Chapter 8.08
GARBAGE*
Sections:
8.08.030 Cans – Dwelling owner’s duty to furnish.
8.08.040 Cans – Specifications – Location – Bulk collection – Collection of ashes.
8.08.050 Cans – Responsibility for removal and disposal.
8.08.060 Removal and disposal of dead animals.
8.08.070 Removal from isolated locations.
8.08.080 Removal by city from private property – Lien – Notice – Foreclosure.
*For statutory provisions on garbage collection and disposal in cities, see RCW 35.21.120 through 35.21.154.
8.08.010 Definitions.
For the purposes of this chapter, the following words shall have the meanings ascribed to them as follows:
(1) “Garbage and refuse” means all waste and discarded materials including rubbish and debris, waste and discarded food, animal and vegetable matter, brush, grass, weeds, wastepaper, cans, glass, ashes, night soil, offal, boxes and cuttings from trees, lawns and gardens.
(2) “Person” means every natural person, firm, copartnership, association, or corporation.
(3) “Waste” does not include materials subject to manufacture into by-products. (Ord. 82 § 1, 1954).
8.08.020 Cans – Required.
It shall be the duty of every person in possession, charge or control of any dwelling, flat, roominghouse, apartment house, club, tavern, restaurant, boardinghouse or eating place, or in possession, charge, or control of any shop, place of business or manufacturing establishment where garbage and refuse is created or accumulates, at all times to keep or cause to be kept portable metal cans for the deposit therein of garbage and refuse, and to deposit or cause to be deposited the same therein. (Ord. 82 § 1, 1954).
8.08.030 Cans – Dwelling owner’s duty to furnish.
It shall be the duty of the owner of any dwelling, flat, or apartment house to furnish to or see that his tenants are supplied with such cans, or in the case of apartment houses, with adequate means of disposing of garbage and refuse. (Ord. 82 § 2, 1954).
8.08.040 Cans – Specifications – Location – Bulk collection – Collection of ashes.
(1) Such cans shall be watertight, not less than 25 and not more than 30 gallons’ capacity, shall have two handles at the sides thereof, and tight-fitting metal lids. Such lids shall not be removed except when necessary to place garbage and refuse in such cans or to take same therefrom. When garbage and refuse is placed therein or taken therefrom, such lids shall be replaced by the person placing the same therein or taking the same therefrom. Such cans shall be kept in a sanitary condition with the outside thereof clean and free from accumulating grease and decomposing material. Such cans shall be held down in such manner as necessary to prevent dogs and other animals gaining access to same and the contents thereof. Each such can shall be kept in a place accessible to the person, firm, or corporation engaged to remove same.
(2) Large suitable containers for bulk collection of garbage and refuse may with the approval of the health and sanitation committee of the city council be used by restaurants, taverns, boardinghouses, eating places, apartment houses and schools and in the business districts.
(3) All ashes shall be collected and held in a separate metal container from that in which other garbage and refuse is collected and held. (Ord. 82 § 3, 1954).
8.08.050 Cans – Responsibility for removal and disposal.
It shall be the duty of every person in possession, charge or control of the premises where garbage and refuse has been collected and held in such containers to cause the same to be removed and disposed of regularly and at least once every week. (Ord. 82 § 4, 1954).
8.08.060 Removal and disposal of dead animals.
It shall be the duty of every person in possession, charge, or control of any dead animal, or upon whose premises the same may be located, to forthwith cause the same to be removed and disposed of. (Ord. 82 § 5, 1954).
8.08.070 Removal from isolated locations.
In the case of isolated dwellings or places of business located in sparsely settled portions of the city, or where reasonable access cannot be had by truck, garbage and refuse therefrom may, upon special permit of the health and sanitation committee of the city council, be collected, removed and disposed of in such manner as the committee shall in and by such permit approve and direct. (Ord. 82 § 6, 1954).
8.08.080 Removal by city from private property – Lien – Notice – Foreclosure.
Wherever for the preservation of the public health and comfort it becomes necessary for the city under direction of the health and sanitation committee of the city council to remove and dispose of any garbage and refuse or dead animals from any private property or adjoining streets or alleys, the charges therefor shall be paid by the owner or occupant of said premises forthwith and such charges shall be a lien against the property served. Such lien shall be made effective by the filing of a notice thereof specifying the charges, the period covered by the charges and giving a legal description of the premises. The lien shall be filed with the same official and shall be foreclosed within the time and manner prescribed by law for filing and foreclosing liens for labor and material. (Ord. 82 § 7, 1954).
8.08.090 Violation – Penalty.
Violations of this chapter shall be punished as follows:
First and second offenses shall constitute civil infractions and shall be subject to a civil fine not to exceed $500.00 for each offense.
Third and subsequent offenses shall constitute misdemeanors and shall be subject to the general misdemeanant penalty codified in Chapter 1.16 KMC. (Ord. 06-040 § 1).