Chapter 8.08 GARBAGE

*For statutory provisions authorizing cities and towns to regulate collection and disposal of garbage, see RCW 35.21.120 through 35.21.150; for statutory provisions authorizing a city to purchase a garbage collection service, see RCW 35.23.353.

8.08.010 Applicability.

This chapter applies to all territory embraced within the corporate limits of the city of Palouse, Washington. [Ord. 440 §1, 1972].

8.08.020 Intent.

The maintenance of health and sanitation require, and it is the intention hereof to make, the collection, removal and disposal of garbage, refuse and dead animals within the city compulsory and universal. [Ord. 440 §2, 1972].

8.08.030 Definitions.

A. “Ashes” means and 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 those individuals licensed under this chapter to pick up and dispose of refuse as provided by this chapter.

C. “Garbage” means and includes all putrescible wastes, except sewage and body wastes, including but not confined to vegetable wastes, animal offal and carcasses of dead animals, but not including recognized industrial byproducts, and includes such garbage from all public and private establishments and residences.

D. “Health officer” means the county health officer, as defined in RCW 70.04.020, 70.04.030, 70.06.020, or his authorized representatives.

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

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

G. “Sanitation inspector” means the city official or employee of the city delegated and authorized to administer this chapter.

H. “Swill” means and includes every refuse accumulation of animal, fruit or vegetable matter, liquid or otherwise, and attends the preparation, use, cooking, dealing in or storing of meat, fish, fowl, fruit and vegetables, except coffee grounds. [Ord. 440 §3, 1972].

8.08.040 Appointment of sanitation inspector.

The mayor of the city is empowered and authorized to appoint a suitable and qualified person as sanitation inspector, and this person shall have full charge and control of all the work provided for and contemplated under this chapter, and as may be provided for by rules and regulations subsequently adopted. [Ord. 440 §4, 1972].

8.08.050 City authority.

This chapter empowers the city to authorize a permit, exclusive and/or nonexclusive, for the collection of refuse in accordance herewith, for the collection, removal and disposal of refuse from within the city. [Ord. 440 §5, 1972].

8.08.060 Garbage cans – Required – Responsibility.

Every person in the possession, charge or in the control of any dwelling, flat, rooming house, apartment house, hospital, school, hotel, club, restaurant, boarding house or eating place, or in possession, charge or control of any shop, place of business or manufacturing establishment where garbage, refuse or swill is created or accumulated, shall at all times keep or cause to be kept a portable garbage can or cans for the deposit therein of garbage and/or refuse, and said garbage and/or refuse shall be deposited in said garbage can or cans.

The owner or operator or manager of any dwelling, flat, apartment house or trailer camp shall furnish or require that his tenant have garbage cans, and require that all garbage and/or refuse is placed in said cans. [Ord. 440 §6, 1972].

8.08.070 Garbage cans – Specifications.

Garbage cans shall be constructed in such a manner as to be strong, watertight, not easily corrodible, rodent-proof, of not less than 15 and not more than 30-gallon capacity, shall have two handles at the opposite outsides thereof and tight fitting lids. Commercial accounts may use containers of greater capacity if approved by the sanitation inspector. [Ord. 440 §7, 1972].

8.08.080 Garbage cans – Overloading prohibited.

No garbage can shall be loaded with earth, rocks or other heavy items or materials so that the one man employed by the collector of refuse to care for the pick-up cannot carry the garbage can to the pick-up truck. [Ord. 440 §8, 1972].

8.08.090 Special pick-up.

Where the rubbish is of a kind that it is not practical to place it in the garbage can, it shall be securely bound or tied together and placed as near the location of the garbage can as possible. [Ord. 440 §9, 1972].

8.08.100 Removal of garbage required.

Every person that owns or has a garbage can under his control, or which he uses, shall have the contents of said can deposited each week in a sanitary fill that is first approved by the Department of Health of the state. This may be done or caused to be done by said person or by a collector of refuse. [Ord. 440 §10, 1972].

8.08.110 License required.

No person, firm or corporation shall collect and/or dispose of rubbish, swill, ashes, garbage or refuse, for hire or pay, unless such person, firm or corporation is a duly licensed collector of refuse, whose license is not expired or revoked. [Ord. 440 §11, 1972].

8.08.120 Burning barrels and home incinerators.

The ashes from approved burning barrels or home incinerators shall be removed from said barrels or home incinerators and placed in garbage cans. No embers shall be present. [Ord. 440 §12, 1972].

8.08.130 Dead animals.

It is 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 a collector of refuse or by burial. [Ord. 440 §13, 1972].

