Chapter 5.18 GARBAGE DISPOSAL AND COLLECTION

The maintenance of health and sanitation in the city of Ellensburg requires, and it is the intention hereof that the collection, removal and disposal of garbage, refuse and dead animals be strictly regulated and controlled. It shall be the duty of the city manager to provide for the inspection of premises and for the enforcement of the rules and regulations hereof. [Ord. 2327 § 1, 1957.]

5.18.020 Definitions.

“Ashes” shall include 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.

“City manager” shall be the duly appointed or acting city manager of the city of Ellensburg or subordinate city officer upon whom the responsibility of his office as herein provided has been placed by the city manager.

“Garbage” shall include all putrescible wastes, except sewage and body wastes, including vegetable wastes, animal offal, and carcasses of dead animals, but not including recognized industrial by-products, and shall include all such substances from all public and private establishments and residences.

“Permittee” shall be the person who has in effect an unrevoked exclusive permit from the city of Ellensburg to engage in the business of collecting garbage and refuse.

“Person” shall mean every person, firm, partnership, association, institution and corporation. The term shall also mean the occupant and/or the owner of the premises for which service herein mentioned is rendered.

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

“Rubbish” shall include all nonputrescible wastes, except ashes, from all public and private establishments and residences.

“Swill” shall mean and include 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. 2327 § 2, 1957.]

5.18.030 Accumulation of refuse.

It shall be the duty of every person in possession, charge, or in control of any dwelling, flat, rooming house, apartment house, hospital, school, church, 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, 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 such appurtenances shall be so placed as to be readily accessible for removal of accumulated garbage.

It shall be the duty of the owner of any dwelling, flat, apartment house or trailer camp to furnish or to see that his tenants are supplied with such cans. [Ord. 2327 § 3, 1957.]

5.18.040 Garbage cans – Construction and uses.

A. Such 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 gallons capacity, shall have two handles at the sides thereof and tight-fitting lids. 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 lids shall be replaced by the person placing the same therein or taking the same therefrom. Dish water or other liquid or semi-liquid kitchen wastes which are properly disposable down the sanitary drains shall not be deposited in garbage cans. Cans shall not be overloaded beyond the point where covers can be securely replaced.

B. Each garbage can shall be kept clean inside and out so that no odor nuisance shall exist, and the area around said cans shall be kept in a neat and sanitary condition.

C. No refuse can shall be overloaded beyond a gross weight of 75 pounds. Refuse for special pick-ups shall be placed at the garbage can or as near thereto as possible. Customers must restrain vicious dogs beyond reach of the garbage cans and prevent any interference with pick-up men on this account.

D. Large, suitable containers for bulk collection of garbage and refuse may with the approval of the city manager be used by hotels, restaurants, boarding houses, eating places, apartment houses, schools and hospitals, and in the business district.

E. It shall be unlawful for any person other than the owner or his agent, persons lawfully engaged to remove same, health officer, sanitarian, or city inspector to open, disturb or interfere with any receptacle or can containing a lawful accumulation of garbage or refuse.

F. This section is subject to the provision 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 city manager be collected, removed, and disposed of in a manner that said city manager shall approve and direct. [Ord. 2327 § 4, 1957.]

5.18.045 Garbage cans secured.

All garbage cans which are not enclosed by fence or buildings shall be so secured and held down with lid in place and secured in such manner as may be necessary to prevent dogs and other animals from gaining access to same and the contents thereof. [Ord. 2403, 1959; Ord. 2327 § 4A, 1957.]

5.18.050 Removal from premises.

It shall be unlawful to accumulate and keep garbage and refuse for any period of time in excess of one week and it shall be the duty of every person to remove or cause same to be removed and disposed of regularly at least once each week in the manner required in this chapter. [Ord. 2327 § 5, 1957.]

5.18.060 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. 2327 § 6, 1957.]

5.18.070 City removal – Charges and lien.

Whenever for the preservation of the public health and comfort it becomes necessary for the city of Ellensburg under direction of the city manager 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 until paid. Such lien shall be enforced and foreclosed in the manner provided in Chapter 270 of the Laws of Washington for 1943 (RCW 35.21.120 through 35.21.150). [Ord. 2327 § 7, 1957.]

