Chapter 13.12
REFUSE COLLECTION1
Sections:
13.12.010 Territory regulated.
13.12.030 Collection deemed compulsory and universal.
13.12.040 Containers required – Specifications – Incineration.
13.12.050 Frequency of collection.
13.12.060 Charges for collection and disposal – Payment requirements.
13.12.080 Unlawful collection.
13.12.090 Violation – Penalty.
13.12.010 Territory regulated.
This chapter applies to all territory embraced within the corporate limits of the city. (Ord. 502 § 1, 1947. Prior code § 10.06.010)
13.12.020 Definitions.
For the purposes of this chapter, unless the context indicates otherwise, the words and phrases used in this chapter are defined as follows:
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. “Garbage” means and includes all putrescible wastes, except sewage and body wastes, including vegetable and 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.
C. “Person” means every person, firm, copartnership, association or corporation.
D. “Refuse” means and includes garbage, rubbish, swill and all other putrescible and nonputrescible wastes except sewage, from all public and private establishments and residences.
E. “Rubbish” means and includes all nonputrescible wastes, except ashes, from all public and private establishments and from all residences.
F. “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.
G. “Third party hauler” shall mean an individual, business, or entity that provides refuse collection services to collect, remove, or dispose of refuse, garbage, or swill generated by another individual or entity. “Third party hauler” shall not mean an individual or business collecting, removing, and/or disposing of its own refuse, garbage, or swill. (Ord. 2761 § 1, 2021; Ord. 502 § 3, 1947. Prior code § 10.06.030)
13.12.030 Collection deemed compulsory and universal.
The maintenance of health and sanitation require, and it is the intention of this chapter, to make the collection, removal and disposal of garbage and refuse within the city compulsory and universal. (Ord. 502 § 2, 1947. Prior code § 10.06.020)
13.12.040 Containers required – Specifications – Incineration.
A. It shall be the duty of every person in possession, charge, or in control of any dwelling, roominghouse, apartment house, school, hotel, restaurant, boardinghouse or eating place, or in possession, charge or control of any shop, place of business or 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. The containers shall be of not more than 30-gallon capacity, and must be kept in clean, sanitary condition at all times by the owners thereof. At times of collection, such containers must be placed in the open (not in garages, not behind locked gates, nor in inaccessible locations) and must be located no further than 65 feet from the property line nearest to the point of collection.
B. This section is subject to the proviso that 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 garbage and refuse department, be collected, removed and disposed of in such a manner that the department shall approve and direct. Garbage and swill shall not be disposed of upon private premises by incineration. (Ord. 718, 1962: Ord. 502 § 5, 1947. Prior code § 10.06.050)
13.12.050 Frequency of collection.
Collection of garbage and refuse shall be made in the residential sections of the city at least once each week, and from hotels, restaurants, eating places and in the business places of the city, at least twice per week. (Ord. 502 § 7, 1947. Prior code § 10.06.070)
13.12.060 Charges for collection and disposal – Payment requirements.
The charges for refuse collection and disposal shall be compulsory. (Ord. 2201 § 1, 2007: Ord. 502 § 9, 1947. Prior code § 10.06.090)
13.12.070 Fee schedule.
A. Refuse collection rates are amended and the rate schedule is available on the city website and in the finance department.
B. The rates stated above will be subject to the Washington State excise tax and city of Sumner utility tax and will appear on individual bills. (Ord. 2386 § 2, 2012; Ord. 2315 § 1, 2010; Ord. 2283 § 1, 2009; Ord. 2249 § 1, 2008; Ord. 2201 §§ 2, 3, 2007: Ord. 2179 §§ 2, 4 (part), 2006: Ord. 2164 §§ 1, 2, 2006: Ord. 2114 §§ 1, 2, 2005: Ord. 2073 §§ 1, 2, 2004: Ord. 2065 §§ 1, 2, 2003: Ord. 2017 § 1, 2002: Ord. 2008 § 1, 2002: Ord. 1962 §§ 1, 2, 2001: Ord. 1929 §§ 1, 2, 2000: Ord. 1880 § 1, 1999: Ord. 1858 § 1, 1998: Ord. 1797 §§ 1, 2, 1997: Ord. 1674 §§ 1, 2, 1995; Ord. 1606 § 1, 1993; Ord. 1527 § 1, 1991: Ord. 1491 § 1, 1990: Ord. 1394 § 1, 1987; Ord. 1346 § 1, 1986: Ord. 1260 § 1, 1984: Ord. 1231 § 1, 1983: Ord. 1131 § 1, 1980: Ord. 1105 § 1, 1979: Ord. 1059: Ord. 814: Ord. 824: Ord. 995: Ord. 502 § 11, 1947. Prior code § 10.06.100)
13.12.075 Franchise fee.
In addition to the collection rates established in SMC 13.12.070, there shall be assessed from the contractor D. M. Disposal Company, Inc., a franchise fee in the amount of one and one-quarter percent of the gross revenues received from customer billings pursuant to the agreement entered into between the city of Sumner and D. M. Disposal Company, Inc. The franchise fee shall be paid on a monthly basis. (Ord. 2102 § 1, 2004: Ord. 2017 § 2, 2002)
13.12.080 Unlawful collection.
A. It is unlawful for any person to bury, burn, dump, collect, remove or in any other manner dispose of garbage, refuse, rubbish, or swill upon any street, alley, public place or private property within the city otherwise than as provided in this chapter.
B. It shall be unlawful for any third party hauler, as defined in this chapter, to collect, remove, or dispose of garbage, refuse, rubbish, or swill without a valid franchise agreement with the city of Sumner authorizing such business to do the same. (Ord. 2761 § 1, 2021; Ord. 502 § 6, 1947. Prior code § 10.06.060)
13.12.090 Violation – Penalty.
A. Any violation of SMC 13.12.040, 13.12.050, or 13.12.080 constitutes a Class 1 civil infraction punishable by a fine not to exceed $250.00 plus statutory assessments.
B. In addition to the penalties provided in subsection (A) of this section, the provisions of chapter 15.06 SMC shall apply to any violation(s) of SMC 13.12.080. (Ord. 2761 § 1, 2021; Ord. 1307 § 1, 1985: Ord. 502 § 12, 1947. Prior code § 10.06.120)
See also chapter 13.10, yard waste.