Chapter 8.04
SOLID WASTE1

Sections:

8.04.010    Purpose.

8.04.020    Definitions.

8.04.030    Disposal of garbage, refuse, recyclables and yard and garden waste – Use of garbage cans.

8.04.040    Contract – License – Insurance.

8.04.050    Discontinuing service during vacancy.

8.04.060    Charges – Collection – Delinquency.

8.04.070    Hours of collection.

8.04.080    Contractor – Business license.

8.04.090    Contractor – Books and records.

8.04.100    Contractor – Compliance requirements.

8.04.110    Contract or license cancellation or revocation.

8.04.120    Violation designated a civil infraction and subject to civil penalty.

8.04.010 Purpose.

The provisions of this chapter are adopted for the safety, health and general welfare of the public. (Ord. A-81 § 1, 1990).

8.04.020 Definitions.

The following definitions apply in this chapter:

A. “Contractor” means any person, firm, partnership, association, institution, or corporation who has contracted with or been issued a license by the city for the collection, handling and transportation of solid waste, which includes garbage, refuse, recyclables, and yard and garden waste within the city.

B. “Garbage” means and includes all accumulations of waste matters discarded as of no further value to the owner, and are not recyclable, including but not limited to vegetable waste, wrappings, small discarded containers, but shall exclude yard and garden waste, recyclables, sewage, dead animals, cleanings from public and private catch basins, wash racks, stumps, hazardous and special waste as defined by Washington State Department of Ecology.

C. “Garbage can” means a watertight, impervious, raised-bottom container not exceeding four cubic feet or 32 gallons in capacity, weighing not over 12 pounds when empty, fitted with two sturdy handles, one on each side, and a tight cover equipped with a handle. Where the term garbage can is used herein it shall also include 90-gallon, 60-gallon, and 20-gallon toters and other containers furnished by the contractor.

D. “Garbage units” means secure and tight bundles, none of which shall exceed three feet in longest dimension, and shall not exceed 65 pounds in weight. Such “garbage units” may be packed in small boxes, barrels, or bags, or in securely tight cartons or other receptacles reasonably easy to be handled and loaded by one person onto a collection vehicle.

E. “Person” means every person, firm, partnership, association, institution, or corporation in the city accumulating garbage, refuse, yard and garden waste, or recyclables requiring disposal. The term also means the occupant and/or the owner of the premises for which service herein mentioned is rendered.

F. “Recyclables” include but are not limited to those materials listed in the King County comprehensive solid waste plan and any amendments thereto.

G. “Refuse” means and includes nonrecyclable waste matter discarded as of no further value, including ashes, cinders, clinkers, broken-up household furnishings and equipment, discarded hot water tanks, barrels, cartons, and pieces of wooden crates and boxes; but shall exclude yard and garden waste, large trees, earth, sand, gravel, rock, broken concrete, plaster, bricks, and other building materials, automobile bodies, large auto parts, building waste and fire refuse and waste.

H. “Yard and garden waste” means grass clippings, leaves, branches (not to exceed three inches in diameter), brush, bushes, weeds, sod and dirt and trees not to exceed three inches in diameter and/or three feet in length; but does not include rocks, bricks, hazardous materials, scrap metals, garbage or refuse. (Ord. A-81 § 1, 1990).

8.04.030 Disposal of garbage, refuse, recyclables and yard and garden waste – Use of garbage cans.

A. All persons accumulating garbage, refuse, recyclables, or yard and garden waste in the city shall place and accumulate the same in garbage cans or garbage units as defined heretofore in this chapter or in approved containers.

B. It is unlawful to deposit, throw, or place any garbage, refuse, recyclables, or yard and garden waste in any lane, alley, street or other public place, or to deposit, throw or place any garbage, refuse, recyclables, on any private property regardless of ownership, unless said garbage, refuse, recyclables, garden waste is placed in garbage cans, garbage units or other approved containers, the covers of which shall not be removed except when necessary for the depositing or removing of garbage, refuse, recyclables, or yard and garden waste; provided that yard and garden waste may be deposited on the property from which it originated, or on other private property with the permission of the property owner; and provided further, that boxes, broken-up household furniture and equipment, paper, and rubbish in general, may be broken up or cut up and placed in garbage or recycling units as defined heretofore in this chapter.

C. No garbage can with the exception of approved toters shall weigh more than 65 pounds and shall be so packed that the contents thereof will dump out readily when the can is inverted. All garbage cans and units shall be placed in convenient accessible locations on the ground level or ground floor or near the street or road, whether public or private, at which collection trucks are to be loaded; all walks, paths and driveways to the place of loading shall have an overhead clearance of not less than eight feet; garbage cans or units must be placed no farther than five feet from the edge of the traveled portion of the roadway except in cases where the customer is unable to comply because of a physical disability.

D. Any person who accumulates garbage, refuse or yard and garden waste in the business areas whose location requires the placing of cans or units on sidewalks or alleys for collection shall not place the same on any sidewalk or alley until the close of each business day, and shall remove cans from the sidewalk or alley immediately after opening for business each morning.