5.18.080 Restriction on manner of disposal.

It is unlawful for any person to burn, dump, collect, remove, or in any other manner dispose of garbage and refuse upon any street, alley, public place or private property within the city otherwise than as herein provided and except as may be necessary to dispose of same in the manner provided herein. Garbage and swill shall not be disposed of upon private premises by incineration.

Waste paper, boxes, rubbish, and debris, brush, leaves, grass, wood and cuttings from trees, lawns, shrubs, and gardens (but excepting paper, cardboard or wood containers in commercial quantities) may be burned on private property in furnaces, or upon special permit from the fire chief. [Ord. 2327 § 8, 1957.]

5.18.090 Separation of refuse.

The city reserves the right to require the separation of paper or swill or other component parts of garbage and refuse, or any of them, and may require the deposit thereof in separate cans or receptacles and may prescribe the methods of disposal thereof.

Subject to the rules and regulations of the city council, swill may be used or sold by the persons producing the swill and removed beyond the city limits by the persons using or purchasing it. It is unlawful for any person to collect or transport any swill upon the city streets in equipment that has not been approved by the city manager. [Ord. 2327 § 9, 1957.]

5.18.100 Disposal.

All disposal of refuse shall be by method or methods specifically approved by the State Department of Health; provided, that the method or methods shall include the maximum practicable rodent, insect, and nuisance control at the place of disposal; and provided further, that animal offal and carcasses of dead animals shall be buried, cremated or disposed of as directed by the health officer. While transporting refuse, the vessel containing same shall be closed. [Ord. 2327 § 10, 1957.]

5.18.110 Permit.

It is unlawful for any person to engage in the business of collecting, removing or hauling garbage, ashes, refuse, litter, paper, filth and other substances from the city without first having issued to him the permit hereinafter provided. The permit shall grant to the permittee the right and privilege to engage within the corporate limits of Ellensburg in the business of collecting garbage and refuse for a period of 15 years subject to the terms and conditions provided in this chapter. The holder of such a permit shall be obligated to operate and maintain such a business and operate and maintain a sanitary landfill to which all material collected by permittee in the city shall be hauled, all for the term of the permit. He shall maintain continuous and regular service during such term to all places in Ellensburg requesting service at rates established hereunder. The permit shall not be transferred without the approval and consent of the city council, which approval and consent shall not be unreasonably withheld, and any assignment or transfer without such consent shall be void. [Ord. 2820 § 1, 1970; Ord. 2327 § 11, 1957.]

5.18.120 Application for permit.

Before such permit shall be issued, application therefor shall be made in writing to the city council, which application shall describe the vehicles and equipment that will be used for the purpose of collecting, removing, or hauling such garbage, ashes or other substances and the sanitary landfill which shall be maintained by the permittee. As a prerequisite to the issuance of any such permit, the city council shall have the right to examine the vehicles and equipment and sanitary landfill described in the application in order to determine that the same are sufficient. As a condition to the issuance or continuation of the permit, the city may require the applicant to provide such additional equipment as may be necessary from time to time to collect garbage and refuse in the city and to provide sanitary landfill capacity sufficient for the full length of the permit. Failure to maintain and use approved equipment or to provide a sanitary landfill of sufficient capacity shall be cause for revocation of the permit by the city council. [Ord. 2820 § 2, 1970; Ord. 2327 § 12, 1957.]

5.18.130 Permittee – Bond – Indemnification.

Before a permit is issued, the applicant shall file and maintain with the city clerk an indemnity bond in the principal sum of $10,000 with good and sufficient surety, conditioned that the principal will indemnify and save the city harmless for its failure to comply with its obligations under this chapter and under the permit to be issued hereunder during the term specified in the bond, which shall not be less than one year. This indemnity shall include all necessary cost and expense incurred by the city as a consequence of such failure; provided, that the conditions of the bond shall not apply when the permittee is unable to operate because of an organized labor strike.

The permittee shall conduct all operations under the permit as an independent contractor and not as an agent of the city, and permittee shall hold city harmless from all claims and demands of third parties arising from or associated with permittee's operations under the permit, and shall maintain liability insurance for bodily injury and property damage in limits of not less than $100,000 through $200,000 and shall at all times provide the city clerk with a copy of the liability insurance policy. [Ord. 2820 § 4, 1970; Ord. 2327 § 14, 1957.]

