Chapter 8.04
REFUSE

Sections:

8.04.010    Applicability.

8.04.020    Intent.

8.04.030    Definitions.

8.04.040    Sanitation fund.

8.04.050    Public health committee.

8.04.060    Deposit in approved containers.

8.04.070    Can and container specifications.

8.04.080    Dead animals.

8.04.090    Earth, rocks, heavy refuse, hot ashes.

8.04.100    Unlawful deposit.

8.04.110    Contract authorized.

8.04.120    Frequency of collection.

8.04.130    Sanitary disposal.

8.04.140    Performance of contract – Sanitary landfill.

8.04.150    Charges – Compulsory – Payment.

8.04.160    Charges – Schedule.

8.04.170    City dump.

8.04.180    Violation – Penalty.

8.04.010 Applicability.

This chapter shall apply to all territory embraced within the corporate limits of the city, and the area of police jurisdiction of the city. (Ord. 385 § 1, 1970)

8.04.020 Intent.

The maintenance of health and sanitation requires, and it is the intention of this chapter, to make the collection, removal and disposal of garbage, refuse and dead animals within the city universal and compulsory. (Ord. 385 § 2, 1970)

8.04.030 Definitions.

As used in this chapter:

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 the contract with the city for removal of refuse as provided in 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 byproducts, and shall include all such substances from all public and private establishments and from all residences.

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

E. “Person” means every person, firm, partnership, association, institution and corporation. The term shall also mean the occupant and/or owner of the premises for which services mentioned in this chapter are 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. “Sanitation inspector” means the person appointed by the city and authorized to administer this chapter.

I. “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. 385 § 3, 1970)

8.04.040 Sanitation fund.

All moneys collected by the city under this chapter shall be deposited in the sanitation fund from which all expenses of the administration of this chapter and all moneys becoming due to the contractor shall be paid. (Ord. 385 § 4, 1970)

8.04.050 Public health committee.

Administration of this chapter is delegated to the public health committee of the city council, which in conjunction with the appropriate authority of any municipality joining in a refuse collection contract with the city, shall have authority to appoint a sanitation inspector, who shall have charge and control of the work of the collector of refuse and of the landfill site used in refuse disposal. (Ord. 385 § 4, 1970)

8.04.060 Deposit in approved containers.

It shall be the duty of every person in possession, charge or in control of any dwelling, flat, roominghouse, apartment house, hospital, school, hotel, club, restaurant, boardinghouse or eating place, or in possession, charge or control or any shop, place of business or manufacturing establishment where garbage, refuse or swill is created or accumulated, at all times to keep or cause to be kept portable appurtenances, metal or other approved cans for the deposit therein of garbage and refuse, and to deposit or cause to be deposited the same therein. All garbage shall be wrapped in paper or similar material before depositing same in can. (Ord. 385 § 5, 1970)

8.04.070 Can and container specifications.

A. The cans required in OMC 8.04.060 shall be constructed in such a manner as to be strong, watertight, not easily corrodible, rodent-proof, insect-proof, of not less than 15 and not more than 32-gallon capacity, of a tapered design having two handles and a tightfitting lid. Such lids shall not be removed except when necessary to place garbage and refuse in such cans or take the same therefrom. When garbage and refuse is placed therein or taken therefrom, such lid 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 accumulative grease and decomposing material. Each can shall be kept in a place accessible to the collector.

B. Swill from hotels and restaurants or other commercial eating houses or similar businesses shall be deposited in detachable containers, of one-cubic-yard or two-cubic-yard capacity, unless other containers are specifically approved by the sanitation inspector. Trailer courts shall have such detachable containers as required, and any place of business which accumulates more than six garbage cans daily shall have detachable containers. Such containers shall be made available to businesses by the contractor either on a rental or purchase basis.

C. Each garbage can shall be kept clean inside and out, so that no odor nuisance exists. The garbage collector shall place tags on garbage cans found to be in violation of this section, and notify the sanitation inspector. The tag shall have a perforated stub, with identification number and place for location and description. (Ord. 385 § 5, 1970)

8.04.080 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 by the collector of refuse. This shall apply to small animals, such as dogs and cats, only, and the dead animal shall be placed in a box or similar container for collection. It shall be the responsibility of the owner of the animal, if known, and otherwise the owner of the premises upon which a dead animal is found, to make other provision for the prompt removal of any larger dead animal. (Ord. 385 § 5, 1970)

8.04.090 Earth, rocks, heavy refuse, hot ashes.

No garbage or refuse container shall contain earth, rocks, heavy refuse or hot ashes. The occupant of property shall keep the area around the garbage receptacle clean and shall keep the receptacle easily available during periods when snow is on the ground. (Ord. 385 § 5, 1970)

8.04.100 Unlawful deposit.

A. It is unlawful for any person to burn, deposit, throw, dump or place garbage, refuse or swill in any lane, alley, street or other public place, or to dispose of same upon any private property, regardless of ownership.

