, 1986; prior code § 9.12.070)
8.04.090 Collection—Rates.
A. All occupied dwellings and operating places of business in the city shall pay for solid waste collection, whether or not the service is utilized.
B. Pursuant to Kelso City Charter, the city council hereby establishes the rates for solid waste collection services and other related services at all places of residence and businesses within the city, which rates shall include the cost of administration, collection, recycling, and disposal as required by applicable law.
C. Any person may secure a special pickup by calling the office of the sanitation division of the public works department or the office of the city’s contractor for solid waste disposal, and requesting such pickup and paying a fee as determined by the sanitation division of the public works department, or by such contractor but, in no event, less than five dollars minimum.
D. It shall be mandatory that any occupied dwelling within the city receive garbage collection service.
E. Combined business/residential customers shall pay the appropriate commercial rate and shall be exempt from the residential rate. (Ord. 3720 § 1, 2009; Ord. 3253 § 1, 1994; Ord. 3117 § 8, 1989; Ord. 3049 §§ 5, 6, 1986; prior code § 9.12.080)
8.04.095 Solid waste collection and disposal—Private contractor.
The city council may enter into contracts with private contractors for the collection, recycling and/or disposal of solid waste from all residents and businesses within the city with private contractors subject to such terms and conditions as shall be deemed by the city council to be in the best interest of the city. In the event of such contract, all duties and responsibilities theretofore performed by the city shall be performed, to the extent of any contracts with a private contractor, by such contractors. In the event of such contracts, the city shall establish the rates to be charged for such collection, recycling and/or disposal services, and shall collect the same and shall have all rights of enforcement of collection as provided by the laws of the state and the ordinances of the city. (Ord. 3117 § 9, 1989)
8.04.100 Effective date of rates.
The rates and fees fixed by ordinance of the city council shall become effective for each customer on such date specified in such ordinance. (Ord. 3880 § 2, 2016; Ord. 3117 § 10, 1989; prior code § 9.12.010)
8.04.110 Violation—Penalty.
Violation of any of the provisions of this chapter shall constitute a civil infraction and upon appropriate finding the violator shall be assessed a civil penalty as established by the court, not to exceed five hundred dollars. Each day of violation shall constitute a separate and distinct infraction. (Ord. 3117 § 11, 1989; prior code § 9.12.100)