E. No hot ashes or hot clinkers shall be placed in any garbage can or container for collection or removal. All kitchen, table, cooking, animal and vegetable waste and offal, before being deposited in garbage cans or containers as hereinbefore provided, shall be drained and wrapped in paper or other material in such a manner as to prevent, as nearly as possible, moisture from such garbage from coming in contact with sides or bottoms of the cans or containers.

F. Sufficient garbage cans or units must be provided by the person accumulating garbage, refuse, recyclables and yard and garden waste for its collection. Worn out and improper cans shall be discarded and the decision of the city manager or his designee, as hereinafter provided, shall be final in any dispute regarding the type, number, and condition of garbage cans.

G. It is unlawful, except as authorized by the owner or the city, to deposit any garbage, refuse, recyclables, yard and garden waste, or other material in any garbage can, garbage unit or container, or to remove the cover therefrom; said cover shall be securely placed on each can or unit as defined in this chapter at all times, except when it is necessary to remove same for deposit or at times of collection.

H. While garbage and refuse may be placed in the same garbage can or garbage unit, it is unlawful to place yard and garden waste in a can or unit which contains garbage and/or refuse or recyclables. Yard and garden waste must be placed in a separate can or unit. Recyclables may be placed in a separate can or unit or placed in same can or unit as garbage.

I. No garbage cans or garbage units for residential garbage, refuse, recyclables or yard or garden waste shall be placed along a public street, on a public sidewalk, or on other public property any sooner than 24 hours before the time of collection. All residential garbage cans and garbage units shall be removed from public areas within 24 hours of the time of collection. (Ord. A-107 §§ 1, 2, 1993; Ord. A-81 § 1, 1990).

8.04.040 Contract – License – Insurance.

A. No person shall engage in the business of collection, handling, or transportation of solid waste within the city without first contracting with the city or having obtained a solid waste collection, handling and transportation license and agreeing to comply with such regulations as may be issued under the authority of this chapter and amendments thereof, and further, without first obtaining such license, permits, or franchises, if any, which may be required by the state of Washington, or King County.

B. The mayor and city clerk shall be authorized from time to time by the city council to execute in the name of the city an exclusive contract or license to a particular contractor for the curbside collection, handling, and transportation of solid waste within the city. The term of such contract or license shall be as established by the city council.

C. Before any such contract or license shall take effect, there shall be filed with the city clerk and kept in full force and effect during the term of any contract or license, a bond approved as to form by the city attorney and as to surety by the city manager in the penal sum of $250,000 conditioned upon the full and faithful performance by the contractor of the terms and conditions of the contract or license, and payment by such contractor to all laborers, mechanics and materialmen, and all persons who shall supply the contractor with provisions, equipment and supplies for his performance.

D. The contractor shall at all times protect and hold harmless and defend the city from all claims, actions, suits, liability, loss, expense, or damage of every kind and description, including court costs and attorneys’ fees which may accrue to or be suffered or claimed by any person or persons or the city itself arising out of the contractor’s operations or by reason of any license, copyright, property right, or other intangible or patent or any article or system used in the contractor’s operation. The contractor shall also pay all costs, expenses, and reasonable attorneys’ fees which may be incurred or paid by the city in enforcing any provisions of this chapter or amendments thereof.

E. In addition, the contractor shall provide and maintain in full force and effect during the entire term of the contract or license or any renewal thereof a comprehensive liability insurance policy naming the city as an additional insured providing for limits as follows:

1. Public liability for bodily injury, $1,000,000;

2. Public liability for property damage, $1,000,000;

3. Automobile public liability for bodily injury, $1,000,000;

4. Automobile public liability for property damage, $1,000,000.

F. Certificate of such insurance shall be filed with the city clerk and shall provide for 30 days’ written notice to the city of any material, change, cancellation, or lapse of such policy. The insurance shall include completed operations and blanket contractibility. (Ord. A-81 § 1, 1990).

8.04.050 Discontinuing service during vacancy.

Whenever any person determines to leave his premises vacant for a period of more than one month and thus shall not need solid waste collection service during said period, he may cancel garbage collection and service fees therefor for said vacated premises by giving written notice of said vacancy to the contractor and in the written notice the person shall state the period of said vacancy and the street address of the premises; provided, that upon receipt of said written notice said service will be discontinued on the first calendar day of the next succeeding month for not less than 30 days. (Ord. A-81 § 1, 1990).

8.04.060 Charges Collection – Delinquency.

The contractor shall collect the charges for services rendered hereunder from the person from whom collection services are furnished as set forth in the contract or license between the city and the contractor. All charges for collection services rendered and billed hereunder shall be payable to the contractor and, if not paid on or before the tenth day of the month following the month for which said services are rendered, such charge shall become delinquent. Upon failure to pay such charges and upon delinquency, the contractor may pursue his civil remedies in a court of competent jurisdiction. (Ord. A-81 § 1, 1990).