5.18.140 City use of equipment and sanitary landfill.

The person granted a permit to operate a garbage and refuse collection business in Ellensburg hereunder pledges all of the equipment and facilities, including sanitary landfill, used in the business to the city; and thereunder, in the event the permittee fails to continue to maintain a garbage and refuse service in Ellensburg as required hereunder, the city may forthwith take over and possess all of such equipment, facilities, and sanitary landfill of the permittee for the purpose of restoring regular service in the city. Such possession may continue until service is restored. [Ord. 2820 § 5, 1970; Ord. 2327 § 15, 1957.]

5.18.150 Collection and landfill site use charges – Approval.

The person holding a permit to operate a garbage and refuse collection service hereunder shall establish uniform and reasonable rates for service, which rates shall be subject to approval by the Washington Utilities and Transportation Commission and shall be filed in the office of city clerk. No charges may be collected unless made in accordance with rates which have been so approved and filed. The permittee shall file with the city manager a copy of any and all applications to the Washington Utilities and Transportation Commission for a change or modification of the rates. The permittee shall establish uniform and reasonable rates for the delivery of refuse or garbage by persons other than the permittee to the sanitary landfill maintained by permittee, which rates shall be subject to approval by the city council. [Ord. 2820 § 6, 1970; Ord. 2327 § 16, 1957.]

5.18.160 Fee.

During the term of such permit, the permittee shall pay to the city a fee of $500.00 per year, payable in semiannual installments of $250.00 each. [Ord. 2820 § 7, 1970; Ord. 2327 § 17, 1957.]

5.18.170 Revocation of permit.

The permit may be revoked by the city council at any time after reasonable notice of deficiencies, and failure to comply therewith, and after public hearing, for any lawful cause including but not limited to nonpayment of the fees provided for herein. The city may also revoke the permit, effective at the end of any calendar year, for the purpose of establishing a municipally owned garbage and refuse collection system and sanitary landfill. In such latter event, the city shall notify the permittee of its intention at least 60 days prior to the end of such year, and at the option of the permittee the city shall be obligated to purchase all of the business, equipment, and facilities, including the sanitary landfill, of the permittee at its then fair value. The penalties of the bond of the permittee shall not be assessed when the city so acquires the business of the permittee. [Ord. 2820 § 8, 1970; Ord. 2327 § 18, 1957.]

5.18.180 Supervision by city manager – Rules and regulations.

The supervision of garbage and refuse collection, removal, and disposal, and the operation of the sanitary landfill shall be by the city manager. The city council, by resolution, may adopt reasonable rules and regulations to govern the manner of collecting or removing garbage and refuse and to regulate the equipment, vehicles, and appurtenances used for such purposes and to govern the operation and maintenance of the sanitary landfill. Such rules and regulations, if so adopted, shall be posted and filed in the office of the city clerk. It is unlawful for any person, firm or corporation knowingly to violate any such rules or regulations. [Ord. 2820 § 9, 1970; Ord. 2327 § 19, 1957.]

5.18.190 City may employ permittee.

Whenever the property owner or occupant fails, neglects or refuses to collect or remove garbage and refuse as herein required, the city may employ the permittee to remedy the violation and the cost of such service shall be charged to the owner of the property and collected as provided in ECC 5.18.070. [Ord. 2327 § 20, 1957.]

5.18.200 Private operation by permittee.

Nothing contained in this chapter shall be construed to indicate that the garbage collection and disposal service and landfill site of the permittee is in any manner a public agency operation or other than a private business enterprise of the permittee. [Ord. 2820 § 10, 1970.]

5.18.210 Severability.

If any section, provision, or part of the ordinances codified in this chapter shall be adjudged to be invalid, such adjudication shall not affect the validity of the chapter as a whole or any section, provision, or part thereof not adjudged invalid. [Ord. 2327 § 21, 1957.]

5.18.220 Penalties.

Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not exceeding $300.00, or imprisoned for a term not exceeding 90 days, or both such fine and imprisonment, in the discretion of the court. [Ord. 2327 § 23, 1957.]