B. It is unlawful for any person to collect, remove or in any manner dispose of garbage, refuse or swill upon any streets, alleys, public or private property within the city, otherwise than as provided in this chapter.

C. No compost pile shall be kept or maintained unless sufficient appropriate material or substance, approved by the sanitation inspector, is used to prevent the presence of files, insects, bugs, rodents or other pests or menace to public health or welfare. (Ord. 385 § 6, 1970)

8.04.110 Contract authorized.

The city is authorized to enter into a contract, jointly with the city of Omak, with a responsible person, firm or corporation for the purpose of performing all services for the collection, removal and disposition of garbage, refuse and swill subject to the rules and regulations of and in the manner directed by, the city councils of those cities, and the sanitation inspector. (Ord. 385 § 7, 1970)

8.04.120 Frequency of collection.

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 in the business and commercial zones of the city as required. (Ord. 385 § 8, 1970)

8.04.130 Sanitary disposal.

All disposal of refuse shall be by sanitary fill methods specifically approved by the State Department of Health, and animal offal and carcasses of dead animals shall be buried as directed by the sanitation inspector. (Ord. 385 § 9, 1970)

8.04.140 Performance of contract – Sanitary landfill.

Every person shall dispose of all garbage promptly according to the terms of this chapter and the rules and regulations, and no person shall perform any of the provisions of the contract referred to in this chapter except the collector of refuse. Only the collector of refuse shall use, or permit to be used, the sanitary landfill and he shall be responsible at all times and shall be required to maintain the place or places of disposal in a sanitary manner at all times and in compliance with all applicable statutes, rules, regulations and ordinances of the county, the State Department of Health and orders of the sanitation inspector and health officer. (Ord. 385 § 10, 1970)

8.04.150 Charges – Compulsory – Payment.

A. Charges for refuse collection and disposal shall be universal and compulsory for every occupied building in the city and shall be billed in conjunction and simultaneously with statements issued by the city for water and sewer service. The charges or accounts shall be paid at the city hall following the date of billing, and if not paid shall become delinquent after the twelfth day of the month.

B. Service may be suspended for nonpayment of such accounts. Such suspension shall not relieve the person owing such account from the duty of complying with the provisions of this chapter. Such suspension shall render the premises where such service is suspended subject to condemnation for sanitary purposes. It shall be the responsibility of each person furnished garbage collection service to notify the sanitation inspector of any desired suspension of service during vacancy of the premises. Upon failure to pay the charges for garbage collection and disposal, the amount thereof shall become a lien against the real estate as provided in RCW 35.21.180. (Ord. 385 § 11, 1970)

8.04.160 Charges – Schedule.

The rates and charges assessed by the city for the collection and disposal of garbage and refuse are to be established by ordinance, and are established on a monthly basis, and shall not vary with the number of receptacles in any one pickup. (Ord. 762 § 4, 1992; Ord. 705 § 4, 1988; Ord. 704 § 1, 1987; Ord. 685 § 1, 1986; Ord. 632 § 1, 1984; Ord. 604 § 1, 1982; Ord. 593 § 1, 1981; Ord. 575 § 1, 1980; Ord. 559 § 1, 1978; Ord. 469 § 1, 1975; Ord. 385 § 12, 1970)

8.04.170 City dump.

A. It is unlawful for any person to deposit any dead animal, or wrecked or abandoned motor vehicle, or any part of such vehicle, on the premises owned by the city on and near Salmon Creek and known and identified as the city dump.

B. Any person violating this section is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not to exceed $100.00 or by imprisonment in the city jail for not to exceed 30 days, or by both such fine and imprisonment. (Ord. 316 §§ 1, 2, 1960)

8.04.180 Violation – Penalty.

Any person violating any of the provisions of this chapter other than OMC 8.04.170 is guilty of a misdemeanor and upon conviction thereof, shall be fined in a sum not exceeding $300.00, or by imprisonment in the city jail for not more than 30 days, or by both such fine and imprisonment. (Ord. 385 § 16, 1970)