8.04.070 Hours of collection.

All solid waste as hereinbefore defined will be collected within the boundaries of the city as follows:

A. Regular collections from business firms and commercial enterprises will be made as often as required, with a minimum of not less than one pickup per week, but shall not exceed one pickup per day, five days per week, Monday through Friday, between the hours of 4 am and 4 pm.

B. Regular collection of garbage from residential dwellings shall be made one day per week, Monday through Friday, between the hours of 7 am and 4 pm.

C. Curbside collection of recyclables from residential dwellings shall be made a minimum of one day per month, between the hours of 7 am and 4 pm.

D. Curbside collection of yard and garden waste from residential dwellings shall be made a minimum of two days per month March through October and one day per month November through February, between the hours of 7 am and 4 pm.

E. The regular collection period between Monday through Friday may be extended by one day to include Saturday if during that particular week the official and/or authorized dump site and/or transfer station has been closed in recognition of a holiday.

F. The regular collection period Monday through Friday may be extended by one day to include Saturday if during that particular week a recognized holiday, as defined in the contractor’s labor contract, falls on one of the regular collection days of Monday through Friday. (Ord. A-81 § 1, 1990).

8.04.080 Contractor – Business license.

A. The contractor shall make application to the clerk-treasurer of the city for a business license and shall pay such fees that may be due for the issuance of such license.

B. The contractor shall be responsible for keeping his business license current. (Ord. A-81 § 1, 1990).

8.04.090 Contractor – Books and records.

A. The contractor shall keep books and records on all business transactions pertaining to his business conducted within the city.

B. Such books and records shall be so kept as to be readily identifiable with only that portion of the contractor’s business conducted within the city.

C. Such books and records shall be open for examination at all reasonable times by the city clerk or a duly authorized agent. In the case where such books and records are not kept within the city for examination, it shall be sufficient if the contractor produces within the city such books and records as may be required by the city clerk or bears the cost of examination by the city clerk’s agent at the place where such books and records are kept; provided that if the contractor elects to bear such cost, the costs shall be advanced to the city clerk, including round trip fare, lodging, meals, and incidental expenses, subject to adjustment upon completion of the examination.

D. On or before the fifth day of each month, the contractor shall submit weight slips (transfer station receipts) and recycling tonnage or true copies thereof for all solid waste collected by him from within the city during the previous month. Such weight slips shall be submitted on a regular monthly basis and shall represent as closely as possible the actual weight of garbage, refuse, recyclables, and yard or garden waste collected during the applicable one-month period. (Ord. A-81 § 1, 1990).

8.04.100 Contractor – Compliance requirements.

A. The contractor shall comply with all provisions of this chapter and amendments thereof.

B. The contractor shall comply with all provisions of the contract or license with the city.

C. The contractor shall comply with all applicable federal, state and county laws and regulations pertaining to the collection, handling, transportation and disposal of solid waste. (Ord. A-81 § 1, 1990).

8.04.110 Contract or license cancellation or revocation.

The contract or license shall be subject to cancellation or revocation after a hearing before the city council based upon charges brought by the city manager alleging willful or repeated violations of laws of the city or upon charges alleging noncompliance with provisions of the contract or license. (Ord. A-81 § 1, 1990).

8.04.120 Violation designated a civil infraction and subject to civil penalty.

A. Except as set forth below pertaining to the violation of the provisions pertaining to location of garbage cans set forth in MICC 8.04.030C and I, any person who violates any provision of this chapter shall be liable for the payment of a civil penalty in the amount of $500 for each violation. A violation of this chapter is designated to be a civil infraction and is not classified as a criminal offense, provided that a warning notice shall be given for the first violation and all subsequent violations shall be subject to the civil penalty.

B. The civil penalty for a violation of the provisions pertaining to location of garbage cans found in MICC 8.04.030C and I is established as follows:

1. There shall be a warning notice given for the first violation;

2. For the second violation the penalty shall be $25;

3. For the third violation the penalty shall be $50;

4. For the fourth and subsequent violations the penalty shall be $100.

C. Whenever any person is arrested for any violation of this chapter, the arresting officer may serve upon him/her a citation and notice to appear in court. The arrested person, in order to secure release, and when permitted by the arresting officer, must give his written promise to appear in court, as required by the citation and notice by signing in the appropriate place on the written citation and notice served by the arresting officer. Upon the arrested person’s failing or refusing to sign such written promise to appear in court, he/she may be taken into the custody of such arresting officer and so remain or be placed in confinement. The failure to sign a written promise to appear shall constitute a criminal offense under the provisions of the Mercer Island City Code.

D. Any person violating his/her written promise to appear in court or his/her written and signed promise to respond to a notice of infraction issued as provided in this title, is guilty of a misdemeanor regardless of the disposition of the charge upon which he/she was originally cited or arrested or the disposition of a notice of infraction; provided, that a written promise to appear in court or a written promise to respond to a notice of infraction may be complied with by an appearance of counsel representing the person charged. (Ord. A-112 § 1, 1993; Ord. A-107 § 3, 1993).


1

Prior legislation: Ord. 513.