8.08.140 Collector – Authorization.

It is the intent of the city council to authorize qualified persons, firms or corporations as collectors of refuse to collect, remove and dispose of all garbage and refuse. This authorization shall be issued, kept and maintained by the licensee as set forth in PMC 8.08.150 through 8.08.250. [Ord. 440 §14, 1972].

8.08.150 Collector – Compliance.

Every collector of refuse must own, operate or provide an approved site for the disposal of garbage or refuse, or have a firm contract with the operator of such an approved site where said collector of refuse shall have the right to dispose of all garbage or refuse that such collector of refuse may collect. Each collector of refuse must diligently and strictly comply with all provisions and conditions of this chapter pertaining to the collection of garbage or refuse, and also said collector of refuse shall comply with all applicable ordinances, laws, rules and regulations of the city, the county, the state and the respective health departments of said corporations. Any failure to comply with this section shall be sufficient reason for the forfeiture of permit to a collector of refuse by the city council of the city. [Ord. 440 §15, 1972].

8.08.160 Collector – Term.

A permit shall be granted for a period not exceeding five years, subject to annual review by the city council. [Ord. 440 §16, 1972].

8.08.170 Permit issuance – Fee.

The cost of the permit shall be $20.00 for each fiscal or calendar year or any fractional part thereof for which a license is granted, and said license fee shall be paid to the city clerk-treasurer and thereupon the city clerk-treasurer shall issue the permit when it has been first approved by the city council. There shall be no refund of a permit fee, or any part thereof, to an applicant or collector subsequent to issuance of the permit. [Ord. 440 §17, 1972].

8.08.180 Collector – Duties.

The collector of refuse shall collect, remove and dispose of all refuse, garbage, rubbish, swill and ashes deposited for his collection in the city in accordance with this chapter, and in accordance with all rules and regulations adopted by the city council concerning said collection, removal and disposal. [Ord. 440 §18, 1972].

8.08.190 Collector – Equipment.

For the collection of refuse, every collector of refuse shall use a fully enclosed, leak and fly-proof type truck; provided, however, for the collection of rubbish and ashes, a collector of refuse may use a dump or open type truck, but the debris must be covered with a canvas or other suitable cover whenever the truck is in motion upon a public street, and no part of said debris shall escape from said truck. All trucks shall be kept clean and neat and have a sign thereon identifying the person or firm operating the equipment. [Ord. 440 §19, 1972].

8.08.200 Sanitary fill.

Every collector of refuse or other person who operates a sanitary fill must comply with the rules and regulations of the Health Department of the state. [Ord. 440 §20, 1972].

8.08.210 Load to be covered.

The permit required under this chapter for a collector of refuse does not apply to trucks hauling manure, tree trimmings, debris from wrecked or remodeled or repaired buildings, or debris from the cleanup of premises, or cinders of commercial value. However, trucks, private or public, hauling such debris or any other item that may blow or fall off the truck shall be equipped with a cover over the load of sufficient density and so securely attached as to retain all such items within the truck bed. [Ord. 440 §21, 1972].

8.08.220 Indemnity and insurance.

The collector of refuse shall indemnify and hold harmless the city from any and all liability whatsoever from injury to or death of persons or loss of or damage to property caused by or arising out of activities or nonfeasance in connection with the performance under the license herein granted, whether such activities are those of the collector of refuse or any of the officers, employees or agents of the collector of refuse. The collector of refuse shall appear and defend in any action or suit instituted against the city arising in any manner out of acts or omissions by the collector of refuse or his or its agents or employees. The collector of refuse shall carry liability insurance for personal injury or death in amounts of not less than $25,000 for each person, nor less than $100,000 for each occurrence. In addition, property damage liability insurance shall be carried in an amount of not less than $25,000 for each accident. A certificate of insurance shall be delivered to the city clerk-treasurer prior to issuance of license, and the certificate shall provide that the insurance cannot be cancelled without 10 days’ written notice first given to the city. [Ord. 440 §22, 1972].

8.08.230 Transferability.

No permit granted to a collector of refuse shall assign, transfer or sublet without prior written consent of the city council. A permit granted to a collector of refuse shall expire upon the sale of his or its garbage collection business, and the purchaser must apply for a new license. [Ord. 440 §23, 1972].

8.08.240 Service rates.

The rates for garbage and refuse service and for the removal and disposal of dead animals shall be determined by the collector of refuse and approved by the city council. [Ord. 440 §24, 1972].

8.08.250 Garbage cans – Accessibility.

All garbage cans or refuse or rubbish shall be reasonably accessible to the collector of refuse. If not, additional charges will be made. [Ord. 440 §25, 1972].

8.08.260 Violation – Penalty.

Any person convicted of violating any provision of this chapter shall be subject to a fine of not more than $100.00 for each violation. [Ord. 679 §1, 1996].